Mayflower cruise terminal / parking eye again Options

[Mr Man]

Hi, my first visit here so if I do something wrong, please forgive me.

First off, I have read through the mega-thread on this topic and I believe circumstances are different enough to warrant a separate thread.

The facts: On 8th June we drove down from Yorkshire to Southampton MFC, dropped the rest of the party and luggage at Arrivals and then the driver set off to park the car. It was our first visit to MFC and due to unfamiliarity the driver entered the short stay car park in error. On discovering the error the driver immediately left and went to the long stay car park that we had a contract for. the driver was in the short stay for only 10 minutes. Parking eye's PCN confirms this. Upon arrival back home 2 weeks later Parking eye's PCN was found among the mail as I am the keeper.

At first I ignored it believing that private company's PCN's had no basis in law. Then the reminder arrived so I began to do some research which led me to this website and a whole load of information I had never heard of before such as POPLA and POFA (I know what they are now). I also learned that Parking eye aggressively persue every charge, no matter how trivial. So I would like to pose 4 questions:

1. Have I any hope of escaping this charge?

2. In the sticky on private PCN's it states 1. Ignore them. 2. Appeal via POPLA. but POPLA will not accept an appeal if you don't appeal to Parking eye in the first instance. Am I understanding this correctly?

3. There is a 'grace period' for when a person enters a car park so he can decide whether to accept the contract or not. (I noticed this in the legal papers that Parking eye served on The Engineer. Wasn't even aware of it until then. How long is this grace period? As long as 10 minutes? Is it part of law that all private parking companies have to abide by or can each company set their own limit?

4. Is there anything else I may have overlooked?


Thanks for reading.

This post has been edited by Mr Man: Sat, 13 Jul 2019 - 11:00

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[Redivi]

Edit your post to remove any clue who was driving the car

Mayflower terminal is covered by the Southampton Harbour byelaws which means that ParkingEye cannot recover payment from the registered keeper if it doesn't know who was driving

Is the Long term car park controlled by ParkingEye ?

[bama]

+1

[Mr Man]

Edit your post to remove any clue who was driving the car Done

Mayflower terminal is covered by the Southampton Harbour byelaws which means that ParkingEye cannot recover payment from the registered keeper if it doesn't know who was driving

I'm not gonna lie. In The Engineer's thread he(?) wasn't the driver but eventually had to reveal who the driver was in court. I don't want things to get that far.

Is the Long term car park controlled by ParkingEye ?

No idea. There were several companies doing a meet-n-greet thing. My contract was with one of them.

How's this sound for an appeal to Parking eye?

On 8th June we drove down from N Yorks to Southampton MFC, dropped the rest of the party and luggage at Arrivals and then the driver set off to park the car. It was the driver's first visit to MFC and due to unfamiliarity with the place, entered the short stay car park in error. On discovering the error the driver immediately left and went to the long stay car park that we had a contract for. The driver was in the short stay for only 10 minutes. Parking eye's PCN confirms this.
There is a 'grace period' for when a person enters a car park so they can decide whether to accept the contract or not. Parking eye operates this too. As the driver was only there for 10 minutes and in fact exited the short stay at the driver's earliest opportunity, the grace period excuses the driver from a parking charge.

This post has been edited by Mr Man: Tue, 9 Jul 2019 - 00:21

[The Rookie]

On 8th June we drove down from N Yorks to Southampton MFC, dropped the rest of the party and luggage at Arrivals and then the driver set off to park the car. It was the driver's first visit to MFC and due to unfamiliarity with the place, entered the short stay car park in error.

Not relevant Just state that when looking for the long term car park the driver entered the short stay, and that after checking the terms and conditions realised they were in the wrong car park

The driver was in the short stay for only 10 minutes. Parking eye's PCN confirms this.
There is a 'grace period' for when a person enters a car park so they can decide whether to accept the contract or not. Parking eye operates this too. As the driver was only there for 10 minutes and in fact exited the short stay at the driver's earliest opportunity, the grace period excuses the driver from a parking charge.

Your appealing, not telling a story.... how about

Having realised the error the driver left, there was no desire or intention to enter into a contract with parking eye (the long term car park was pre-booked) and no consideration was received, the time taken falls within the spirit of that defined in the BPA's AOS CoP in that it was the time taken to read the terms and conditions, decide not to use the facility and then leave.

You also need to add
As the location in question, as you'll be aware, is subject to byelaws, there can be no keeper liability as PoFA 2012 does not apply. For the avoidance of doubt I will not be naming the driver.

Please confirm the PCN is cancelled or provide a POPLA code so we can let them cancel it for you.

Regards

Mr Man

[cabbyman]

+1

[ostell]

Go through your first post again and remove any reference to the possible identity of the driver. If PE read the thread they will go after the driver and no defence

[Mr Man]

PE appeal: second draft. How's this?

This was the first ever visit to MCT so when looking for the long term car park the driver unfortunately entered the short stay, and after checking the terms and conditions realised they were in the wrong car park. Having realised the error the driver left, there was no desire or intention to enter into a contract with parking eye (the long term car park was pre-booked) and no consideration was received, the time taken falls within the spirit of that defined in the BPA's AOS CoP in that it was the time taken to read the terms and conditions, decide not to use the facility and then leave.

