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Blue Straggler
Hi, sorry if this one has been done to death but a search surprisingly didn't turn much up. I'll try to keep this concise

31 May, [the driver] went to the Odeon at Leicester Freemans Common, to watch the Roger Moore James Bond double bill.
[the driver] was flustered and needed the toilet as [the driver] parked up, and just ran into the cinema to find the toilet.
The last time [the driver] went to this cinema there were no parking charges, at least not after 6pm (and this was after 6pm) - it is a slightly out of town "leisure park", most of these places don't charge.
You are supposed to key in your car registration into a machine in the cinema foyer. [the driver] was unaware of this, being distracted by going to the toilet.
As this was a double bill of Bond films with an intermission, [the driver] was there for 5 hours.
[the driver] has now received a "parking charge" from Parking Eye. [the driver] is aware that this is an invoice and not a fine, and [the driver] is aware that [the driver] should not ignore it.
[the driver] has proof that [the driver] was at the cinema- [the driver] has an email to me which is my cinema ticket booking, it is obvious that the times match the entry and exit times of the car.

[the driver] will contact Parking Eye with this evidence in the hope that they will see sense and waive the charge, as it is unreasonably high and [the driver] was using the car park legitimately.

My first question to the forum is:
what approach does [the driver] take?

I've read that you don't outright say that you are APPEALING, but rather that you have no intention of paying.
I've read that there is little merit in claiming poor signage
I've read that some duty managers offer to back you up but that their word is in fact worth nothing to Parking Eye
I've read that you should go in all guns blazing
I've on the other hand read that you go in "polite but firm"

My second question to the forum is:
When [the driver] contacts Parking Eye (via their web form and by post with hard copy printouts of my cinema attendance etc), does this "pause" the period during which [the driver] can pay the "discounted" fine in case they reject [the driver]'s refusal to pay? With council tickets, this is or used to be the case.

My third question to the forum is:
At what point should [the driver] mention POPLA, and what does [the driver] say about them? I am new to this and have just been rush-reading a lot of stuff at work, and POPLA came up a lot.

Many thanks
Blue
The Rookie
FIRST contact the cinema and explain, show your receipt and ask them to cancel for you.

POPLA can only be contacted after PE have rejected your appeal and provided the appeal code, if you don't 'appeal' they don't have to send an appeal rejection so you get no POPLA code so that is really BAD advice.

Poor signage should be in EVERY appeal both for visibility and content. Not sure where you've read all that horse excrement?

Edit your post immediately to remove any suggestion of driver ID, the driver is always 'the driver', same in your appeal, never give the ID away.
Blue Straggler
Thanks! Edited post, hope it looks better now. Indeed [the driver] is going to the cinema in person to look at signage and also see if they can help (do they have any power over Parking Eye? Who is the client and who the supplier, between those two??)
And yes I thought it was odd to read that you don't say you're appealing. Of course you are appealing AGAINST their "charge". But the Internet is full of diverse opinions isn't it...
Jlc
There's often no single simple answer.

However, a 'genuine' appeal to PE probably stands the most chance of being accepted. Anything, that appears to be an 'Internet Template' or simply outrageous WILL be rejected (but a POPLA code must be given).

If the keeper was driving and they've successfully engaged 'keeper liability' (under PoFA) then playing guessing games about the driver doesn't necessarily assist either. (Or even if the keeper wasn't driving they may still have the right to pursue the keeper)

The cinema may be the principal in the parking management contract. However, they might be leasing the land and have not contracted them themselves but they may have some sway (especially for genuine customers).

Pictures of the signs would be useful too.
The Rookie
QUOTE (Blue Straggler @ Tue, 13 Jun 2017 - 17:03) *
Thanks! Edited post, hope it looks better now.

No, it can still be used to ID the driver, only ever refer to the driver as 'the driver', very important.
Blue Straggler
QUOTE (The Rookie @ Tue, 13 Jun 2017 - 18:15) *
QUOTE (Blue Straggler @ Tue, 13 Jun 2017 - 17:03) *
Thanks! Edited post, hope it looks better now.

No, it can still be used to ID the driver, only ever refer to the driver as 'the driver', very important.


Thanks again. Modified!


[the driver] has been to the cinema and spoken to a manager who will contact Parking Eye and get the CHARGE waived based on clear evidence that [the driver] was using the cinema and therefore not abusing the car park for activities that do not profit leaseholders (cinema leases the space from a landlord who also owns the car park, the landlord employs Parking Eye).

