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Parking Eye says receipt not to landowners's discretionary criteria.

2

Comments

  • Umkomaas
    Umkomaas Posts: 41,324 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Incidentally does the grace period route still get results? Castle put about being 18mins over the 2 hours being within limits, I can see the 10mins allowance for exiting on the BPA Code of Practice but not sure how that combines with any allowance for parking after being 'snapped' on entry.
    As long as you calculate it correctly, 18 minutes can fall within the GP criteria.

    So, the entry photo is just that. It's not a snap of the vehicle parking, that comes after the driver has:

    1. Orientated him/herself with the layout of the car park

    2. Driven around to find a suitable parking space (not every parking space is wide enough if other cars have 'pinched an inch')

    3. Manoeuvred into the space.

    4. Exited the car, walked over to the signs (helpful to build up the minutes if there are signs with differing words on parking, because there's a need to read each to make sure the driver is fully aware of the conditions).

    5. If it's a P&D car park, walked to the ticket machine, read the instructions, purchased the ticket.

    6. Walked back to vehicle, stuck ticket on dash board, locked the vehicle's door

    PARKING HAS NOW JUST COMMENCED!

    The BPA Code of Practice allows a 'reasonable time' for all the actions required prior to 'parking', and can easily consume at least 8 minutes.

    Then build a similar picture for the minimum allowance of 10 minutes to exit the car park.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    they MUSt give suitbale time to park, find signs, read, and decide to accept them.
    This is seperate to the time at the end.
  • AJ16
    AJ16 Posts: 127 Forumite
    redacted%20rejection%20letter.png.html?o=0This is still rumbling on. Wetherspoons confirmed the visit and the purchase, this response was sent to PE but surprise, surprise they said that "..this does not meet the discretionary criteria set by the landowner in this case." Of course they omitted to say what those criteria are!

    We have gone back to Wetherspoons HQ to let them know this and requested that they ask PE to cancel the PCN. Hopefully we should hear back in the next few days, meanwhile in the PE rejection letter on 25 April we were offered a POPLA code, I've attached redacted he letter here, it doesn't give any deadline for making an appeal though so is there a time limit?
    Thanks

    (PS: is there a better way to insert images than Photobucket links as it's overrun by pop ups so I'm wary of using it?)
  • steve1500
    steve1500 Posts: 1,438 Forumite
    First Anniversary Combo Breaker First Post
    In two weeks time don't forget to hit PE / DVLA & since you've now chatted to Weatherspoons with a Subject Access Request.
    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    First Post Combo Breaker
    AJ16 wrote: »
    My son got ticketed at a small open air retail car park on 16th February for being 18mins over the 2hr limit, it was in the evening, the businesses on the park are all national outlets e.g. Lidl, Home Bargains, Travel Lodge & Wetherspoons where he was that evening.

    You write ""..this does not meet the discretionary criteria set by the landowner in this case.""

    Now since the landowner is almost certainly not Wetherspoons, then Wetherspoons may not have the power to cancel. Who is the actual landowner? They would know the discretionary amount. Even the pub might know too.

    Also, why would the criteria be a spend in the pub and not one of the other units? All seems pretty odd to me.

    Seems a dead end to me and you need to use other appeal points.
  • Coupon-mad
    Coupon-mad Posts: 131,349 Forumite
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    POPLA codes last 32 days.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • AJ16
    AJ16 Posts: 127 Forumite
    latest- We got an appeal doc put together, I just went to start a new appeal on POPLA but the code that Parking Eye put on their 25 April letter entered is not valid. Their FAQs say that you get 28 days to appeal and we are within that so it's odd. I guess that we need to call POPLA in the morning.
  • Coupon-mad
    Coupon-mad Posts: 131,349 Forumite
    Name Dropper First Post Photogenic First Anniversary
    No, you can't call POPLA about a code that's invalid.

    What are the middle 4 digits?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Don't count on 18 minutes being accepted as part of the acceptable grace period though. I had 15 minutes declined as acceptable. Best to start with other points mentioned
  • AJ16
    AJ16 Posts: 127 Forumite
    Coupon-mad wrote: »
    No, you can't call POPLA about a code that's invalid.

    What are the middle 4 digits?

    they are 0818
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