As the location in question, as you'll be aware, is subject to byelaws, there can be no keeper liability as PoFA 2012 does not apply. For the avoidance of doubt I will not be naming the driver.

Please confirm the PCN is cancelled or provide a POPLA code so we can let them cancel it for you.

Regards

This post has been edited by Mr Man: Wed, 10 Jul 2019 - 17:34

[bobthesod]

OP have a good look at your original post... there is a very good clue who the driver was Dont snatch defeat from the jaws of victory

CLUE it is all to do with disputing.........

Hope that helps

[Mr Man]

Thanks Bob, Thought I'd removed all details but I missed that bit.

Second draft ok? I'm running out of time to get my appeal in.

[bobthesod]

OP

As the 'office junior' on here your letter in post 8 looks OK. see if Rookie or cabbyman add or delete anything before sending it off

Post in and get a certificate of posting at Post Office...Do not send recorded or registered as they can refuse it

Remember PE just want their money, so expect a refusal and a POPLA reference

Whatever happens come back on this thread and give us an update

[Mr Man]

Will do.

[Mr Man]

On entering the appeal online, I was invited to supply any further info relevant to the case. "Good idea" I thought, "I'll supply the long stay booking confirmation email, thus proving it was paid for and that we were not intent on getting free parking. Upon re-reading it I noticed that it directed us to the short stay, not the long stay that was actually where the red flag was.

The day you depart from the port
Drive to your ship terminal to unload your luggage and drop off any extra passengers. Then drive to the Short Stay car park, which will be clearly signposted, and keep an eye out for a large red flag. This will lead you to the Parking for Cruise Ships driver who will collect your car and take it to their secured compound.

No wonder the driver entered the wrong car park.

The appeal will now have to be altered to take this into account. PE appeal: third draft. It should now read ...



This was the first ever visit to MCT so when looking to park up the driver unfortunately entered the short stay car park as directed by Holiday Extras, the meet and greet company we were booked in with. (See attached evidence under the heading The day you depart from the port. After checking the terms and conditions and noticing that the red flag was in a nearby park, realised it was the wrong car park. Having realised the error the driver left, there was no desire or intention to enter into a contract with parking eye (the long term car park was pre-booked) and no consideration was received, the time taken falls within the spirit of that defined in the BPA's AOS CoP in that it was the time taken to read the terms and conditions, decide not to use the facility and then leave.

As the location in question, as you'll be aware, is subject to byelaws, there can be no keeper liability as PoFA 2012 does not apply. For the avoidance of doubt I will not be naming the driver.

Please confirm the PCN is cancelled or provide a POPLA code so we can let them cancel it for you.


*This could all have been avoided if we'd been given right directions*

[Mr Man]

An added complication and one that is my fault. When I submitted my appeal online They ask for your email address. I typed it in but I missed a dot out. Only realised it days later. This means that they cannot contact me, not even to let me know my appeal has been received. I tried to contact PE to rectify it but there is no way to contact them on their website other than an automated payment phone number. I had no option other than opening another appeal portal in an attempt to explain the matter. What I wrote appears below.



This is not an appeal. I have already submitted an appeal to this parking charge. It will be in your files.
However, when I did so an errror was made in my email address.
I entered my email address on the appeal as xxxxxx@sky.com. It should be x.xxxxx@sky.com.
Just a stray dot, but to my distress and your shame there is no other way to contact you to rectify it other than going through the appeal system again.

Please make sure that the correct email address is attached to my appeal.





Anybody else been in this or a similar situation? Will they append this correction to the appeal? My fear is that because their system seems to be all automated, PE will delete my appeal because the email address doesn't exist and delete the correction because it is not an appeal. There's no way I can talk to an actual human to explain what happened.

This post has been edited by Mr Man: Fri, 19 Jul 2019 - 13:46

[Mr Man]

Got an automated acceptance of the second message.

[Mr Man]

Update 23:09:19

Received a final notice parkingeye dated 17:09. It reads: "We note that the parking charge detailed above remains outstanding and that it has been brought to your attention that your initial appeal was unsuccessful. You were then given 28 days to further appeal to POPLA, however this period has now passed and you have not completed a further appeal."
There then follows a paragraph saying payment is required to prevent further action followed by a paragraph about the supreme court upholding their Beavis appeal.

I am dismayed and appalled in equal measure because I have not received any such notice. This is the first and only communication from parkingeye since the original parking charge demand back in June. Even if they cannot email me due to the error described in previous posts, they still have my postal address.

So, what now? Lost cause? If I write a letter to their PO box address, will they even read it? Any chance of still referring the appeal to POPLA?

[Mr Man]

Dear Sir/Madam,

We refer to the parking charge incurred on 8 June 2019 at Mayflower terminal, Southampton.

We can confirm that this parking charge has now been cancelled and no outstanding payment is due.

kind regards

Parking eye team.


Result!