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11 mins in an underground car park ParkingEye
lyfu
post Thu, 12 Jul 2018 - 13:34
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https://i.imgur.com/APZgrqA.jpg

This is the letter i received a few days ago. Its ridiculous that they want me to pay £60 for 11 mins, I'm not in a position to just give this money away so here I am asking you guys for advice.

Could the driver say that he/she was just passing through the car park? Its a car park in Leicester st Georges tower. ParkingEye only recently were hired there. It says at the back of the letter that they have signs at the entrance and throughout the car park, and that the driver was supposed to use a terminal to register my car. https://i.imgur.com/UW71KSG.jpg

The driver has until the 19th of July to pay the £60 and then it goes to £100. dry.gif

This post has been edited by lyfu: Fri, 13 Jul 2018 - 19:27
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post Thu, 12 Jul 2018 - 13:34
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Jlc
post Thu, 12 Jul 2018 - 13:38
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Need to see the back of the PCN too.

You can say what you like (11 mins is a long time 'passing through') but they'll reject.

Annoying as the grace period will be 10 minutes.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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lyfu
post Thu, 12 Jul 2018 - 13:40
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QUOTE (Jlc @ Thu, 12 Jul 2018 - 14:38) *
Need to see the back of the PCN too.

You can say what you like (11 mins is a long time 'passing through') but they'll reject.

Annoying as the grace period will be 10 minutes.


https://i.imgur.com/UW71KSG.jpg
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kommando
post Thu, 12 Jul 2018 - 15:24
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What was the date of the incident and the issue date of the PCN and date it actually arrived through the letterbox.

The BPA grace period is 10 mins and you were 1 min over so if this does get to court it will fail on de minimis , a trivial matter the law does not get involved with. PE know this but will try it on in order to get the money.
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lyfu
post Thu, 12 Jul 2018 - 15:36
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QUOTE (kommando @ Thu, 12 Jul 2018 - 16:24) *
What was the date of the incident and the issue date of the PCN and date it actually arrived through the letterbox.

The BPA grace period is 10 mins and you were 1 min over so if this does get to court it will fail on de minimis , a trivial matter the law does not get involved with. PE know this but will try it on in order to get the money.


xxx nvm

This post has been edited by lyfu: Thu, 12 Jul 2018 - 16:14
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kommando
post Thu, 12 Jul 2018 - 15:45
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If you answer the questions then an appeal may work but no answers no advice.

And stop identifying the driver, refer to them only as the driver so edit your previous posts, the keeper got the PCN, the driver parked.

PE will not cancel based on language.
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Dave65
post Thu, 12 Jul 2018 - 15:50
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Get editing as told and remove all that may ID who drove, "the driver" always
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lyfu
post Thu, 12 Jul 2018 - 16:13
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QUOTE (kommando @ Thu, 12 Jul 2018 - 16:45) *
If you answer the questions then an appeal may work but no answers no advice.

And stop identifying the driver, refer to them only as the driver so edit your previous posts, the keeper got the PCN, the driver parked.

PE will not cancel based on language.


Oh ****, sorry. The letter came on the 07/07/2018

incident was 29/06/2018

date issued 05/07/2018
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kommando
post Thu, 12 Jul 2018 - 16:43
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They had 14 days to get the NTK to the keeper, they have met that.
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Redivi
post Thu, 12 Jul 2018 - 16:52
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Could the driver say that he/she was just passing through the car park? sounds like an invention that can bite you if ParkingEye recognises the case

Why was the car there for eleven minutes and left without registration ?

Couldn't find a space ?
Exit blocked ?
Driver collecting a resident who wasn't ready ?
Discovered in wrong car park
Etc
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lyfu
post Fri, 13 Jul 2018 - 14:45
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QUOTE (Redivi @ Thu, 12 Jul 2018 - 17:52) *
Could the driver say that he/she was just passing through the car park? sounds like an invention that can bite you if ParkingEye recognises the case

Why was the car there for eleven minutes and left without registration ?

Couldn't find a space ?
Exit blocked ?
Driver collecting a resident who wasn't ready ?
Discovered in wrong car park
Etc


The carpark rarely has any spaces and its hard to find one. Could I possibly say that the driver had to look for a parking space and then read the terms and conditions which took a few mins extra than usual.
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Jlc
post Fri, 13 Jul 2018 - 14:50
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As I said earlier, you can say what you like. But the truth is anything you say will be rejected.

How about actually answering the question posed?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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lyfu
post Fri, 13 Jul 2018 - 18:59
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QUOTE (Jlc @ Fri, 13 Jul 2018 - 15:50) *
As I said earlier, you can say what you like. But the truth is anything you say will be rejected.

How about actually answering the question posed?


i don't understand, what question?
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Jlc
post Fri, 13 Jul 2018 - 19:10
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Post #10 - what happened...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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lyfu
post Fri, 13 Jul 2018 - 19:50
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QUOTE (Jlc @ Fri, 13 Jul 2018 - 20:10) *
Post #10 - what happened...


Ok so "the driver" drives into the privately owned off-road underground car park which has a very narrow lanes, its pretty much impossible to read the contract at the entrance because someone might be behind you so you cant hold up the traffic.
You have to go in the car park and to get out you need to drive all the way around the car park.

The car park has different sections. For puregym, premier inn and other offices. The driver went to the PureGym section

I got the PCN because the driver failed to enter the vehicle registration via the terminal

I don't know what else to tell you.
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kommando
post Sat, 14 Jul 2018 - 09:11
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You appeal as keeper on 2 main points.

1. That 11mins is De minimis as it is 1 min over the BPA grace period of 10 mins

QUOTE
De minimis is a Latin expression meaning "about minimal things", normally in the locutions de minimis non curat praetor ("The praetor does not concern himself with trifles") or de minimis non curat lex ("The law does not concern itself with trifles") a legal doctrine by which a court refuses to consider trifling matters.[1][2]


2. The driver was disadvantaged by the tight layout of the car park, the multiple sections needed to be understood and navigated around and the full car park needed to be navigated before exiting.

They will reject, but with the rejection will come a POPLA code for a second appeal at POPLA which will be a lottery.

The main purpose of the First appeal is to put PE on notice that you understand that a 1 min overstay if used as the basis of a claim will likely be dismissed by the judge as trivial, they already know this.

They will back down eventually but there is no magic bullet or wording that will get you then straight away, the clues as to which way they plan to go will be given by the type of letter after a POPLA rejection.
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