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PCN Britannia, Bloom Street, Manchester - ParkingEye
solo2011
post Wed, 9 Jan 2019 - 22:13
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In a nutshell, we accessed this open air car park for 10 minutes so that my pregnant partner could use the toilet facilities at a near by hotel which was opposite the car park. There was nowhere else suitable we could have stopped. We have been issued with a pay now £60 charge, or £100 after 14 days have expired.

I have no issues with paying them 10 minutes worth of car park fees but i feel £60 is way over the top. I did not even know this sort of big brother car park system existed till i opened this letter.

Where do i go from here? Direct appeal with ParkingEye followed by POPLA should that fail? Forgive me for my lack of knowledge or if I am going over old ground. Advice is all I am after.

Cheers

This post has been edited by solo2011: Thu, 10 Jan 2019 - 19:47
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post Wed, 9 Jan 2019 - 22:13
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ostell
post Wed, 9 Jan 2019 - 22:42
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First thing is you edit so that the identity of the driver cannot be inferred. Use "the driver....."etc.
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Ollyfrog
post Wed, 9 Jan 2019 - 22:48
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Can you post up the redacted NtK that you received?

You'll have quite a few arguments here - not least of which I'm pretty certain a pregnant woman will be covered under the Equality Act 2010, but others will advise. Don't be in any rush - give it a couple of days for the experts to bob in with their sound advice.
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Dave65
post Wed, 9 Jan 2019 - 22:52
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Was this a ANPR Parking ticket?
You would have 10 minutes grace period to read the signage then leave.
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solo2011
post Thu, 10 Jan 2019 - 19:45
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nosferatu1001
post Fri, 11 Jan 2019 - 08:02
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Fully covered by grace periods
Does the back contain the POFA requirements?

Simple appela to them - you have issued this for a total time between cameras, which is not the total time parked, of 10 minutes (by their own paperwork)
as this squarely falls inside the expected grace period to drive, find a space, park, find signs, determine if the driver wants to be bound by them and then leave, a sequence that is longer than leaving the car park at the end which is at least ten minutes, you have accessed my details without reaosnable cause as defeindd in the DPA2018. I will not take further action against you as long as the charge notice is cancelled

If you vexatiously reject this, knowing you have no claim against the keeper as you have falied to follow the strict requirements of your AoS code of practice that *requires* a reaosnable grace period, you lay yourslef open to damages for the initial and ongoing breach in accessing and processing my data, and harassment. You will also be liable for my costs in appealing a case to POPLA you know will be accepted by them, and is thereofre a waste of both our times. htis I will claim at the rate of £19 per hour, as is reasonable. This is not the offer of a contract, but a warning of the consequences of your usual approach of rejecting all appeals.
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solo2011
post Fri, 11 Jan 2019 - 21:49
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Thanks for the reply and the info, greatly appreciated.

Yeah the back of the letter has a section on Protection of Freedoms Act along with sections on Appeals/Complaints procedure and Privacy Information
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SchoolRunMum
post Fri, 11 Jan 2019 - 22:48
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ParkingEye must be getting more desperate, or have realised that the great British public are so naive and deluded about 'parking tickets' that some will pay anything for a discount. Quite shocking really.

I've never seen them issue a 10 minute PCN before (only 11 mins and more). They know that 10 mins is reasonable and covered by the BPA Grace period rule.

I'd be tempted to send that to Steve Clark and ask if he knows PE have forgotten about the 10 minute grace period rule:

steve.c@britishparking.co.uk

I'd like to see him try to defend that one.

This post has been edited by SchoolRunMum: Fri, 11 Jan 2019 - 22:49
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solo2011
post Sat, 12 Jan 2019 - 21:09
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So would you send the same latter of defence that i am composing to send to parking eye to Steve Clark as well?
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SchoolRunMum
post Sat, 12 Jan 2019 - 23:16
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No. A complaint.

And you are not sending PE a 'letter' nor a 'defence'.
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solo2011
post Wed, 16 Jan 2019 - 12:22
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So we have come up with the following letter of appeal/complaint if people can offer their opinions it would greatly be appreciated.





I was recently issued with a parking ticket for allegedly parking at Britannia Bloom Street, Manchester on 30/12/2018. I believe this ticket has been unfairly issued and there are mitigating circumstances to explain why the driver parked the vehicle where they did and I appeal based on the following reasons:

1) The car park was not clearly signposted on entry as to the fact you are using ANPR cameras, nor was the minimum grace period clearly visible.

2) There was a person in the car the whole time the car was in the car park who could have moved the vehicle should they have needed to

3) I, being 18 weeks pregnant at the time of the incident needed to use the facilities of the nearest place I could find which was a hotel directly opposite the car park.

4) I was gone from the vehicle for 10 minutes, the minimum grace period advised to all registered car parks governed by the BPA.

5) £60 fine for 10 minutes is a ridiculous fine and not reasonable

I have enclosed a copy of my NHS maternity exemption certificate to confirm my pregnancy.

I look forward to hearing from you regarding this unfairly issued parking ticket and that the fine will no longer need to be paid.



any opinions or suggestions will be greatly appreciated!

Cheers

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ostell
post Wed, 16 Jan 2019 - 12:32
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I think there would be an Equality Act 2010 requirement to make additional allowances.
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