Parking eye - University gym car park Oxford

anonuser23

Quick run down of the details

Parking charge contravention date: 02/05/2025
Parking eye charge notice issued: 06/05/2025

I visited the university gym on Iffley road, Oxford after work.  I had not visited the gym (I'm a member) in a very long time, and in the interim period Parking eye had been installed as the private car park operator.

The charge notice is addressed to the keeper (with a spelling mistake on the name) of the vehicle who was NOT the driver on that day (I was). No evidence of parking given in PCN, only entry and exit. No windscreen ticket.

The Charge notice does not specifically say what the contravention was. I did NOT overstay the 4 hour limit - I only stayed for 1 hour 17 minutes.

As part of the new parking regime, customers have to enter their car registration into a tablet/terminal at reception. This was not really clearly marked or sign posted. And new parking rules were not communicated to customers since Parking eye operator was installed. The signs on entering the car park also are very small and easily missed. Lastly the parking bay in which I parked did not have a sign anywhere near it displaying the parking rules. I took pictures of these.

I (the driver) have gone back to talk to the gym and asked them if they can help cancel the PCN. They said they can't outright cancel the PCN, but I can appeal and send them the reference number, and they will support my appeal to Parkingeye.

Overall I feel there are mitigating circumstances and legitimate grounds for appeal.

Appeals should be submitted within 28 days.

Thank you for any advice.

Car1980

Parking Eye PCNs tend to give you more information on the reverse in the smaller type for some reason.

Have another look.

Coupon-mad

I recall that gym on Iffley Road when my sprogs were at Uni there. It didn't have a PPC at all back then. Love Oxford. Beautiful city.

You won't be paying. Not ever.

Get the gym to send the email this week, asking for the PCN to be cancelled. ParkingEye probably will cancel for the gym.

Do that first, and get some photos inside and outside. You'll need this evidence for POPLA Stage:

 - the (small?) sign at /around the keypad

- the position if the keypad (in a corner/on a desk where your eye would not be drawn to it?)

-  any large banner or A Board about it

-  the t&cs signs outside

- the areas WITHOUT signs (try looking next to the building or at disabled bay areas: they never seem to put signs there. Get pics)

- the entrance P sign and a wider view in context, to show how easy it is to miss.

Le_Kirk

There should be signs in and around the car park warning parkers, especially new or returning ones,  that the rules have changed and those signs should stay up for a period determined by the operators t&cs - could be as long as four months

fisherjim

The Joint BPA/IPC COP  states that charges should not be issued to drivers after a "material change" until a 4 month bedding in period has lapsed:

3.4. Material changes – notices

Where there is any material change to any pre-existing terms and conditions that would not
be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator must place additional (temporary) notices at the site
entrance for a period of not less than 4 months from the date of the change making it clear
that new terms and conditions/charges apply, such that regular visitors who might be
familiar with the old terms do not inadvertently incur parking charges.

NOTE: Examples of material changes can include introduction of parking enforcement
where none has previously applied, introduction of time-limited free parking, or reductions
in the time limit within which free parking is available. Given the need to avoid confusion
and clutter at entrances the test is whether the fact that a change has been made is clearly
signalled to drivers on entering the land and the nature of the change is clearly displayed
thereafter – it may also be necessary to install repeater notices depending on the scale of
the premises.

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

anonuser23

Coupon-mad said:

I recall that gym on Iffley Road when my sprogs were at Uni there. It didn't have a PPC at all back then. Love Oxford. Beautiful city.

You won't be paying. Not ever.

Get the gym to send the email this week, asking for the PCN to be cancelled. ParkingEye probably will cancel for the gym.

Do that first, and get some photos inside and outside. You'll need this evidence for POPLA Stage:

 - the (small?) sign at /around the keypad

- the position if the keypad (in a corner/on a desk where your eye would not be drawn to it?)

-  any large banner or A Board about it

-  the t&cs signs outside

- the areas WITHOUT signs (try looking next to the building or at disabled bay areas: they never seem to put signs there. Get pics)

- the entrance P sign and a wider view in context, to show how easy it is to miss.

Thanks for your reply.

