Parkingeye fine, 18 minutes parking, Home Bargains, Penrith

songsforpolarbears

Gosh, I hope someone can I help. I just received this parking fine from Parking Eye.
on Friday evening, I drove into Home Bargains car park to shop there but the shop was closed. So I walked the short distance to Aldi and shopped there. 

The letter says I was in the car park for 18 minutes. 

This is so unfair! Please, what should I do?

oh, also, I received the letter today, 21 May, but the letter is dated 12 May and it says the amount will increase to £100 if not paid within 14 days. Which is soon! 

Car1980

A maximum stay car park with a maximum stay of 0 is not a maximum stay car park. 

There is no offer under a prohibitory contract. ("No Parking") does not make an offer. Instead, it forbids parking, so there is nothing for the driver to accept. No Acceptance: Parking in breach of a prohibition cannot constitute acceptance of a contract. A breach of such rules does not create legal agreement.

It then talks about "authorisation". It can't be an overstay and unauthorised simultaneously.

Forget the sum increasing because you're not paying it anyway.

Are you local? Can you get a photo of the sign?

Castle

There's a VRM still showing under "Parking Charge Information".

songsforpolarbears

Thank you so much for replying. 

I live one hour away. I will try and get a photo of the sign. 

I just rang Home Bargains Penrith and they said there was nothing they could do to help 

songsforpolarbears

Phots of the signs Home Bargains, Penrith 

Coupon-mad

Should be winnable at POPLA by pointing out there is no parking contract offered after 8pm. The words NO PARKING offer no contract. Wording to copy at POPLA stage is here:

https://forums.moneysavingexpert.com/discussion/comment/81134174/#Comment_81134174

songsforpolarbears

Thank you. 

I have rang the Penrith branch on Home Bargains and got nowhere (as I said above). 

Since, I have emailed tom.morris@tjmorris.co.uk (the email Google suggested for Home Bargains), as well as support@homebargains.co.uk and the online form for Home Bargains. 

I have read the Newbies thread. It’s rather overwhelming! 

Please can anyone advise if there is anything else to do at this stage? Just a reminder - the fine from Parkingeye goes up to £100 today. 

Thank you everyone, your help is really appreciated. 

Umkomaas

Please can anyone advise if there is anything else to do at this stage? Just a reminder - the fine from Parkingeye goes up to £100 today. 

In order to get to the POPLA appeal stage, where this is winnable, you first need to appeal to PE in order to get their rejection and your POPLA verification code to use. 

Just simply use the initial appeal (the one in blue text) from the NEWBIES FAQ Announcement, first post.  Do not embellish, especially do not try to 'explain' anything in it; PE will straight up refuse it, no matter what you say.  Get it to the POPLA stage and we'll advise further once you've received your code. 

songsforpolarbears

Thank you very much. 

You mean this part, right?

‘Re PCN number: 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.’

I just wanted to check because it does say later on in the thread, in the following post,

‘PARKINGEYE are a little different
If you get a LBCCC direct from ParkingEye (not from DCBLegal on their behalf) email PEye's litigation team with facts / receipts / blue badge / proof of patronage, to try to resolve the dispute:

enforcement@parkingeye.co.uk

Treat the ParkingEye email as your 'last gasp' chance to appeal. Alternatively, they'll accept you naming the driver & postal address (and should reissue the PCN and start again…’

Thank you very much. 

songsforpolarbears

Oh my goodness, guys! 

After emailing Tom.Morris@tjmorris.co.uk I just received this email:

Hi Gavin,

I will have this fine cancelled tomorrow and will confirm that with you once it is cancelled.

With regards to the 18 minutes, after a store has closed and only to stop anti social behaviour in our car parks, which is often an issue once the stores are closed, we reduce the time allowed to 10 minutes. 

I will also check at what time this goes live in this store and adjust accordingly, if required.

I can only apologise for any upset or inconvenience this has caused you 

Sincerely,

Paul 

Coupon-mad

Very good! Plan A strikes again!