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ParkingEye 3 minute overstay
Baxter1664
post Sat, 26 May 2018 - 15:14
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Good afternoon,

I hope everyone is well!

The driver received this PCN today, initially the driver was going to pay it as they know the rules at the gym and had broken them, according to this letter. Anyway they thought they'd have a quick google to see if the 3 minutes overstay was a bit harsh which took them to the BPA site and mentions a 10 minute grace period, not sure if they're entitled to that or not?
They have attempted to attach a copy of the PCN, hopefully it works.

Regarding the signs the driver has never seen them in the car park but they have seen them next to the iPads in the gym which mentions if they intend on being in the gym any longer than 2 hours they should type their car reg into the system, the driver has been going to the gym for a year and a half and not once have they been there for more than 2 hours, they have better things to do..... usually.

Just out of curiosity the driver called the gym to see what time they scanned into the gym and they said it was 12:31 which is 9 minutes after entering the car park (it's a new car and they're picky about where to park it)

The driver be going to the gym tomorrow morning and showing the manager this PCN to see if she can do anything.

The driver said they know the rules at the gym and they're inclined to pay the ticket but if there's a chance to save £60 then obviously they'd rather save it.

Appreciate your time chaps and enjoy the rest of your weekend.

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This post has been edited by Baxter1664: Sun, 27 May 2018 - 05:53
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post Sat, 26 May 2018 - 15:14
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ostell
post Sat, 26 May 2018 - 16:22
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Back page of that PCN please

Edit you post so that the identity of the driver cannot be inferred. Use "the driver........" etc.

What is the actual breach that is alleged?

So if there are no signs in the car park then how can they allege that the driver created a contract?

There is also the matter that the photos are of the car moving and not parked. The paking time is therefore less than the time between the cameras. It all depends on the signage.

You should appeal, get a POPLA code and then play the failure to conform to the BPA code of Practise.

This post has been edited by ostell: Sat, 26 May 2018 - 16:25
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Jlc
post Sat, 26 May 2018 - 19:45
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I can't see why the 10 minute grace doesn't apply.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Umkomaas
post Sat, 26 May 2018 - 20:08
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QUOTE (Jlc @ Sat, 26 May 2018 - 20:45) *
I can't see why the 10 minute grace doesn't apply.

Neither can PE, but they'll chance their arm hoping the PCN recipient isn't up to speed and will roll over and pay them. I'd anticipate a PE cancellation if the grace period point is made robustly in the initial appeal (threatening reporting to BPA if they insist in pursuing in direct contravention of the CoP).
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Baxter1664
post Sun, 27 May 2018 - 06:18
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Genuinely appreciate the replies, thanks!

Attached the back page of PCN as requested.

The driver will be going to the gym later this morning so they said they'll have a look for signage (and get a picture or 2) as they never have done before (they know ignorance isn't an excuse) because they pay £500 a year for membership and upon signing up and on their website it says FREE PARKING.

Once back from the gym they'll update the post.


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This post has been edited by Baxter1664: Sun, 27 May 2018 - 06:20
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ostell
post Sun, 27 May 2018 - 06:55
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OK it looks as though PE are saying that the driver failed to enter the car details at reception, nothing about an overstay. The signs will be crucial.
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Jlc
post Sun, 27 May 2018 - 09:00
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QUOTE (ostell @ Sun, 27 May 2018 - 07:55) *
OK it looks as though PE are saying that the driver failed to enter the car details at reception, nothing about an overstay. The signs will be crucial.

I'm wondering if the process has changed as the driver has been many times before. It is normal to record the registration for every stay - but 'signs' inside could be just as crucial as the outside ones, especially if they state they are required for a >2 hours stay...

Even PE don't issue tickets for just 3 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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Macapaca
post Sun, 27 May 2018 - 09:05
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A similar thing happened to a friend of mine at the gym we are members at. He refused to pay as he could prove that he was a gym member and that he was entitled to free parking. He received hassling letters from PE for about a year but refused to pay. Eventually they just gave up and turned their attentions on somebody else who might be daft enough to pay.

There are appear to be several technical points that can be used if you want to actively challenge rather than ignore it. I certainly wouldn't be paying PE anything!
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Baxter1664
post Sun, 27 May 2018 - 09:25
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So, the pleasant lady at the front desk in the gym took a copy of the letter and said not to worry as the driver is a member the gym will cancel it. She also said they had just cancelled one for 48 seconds overstay.

Regarding the signs, they are there in the car park if you get out of the car and take a little walk to find them, as the few that are there most of them are waist height and can't be seen if a car is parked in front of it. There are a dozen or so posts with nothing on them.... yet and from where the driver prefers to park the car there is no sign in sight from parking up to walking into the gym and the signs in the gym are no more, just an iPad with a picture of a car on which you press then enter your reg.

The driver really appreciated your input and to save this happening again will be inputting their details into the system every time from now on.
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ostell
post Sun, 27 May 2018 - 10:29
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Has the driver got any paperwork to say the charge would be cancelled? Get some if possible, PE have been known to come back later.

The whole point is that the signs should be obvious, you should not have to take a walk to see if you can find one. It would be interesting to see what the signs say, just out of interest.

Why do the gym not operate a white list with PE? Members car details are on a list held by PE who then know not to charge them. The way this is set up currently it's so that PE will prey on little mistakes to get their money.
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Umkomaas
post Sun, 27 May 2018 - 13:47
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What is it with gyms and private parking companies?

For the size of the gym industry, we seem to get a disproportionate number of threads where gym-goers have received PCNs. Clearly happy hunting grounds for the PPCs - like flies around a pile of ****!
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Baxter1664
post Sun, 27 May 2018 - 16:41
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Here's a picture of one of the signs.

Also, no the driver didn't get any paperwork but will chase that on their next visit.

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This post has been edited by Baxter1664: Sun, 27 May 2018 - 16:43
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SchoolRunMum
post Mon, 28 May 2018 - 23:57
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As it is ParkingEye you can see from the PE online portal for appeals, if it is cancelled or not. If not, then appeal as keeper.
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