However, when I talked to the gym they said they would only support an appeal I made, NOT send a pre-emptive email asking for the PCN to be cancelled.  This means I must submit an appeal to parkingeye's website then let the gym know.  They will then send an email supporting my appeal.

I have some pictures of the entrance signs and the parking bays where I parked (there were no signs above those bays).

So I am in a situation where I must appeal - explain the mitigating circumstances, then contact the gym to support that.  Not sure if this strategy will fly.

anonuser23

fisherjim said:

The Joint BPA/IPC COP  states that charges should not be issued to drivers after a "material change" until a 4 month bedding in period has lapsed:

3.4. Material changes – notices

Where there is any material change to any pre-existing terms and conditions that would not
be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator must place additional (temporary) notices at the site
entrance for a period of not less than 4 months from the date of the change making it clear
that new terms and conditions/charges apply, such that regular visitors who might be
familiar with the old terms do not inadvertently incur parking charges.

NOTE: Examples of material changes can include introduction of parking enforcement
where none has previously applied, introduction of time-limited free parking, or reductions
in the time limit within which free parking is available. Given the need to avoid confusion
and clutter at entrances the test is whether the fact that a change has been made is clearly
signalled to drivers on entering the land and the nature of the change is clearly displayed
thereafter – it may also be necessary to install repeater notices depending on the scale of
the premises.

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

Because I had not been back to the gym in a very long time, I'm not sure when parkingeye was installed, and therefore how long the signs had been up.

I just emailed the gym to ask when parkingeye started operating the car park.

Coupon-mad

anonuser23 said:

Coupon-mad said:

I recall that gym on Iffley Road when my sprogs were at Uni there. It didn't have a PPC at all back then. Love Oxford. Beautiful city.

You won't be paying. Not ever.

Get the gym to send the email this week, asking for the PCN to be cancelled. ParkingEye probably will cancel for the gym.

Do that first, and get some photos inside and outside. You'll need this evidence for POPLA Stage:

 - the (small?) sign at /around the keypad

- the position if the keypad (in a corner/on a desk where your eye would not be drawn to it?)

-  any large banner or A Board about it

-  the t&cs signs outside

- the areas WITHOUT signs (try looking next to the building or at disabled bay areas: they never seem to put signs there. Get pics)

- the entrance P sign and a wider view in context, to show how easy it is to miss.

Thanks for your reply.

However, when I talked to the gym they said they would only support an appeal I made, NOT send a pre-emptive email asking for the PCN to be cancelled.  This means I must submit an appeal to parkingeye's website then let the gym know.  They will then send an email supporting my appeal.

I have some pictures of the entrance signs and the parking bays where I parked (there were no signs above those bays).

So I am in a situation where I must appeal - explain the mitigating circumstances, then contact the gym to support that.  Not sure if this strategy will fly.

It should do. ParkingEye often cancel when a retailer/business contacts them like that. Definitely get the gym to lean on them.

But you'll never pay it, even if you lose the appeal stage so it's not an issue.

anonuser23

Coupon-mad said:

It should do. ParkingEye often cancel when a retailer/business contacts them like that. Definitely get the gym to lean on them.

But you'll never pay it, even if you lose the appeal stage so it's not an issue.

Thanks once again for your advice.

So looks like I have to appeal first and then the gym will support it as per their recent emails with me.

I will submit a standard appeal on parkingeye's website outlining the mitigating circumstances.  Is there anything I should be aware of when drafting the appeal text?  I have pictures of poor signage, and I can also explain that I was not aware of the updated parking regulations having not attended the gym for so long since the change.

The parkingeye PCN is also addressed to the vehicle owner (NOT me), and the name is spelled incorrectly - should I highlight this in the appeal?

Thanks again.

Le_Kirk

The PCN is likely addressed to the Registered Keeper and if that isn't you, why are you dealing? It should be done in the name of the RK but of course, you can help.  Does the name on the PCN equate to that on the V5C?

anonuser23

Le_Kirk said:

The PCN is likely addressed to the Registered Keeper and if that isn't you, why are you dealing? It should be done in the name of the RK but of course, you can help.  Does the name on the PCN equate to that on the V5C?

I was the driver, so I am trying to deal with it obviously.  The name on the PCN contains a spelling mistake so that it does not match exactly with the RK on the V5C.