This manager was quite understanding and reassuring. Funnily enough [the driver] is not the first person to have had this happen. Many people go and attack the cinema, [the driver] took a more calm approach to things. The cinema manager was confident that the CHARGE will be waived

[the driver] will still send [the driver]'s own appeal to Parking Eye, with a view that the cinema manager contacting Parking Eye is simply to back up [the driver]'s appeal.

[the driver] noted that in fairness there is plenty of signage around the car park but that the iPads where one is supposed to enter one's registration number, are not massively obvious.
[the driver] made a polite suggestion to the cinema manager that employees should whenever possible mention to customers that they need to enter their registration number. On busy crowded nights like the opening night of big films, it could be easy to fail to see the iPads and to get caught up in the general commotion and forget about it.

Many thanks all
Blue Straggler
QUOTE (The Rookie @ Tue, 13 Jun 2017 - 18:15) *
QUOTE (Blue Straggler @ Tue, 13 Jun 2017 - 17:03) *
Thanks! Edited post, hope it looks better now.

No, it can still be used to ID the driver, only ever refer to the driver as 'the driver', very important.



Actually I just realised that I only have a very vague idea of why the driver should be referred to as "the driver" - would you mind taking a moment to explain?
I know that for example if you are involved in a collision you should not admit liability on the spot even if it seems courteous and would help to placate the scene, and I guess this is sort of in the same legal realm but I am not 100% on why it's best to do this.

Thanks
nosferatu1001
In any parking scenario they claim a contract is formed
that contract can only be formed with the driver

They dont know the identity of the driver. So, court action is tricky - they have to in theory prove the Keeper of the vehicle (the person named on the V5C) is the Driver, OR otherwise prove the drivers ID before filing papers

When clamping was banned, the gov't in its infinite wisdom decided to make Keepers also liable, but ONLY IF the parking company correctly followed the statute; its actually quite easy to follow, but 5 years in most parking companies struggle. hence, you keep the drivers identity secret, because if they HAVE NOT met the reuqirements of the legislation (POFA2012) then they have a big hurdle to clear - identifying the driver.
Jlc
Indeed, but PE are likely to have substantively complied to hold the keeper liable (for the drivers 'unpaid parking charge').
Roger Moore
I have also received a PCN as a result of being the registered owner of a car that was parked on the Odeon car park in Leicester during the Roger Moore double bill.

If necessary the driver of the car could prove that they had a ticket to see the film. The double bill lasted just a few minutes less than the total time my car was on the car park. If the driver of the car had input the Reg details of my car into the iPad I would not have received a charge.

I am going to go to the Odeon this afternoon to ask them to intervene to get the charge cancelled.

If I was to start the appeals process, what is the collective view of the forum of basing the appeal on the argument that no loss was incurred by the land owner as a result of my car being parked on the car park (while the driver of the car used the car park legitimately)?
Jlc
QUOTE (Roger Moore @ Wed, 14 Jun 2017 - 14:35) *
If I was to start the appeals process, what is the collective view of the forum of basing the appeal on the argument that no loss was incurred by the land owner as a result of my car being parked on the car park (while the driver of the car used the car park legitimately)?

Start your own thread if you want specific advice. (But the 'no loss' argument was mostly squashed by the Supreme Court - or at least how many Judges would rule)
Blue Straggler
Thanks all

Update on this - having visited the Odeon cinema on Tuesday evening where a manager assured me that he would take care of it by contacting ParkingEye directly, and that I can make a usual appeal if I fancy doing so but it would not be necessary and would only be for my peace of mind to feel like I'd "done something", I've just now gone to the ParkingEye web appeal portal to start my appeal and the charge is already showing as "cancelled", so that's ended nicely!
Parker1234567890
Hi, I just wanted to say thanks. I received a letter today thanks to going to the Odeon and forgetting to type in my ref number. After reading the advice above I went to the cinema and explained the situation. The manager dealt with it immediately as described above. I think I would have lost an appeal as my evidence of visiting the cinema wasn't watertight - one mention of 'Odeon' with no location on my bank statement, dated 4 days after the parking date.

It was obvious from the manager's (helpful) reaction that they're used to this - I am as the the only person there with the same letter. They also had a greeter who told me to enter my reg number as soon as I arrived.
[code][/code]
So, many thanks to this forum and to the Odeon manager for his understanding.
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