IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Tower Road Newquay PCN

Options
2

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you dont need the ticket, just assume their timings are correct, it still is within the two grace periods, nothing more to be said really , but I did link you to a blue text addon

    your situation is very , very common , its certainly not "new"
  • Pachamama
    Pachamama Posts: 10 Forumite
    edited 19 July 2017 at 4:58PM
    Hi again,
    Well I submitted the appeal to Private Eye (using blue text and grace period clause add on) and was surprised to receive a rejection just two days later. I say surprised not only for swift rejection but also because when I went to their website I looked at their 'evidence' and it shows that we paid for 4 hours - the letter didn't state any basis of fine. Upon seeing that there was evidence of our ticket purchase and given that the total stay was 4 hours 11 minutes I felt certain they wouldn't reject appeal. I mean it's clear that they haven't abided by the grace period clause....unless they think a maximum of one minute counts as a reasonable time to park and purchase a ticket from entering the car park!!! So, now, much to my dismay, I'll have to go through Popla. My time is incredibly limited at the moment, so this is very, very annoying. Anyway, I was wondering, do you think I could just offer the grace period clause in my appeal as this is where I am most likely to win it, or do you think I should still include the other arguments?

    Thanks in advance for any advice!
  • Coupon-mad
    Coupon-mad Posts: 151,088 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would search the forum for 'ParkingEye Tower Road POPLA eleven minutes' and change the default search to 'show posts' (i.e. people's POPLA appeals, in most cases) rather than show threads. You should find some 2017 very relevant Tower Road ones to copy.

    Not just on one point.

    You will win if you copy a recent one, you are not alone in being scammed this way.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    we are not surprised, in fact the NEWBIES sticky thread does tell people that the likely outcome is a popla code

    and its PARKING EYE , not private eye (that is a magazine edited and run by Ian Hislop)

    do as CM says above, find a 2017 example and adapt it
  • Umkomaas
    Umkomaas Posts: 43,254 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You need to use the template POPLA appeal points from the NEWBIES FAQ sticky, post #3, as the backbone of your appeal.

    On a very cursory skim-read, you are largely 'telling your story'. It will not wash with POPLA. You must challenge the charge on legal and technical grounds. That's why post #3 templates have been written, and ready for use, where relevant.
    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
  • Hi there,

    Just an update to say Popla appeal was successful. Thanks for all advice given!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    please post a copy of the popla appeal and a copy of the popla decision too , suitably redacted of course

    and well done
  • Coupon-mad
    Coupon-mad Posts: 151,088 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well done for taking that leap of faith with us; another one bites the dust!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,254 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please let us know on what basis the POPLA assessor reached the decision to uphold your appeal.

    With so many of these Tower Road cases popping up each week, with motorists going through the same pain as you have experienced until this decision, having the latest intelligence on what is beating PE at POPLA will help us to help so many more.

    Good win. :T
    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
  • Hi, the assessment isn't too long so I've just copied it all, hope this helps. Thanks again all.

    Assessor summary of operator case
    The operator has issued the Parking Charge Notice (PCN) as the appellant failed to purchase sufficient parking time.

    Assessor summary of your case
    The appellant has raised numerous grounds for appeal as follows: • The operator has not provided a grace period in line with the British Parking Association (BPA) Code of Practice • The signage at the site is inadequate as it does not advise that the parking period commences on entry to the site. The appellant advises that they took time at the start of the parking period to review the signage and purchase the appropriate tariff, and explains that they were delayed leaving the site due to traffic. The appellant has provided evidence to support his appeal.

    Assessor supporting rational for decision
    The operator has provided photographic evidence of the appellant’s vehicle, entering the car park at 11:53, and exiting at 16:05, totalling a stay of four hours and 11 minutes. The appellant has raised concern with the signage, explaining that it does not indicate that parking time starts upon entry to the site. In relation to grace periods, Section 13.2 of the British Parking Association (BPA) Code of Practice explains that: “You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission, you should still allow them a grace period to read your signs and leave before you take enforcement action.” The operator has provided evidence of the payment made by the appellant, showing that the ticket was purchased at 11:59. I consider six minutes a reasonable period in which to park the vehicle, review the signage, and make a payment to entitle them to park. In relation to grace periods when leaving the car park, Section 13.4 of the BPA Code of Practice states that “You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.” The payment made by the appellant indicates their permitted time expired at 15:59. The appellant left the car park at 16:05, six minutes after. As this does not exceed the minimum ten minutes required at the end of the parking contract, I consider that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.7K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.4K Spending & Discounts
  • 243.7K Work, Benefits & Business
  • 598.5K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 256.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.