100 pound Parking Eye PCN at Ilford Retail Park

jmoh · 21 February 2018 at 10:36PM

Hello Friends,

I received a ParkingEye PCN for overstaying at Ilford Retail Park.

Parking Charge Reference
073xxx/61xxxx
Vehicle Registration Number
xxxxxxx
Contravention Date/Time
28/01/2018 15:50:07
Contravention Location
Ilford Retail Park
Location Address
261 - 275 High Road, Ilford, Essex, IG1 1NF
Stay Duration
3 hours 12 minutes
Allowed Duration
2 hours 0 minutes
Paid Duration
3 hours 0 minutes (£1.70)

The camera captured me entering at 12:37pm, after which it took me about 10 mins to find a parking spot as it was exceptionally busy. As the parking machines accept only coins, and I didn't have change, I stepped into LIDL to buy something quick in cash and get some change, which took me about 12-14 mins (have not retained the receipt of purchase).

I purchased the parking ticket at 12:54 valid for 3 hrs (paid 1.70, have retained the parking ticket). I promptly exited the car park at 15:50, 4 mins before my parking expiry time.

I appealed to ParkingEye, but they have responded saying appeal has been unsuccessful saying "Our records show that insufficient time was paid for on the date of the parking event".

The Ilford Retail park says 2 hours free parking, and I paid for 3 hrs.

Why does "Allowed Duration say 2 hours 0 minutes" in my PCN, when its 2 hours free parking?

I am thoroughly confused. Can somebody please help here?

Thanks
jmoh

Coupon-mad · 21 February 2018 at 10:57PM

Stay Duration
3 hours 12 minutes
Allowed Duration
2 hours 0 minutes
Paid Duration
3 hours 0 minutes (£1.70)

LOL, that's a mistake. Stupid eejits!

But you win this like everyone else does, by reading other 'POPLA Ilford no grace periods' threads by searching for those words using the forum search function (NOT searching MSE as a whole!). If not enough results, try removing 'Ilford' from the search.

We assume you've already read the NEWBIES thread and have got the POPLA templates. No link to the NEWBIES thread, see below, it's two clicks back.

A POPLA appeal going strong on BPA grace periods and why it took a while to find a space and park up before getting to the machine, then why it took a while to drive out (main road?) wins it. Use all the usual points from post #3 of the sticky thread as well, though, as belt & braces to catch you if you appeal point #1 about Grace Periods falls.

Clearly your car didn't teleport you into the space and produce the P&D ticket in seconds! PE say the clock starts when the car crosses the threshold but the signs do NOT tell you that, and the very suggestion is ludicrous when (after parking) a P&D receipt is produced by a machine, giving a driver an entirely DIFFERENT message about allowed parking time.

You must be allowed time to drive in, find a space, then lock the car and read the signs, and find the P&D machine, queue up and pay.

Thornton v Shoe Lane Parking at the Court of Appeal, established among other things, that a fee-paying parking contract starts when the money goes into the machine and the driver is entitled to rely upon the terms (e.g. the time!) printed out on the receipt/P&D ticket or displayed prominently at the entrance/at the machine. The money transfer being the point of sale = start of contract.

Then you MUST be allowed at least ten minutes after paid-for time, to leave, as you will read in the BPA Code of Practice.

jmoh · 23 February 2018 at 10:23AM

Thank you Coupon-mad.

The_Deep · 23 February 2018 at 10:29AM

[FONT=Times New Roman, serif]You have been scammed. This is an entirely unregulated industry which is ripping off the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

jmoh · 24 April 2018 at 10:00PM

Hi, just an update:

My initial appeal to ParkingEye was unsuccessful, but my successive appeal to POPLA was successful based on the grounds of grace period.

Thank you for your help on this thread, team!

Coupon-mad · 24 April 2018 at 10:02PM

Good stuff!

Thanks for the update, can you copy the decision into 'POPLA Decisions' and state that it was ParkingEye and give a link back to this thread?

100 pound Parking Eye PCN at Ilford Retail Park

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