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ParkingEye PCN - 12min overstay Beehive Cambridge - Now Cancelled
daisymarvel
post Wed, 6 Nov 2019 - 13:06
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Greetings.

The registered keeper has been issued a PCN from ParkingEYE for the car remaining in the car park for 3 hours and 12 minutes, when the maximum stay permitted is 3 hours. The registered keeper is now being asked to pay £85 (or £50).
Yesterday a reminder of the Notice was received.

Some relevant points.
1. There was difficulty getting into and out of the car park in question due to traffic. Especially while leaving the driver had to stop the car several times inside the car park grounds due to traffic on the surrounding streets
2. The car passengers on the date in question made purchases of around £400 from shops for which the ParkingEYE operates the car park.
3. Today is the last day that the lesser amount of £50 can be paid.
4. The original notice and the reminder notice received have some differences in the wording used in a particular sentence.
Original notice: If you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them.
Reminder notice: We would like to remind you that, if you were the driver at the time of the parking event you are required to pay or appeal the parking charge

Some help needed for appealing online. How does the following sound?



QUOTE
Dear Sir or Madam,

Ticket number:
Vehicle registration number:

You issued a parking charge notice on (date) but I believe it was unfairly issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reasons:


• The charge is disproportionate and not a genuine pre-estimate of loss
The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner.

In my case, the £85 or £50 charge you are asking for far exceeds the cost to the landowner, provided that there are offered 3 hours of free parking and taking into consideration that the passengers of the car generated around £400 for companies on the grounds of the shopping centre in question. I therefore feel the amount you are asking for is excessive.

• Mitigating circumstances
On the date in question there was heavy traffic on the public roads around the car park. Especially upon leaving the car park, there were cars stopped inside the private grounds of the car park due to the slow-moving traffic on the roads leading out of it.

If you choose to pursue me, please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully.



Will attach receipts and bank statements.

Thank you all very much in advance.

This post has been edited by southpaw82: Mon, 25 Nov 2019 - 13:54
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post Wed, 6 Nov 2019 - 13:06
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SchenJen
post Wed, 6 Nov 2019 - 13:26
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Members here like a google streetview link please, and if you have any photos of signage that would be helpful.

Apologies I can't help much but if you have these hopefully it will make things easier.

Also please read the NEWBIES thread on the MSE forums (under Parking Tickets, Fines & Parking) while you wait for a response.
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daisymarvel
post Wed, 6 Nov 2019 - 13:35
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QUOTE (SchenJen @ Wed, 6 Nov 2019 - 13:26) *
Members here like a google streetview link please, and if you have any photos of signage that would be helpful.

Google street view link

Don't have any photos of the signage, although they can be seen in the link provided.

Thanks for your response anyway biggrin.gif

The photograph of the vehicle seems to have been captured from the camera shown in the aforementioned google street link. The road that is also shown had heavy traffic.

This post has been edited by daisymarvel: Wed, 6 Nov 2019 - 13:39
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nosferatu1001
post Wed, 6 Nov 2019 - 13:48
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Terrible appeal. Its about 5 years out of date

They failed to allow a grace period at the START - the BPA requires this
Check out their CoP

You will appeal on this basis
Then PE reject
THen you appeal to POPLA and win.
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daisymarvel
post Wed, 6 Nov 2019 - 14:10
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QUOTE (nosferatu1001 @ Wed, 6 Nov 2019 - 13:48) *
Terrible appeal. Its about 5 years out of date

They failed to allow a grace period at the START - the BPA requires this
Check out their CoP

You will appeal on this basis
Then PE reject
THen you appeal to POPLA and win.


Thank for that!
I was using a letter template from a post in moneysavingexpert.com that states Updated 27 August 2019 sad.gif

I had read about BPA grace period but failed to see how to apply it in a free for x hours car park, instead of using that grace period to buy a ticket as usual. That's why I elected to state the traffic situation that was awful.

Should I just focus on that BPA CoP without any other mention of conditions and/or amount of money spent in the shops of the car park?

Thanks for taking the time.

Relevant clauses.
13.2 If the parking location is one where parking is normally
permitted, you must allow the driver a reasonable
grace period in addition to the parking event before
enforcement action is taken. In such instances the grace
period must be a minimum of 10 minutes

13.4 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.
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nosferatu1001
post Wed, 6 Nov 2019 - 14:57
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Thats the main website

ITs terrible
It must NEVER be used and we've told the to remove it as it is costing people.

MSE FORUM -> NEWBIES thread -> read it.

BEcause you have to have a grace period before they startr the clock. How do you know it is a 3 hour stay carpark? through signs. It takes time to find and read those signs. It takes time to get in and find the space, then park, then find the signs... all of that is why there MUST be a grace period.


If you mentiuon £400 PE will maybe ask for proof o spend. That may get it cancelled.
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ostell
post Wed, 6 Nov 2019 - 16:05
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The rear of the original PCN does not mention POFA. This is usually a sign that PE know that they have not met the requirements of POFA. They certianly haven't given the warning to keeper.
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daisymarvel
post Wed, 6 Nov 2019 - 17:12
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QUOTE (ostell @ Wed, 6 Nov 2019 - 16:05) *
The rear of the original PCN does not mention POFA. This is usually a sign that PE know that they have not met the requirements of POFA. They certianly haven't given the warning to keeper.


Would that be something worth mentioning in the first appeal to the actual company, or just at a later POPLA appeal if the first one is rejected?
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nosferatu1001
post Wed, 6 Nov 2019 - 17:25
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Theyve never yet cancelled due to not meeting POFA. Never.
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daisymarvel
post Wed, 6 Nov 2019 - 18:38
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Is something like that better?

QUOTE
Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP in case this appeal is rejected.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

In order to resolve the dispute faster:
a) please find attached receipt of purchased goods in shops of the relevant Shopping Centre during the time period in question. On the material date, purchases were made by the car passengers of around £350. Bank statements can be provided.
b) please take into consideration the fact that on the material date, there was heavy traffic and long queues in and out the private car park that constitutes extraordinary circumstances beyond the driver’s control.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,


This post has been edited by daisymarvel: Wed, 6 Nov 2019 - 19:06
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daisymarvel
post Mon, 25 Nov 2019 - 12:43
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Just an update.

Today I got the reply to the aforementioned PE appeal. They cancelled the PCN and after checking on their site there isn't an outstanding charge anymore.

Thank you for your help!

PS: Could a moderator change the Topic Title by adding "- NOW CANCELLED" ? Thanks in advance.

This post has been edited by daisymarvel: Mon, 25 Nov 2019 - 12:54
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