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Parking Eye - paid parking ticket wrong machine

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hi,

new to this forum. I got a ticket for parking in a private car park. Problem was that it is adjoining a council car park and me being new to the area i assumed the council parking ticket machine applies to the parking bays that i parked in that were designated as private parking.

Can i appeal this on the grounds that the signage was not clear and obvious to me. i went to the coffee shop near this parking bay on 2 separate saturday mornings and now i have 2 parking tickets issued by the camera.

When parking for the first time, One motorist told me i cant park there and i would get a ticket then another motorist said the private parking i.e. permit holders only is monday to friday only so i can part there on a saturday. There is a council car park right next to this one and that had a ticket machine where you put your car reg and get the 1st 30mins free. As there was no ticket machine in the private car park i parked in i assumed the council machine was the one to obtain the ticket from, and this is what i did on 2 occassions. unfortunately the camera has issued me 2 tickets for 2 separate saturdays.

Do i have grounds to appeal?

Now after seeing the correct sign it was written that you have to pay by phone 50p for the 1st 30mins parking in this private car park.

Thanks, Bob
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  • KeithP
    KeithP Posts: 37,655 Forumite
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    Send the already written for you blue text appeal that you will find in post #1 of the NEWBIES FAQ sticky thread.

    Send it unchanged - no additions or alterations necessary.

    Send it as the keeper.

    Send it twice - once for each alleged transgression.
  • bobgroups
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    thanks - about to do the appeal with the blue text mentioned. appeal page has a drop down selection "please select the reason for your appeal" - options here include "I was customer on site, I was visitor on site, I paid for parking, I was not driver of the vehicle, and Other"


    Do I choose Other ??? thanks
  • KeithP
    KeithP Posts: 37,655 Forumite
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    bobgroups wrote: »
    thanks - about to do the appeal with the blue text mentioned. appeal page has a drop down selection "please select the reason for your appeal" - options here include "I was customer on site, I was visitor on site, I paid for parking, I was not driver of the vehicle, and Other"


    Do I choose Other ??? thanks
    Choose other.
  • bobgroups
    bobgroups Posts: 53 Forumite
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    hi Keith, need some help please....I submitted both appeals on 12th Dec. here's what i got back

    1. Initial result of appeal for parking transgression dated 24th Nov 2018 is as follows:

    "We are writing to advise you that your recent appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure. This is because you have not
    provided sufficient evidence to show that you did not break the terms and conditions on the signage. We are fully compliant with British Parking Association regulations on signage, and confirm that there is adequate signage at this site that is visible, appropriately located, clear
    and legible"

    They have given a POPLA code and i can appeal to POPLA or pay at reduced rate

    Could you advise what i do next and how i appeal to Popla - thanks. (I do have a receipt I can scan of the machine ticket I got at the time. It was from the machine of the wrong car park, i..e te adjacent car park and that ticket has my car reg no)

    2. Initial result of appeal for parking transgression dated 24th Nov 2018 is as follows:

    "We are writing to advise you that your recent appeal has been placed on hold whilst we await further information. You have stated that you were not the driver of the vehicle at the date and time of the
    breach of the terms and conditions of the car park, but you have not indicated who was. ParkingEye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well
    be rejected and a POPLA code provided."

    Do I just wait for the POPLA code?

    I used the same appeal template for both alleged transgressions.

    Many Thanks
  • KeithP
    KeithP Posts: 37,655 Forumite
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    For the first one - where they have rejected your appeal - you need to prepare a PoPLA appeal. There is good guidance on how you might go about that in post #3 of the NEWBIES FAQ sticky thread that I gave you a link to earlier.

    For the second one - where they are fishing for the driver's id - ignore it an wait aptently for the rejection letter and PoPLA code. Then proceed as above.

    You need to appeal each PCN separately but if the circumstances are essentially the same, then the substance of each appeal can of course be identical.
  • bobgroups
    bobgroups Posts: 53 Forumite
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    edited 5 February 2019 at 10:18AM
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    hi Keith, Need some help please. I stupidly missed the 28 day popla deadline. had some personal emergencies at home and at my job to contend with and my hands up i missed appealing to popla for the first alleged transgression. I have not got rejection and popla code for 2nd alleged transgression....

    I'm reading the newbies faq sticky thread...

    1. Can i just name the driver and reset the appeal and me get a new popla code...

    2. Worst case should i just pay this ticket now? Don't really want to as it's unfair, my bad i completed missed appealing to popla within 28 days of 28 December.

    3. Should I write to landowner ? I considered writing to the landowner but a google search shows it's used by a school. It's a weird one where this primary academy school bought the pub, renovated it and used the pub hall as a canteen for the primary kids at lunchtime. Kids are taken by a minibus from school to this renovated pub, yet i get my ticket on a weekend. Anyway point was I don't know if it's worth writing to this school now to cancel my tickets as they are not commercial premises as in a shop or hotel that would not want bad publicity....

    Appreciate your feedback on what i can do one of of my PCN that i stupidly missed popla 28 day.

    Thanks
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    First Anniversary Name Dropper First Post
    edited 5 February 2019 at 3:51AM
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    I really don't think you're going to get a new POPLA code for the first one, whatever you do. Options are a) pay, b) wait for debt collectors' letters, keep them but do not reply to them. Do nothing until and unless you get a Letter Before Claim, c) landowner complaint (which needs to be done ASAP).

    Re. c), ask the school who actually owns the land in case what you've read so far about it is misleading.

    Wait for the inevitable rejection and POPLA code for the second one, then construct a POPLA appeal.

    You seriously need to edit all your posts to conceal the identity of the driver. The parking companies lurk here.
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
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    I am defending a claim which involves a shared car park (only part of the issue). I understand how difficult it can be if you are not familiar with the car park. You need to take photographs of the car park that illustrates the issue. Take them in the day at the busiest time when there are vans etc. parked. The parking companies take their photo's that they use in cases when the car park is deserted and it does not give a true picture.

    Take photo's of the signs and obtain an image of the sign in the Beavis case. You will find an image by googling. Compare the signs on the car park in question with the Beavis sign.

    Nolite te bast--des carborundorum.
  • bobgroups
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    "Re. c), ask the school who actually owns the land in case what you've read so far about it is misleading. "

    I rang the school and got directed to the Facilities manager. School owns the land and have the contract with parking eye to manage parking. I asked the facilities mgr if i can put a letter in to the school about my tickets. She did not want to entertain and said i have to communicate with parking eye only. She even said the signage is clear. I mentioned that i noticed that there are more signs put up since i got the ticket. She did not agree with that. I am convinced more signs got put up practically one in each of the parking bays sometime between pcn and early January. Is there any way i can verify if and when more signs got put up? if anyone knows. Being not a local i am relying on the photos i got the week after i got the pcn and looking around the same place in early Jan and i am sure i noticed more signs.
  • bobgroups
    bobgroups Posts: 53 Forumite
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    hi,

    Is there any way of knowing if the parking company put more signs up and when they did this? I'm now at county court claim form stage so preparing a defence. Thanks
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