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Parking Eye (again)

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  • Parking Eye (again)

    Hi guys,

    January 2nd 2018 - went for a drink locally with wife & 2 friends. Didn't see any signs regarding 2 hour parking limit, so we stayed for just over 2 hours (20:11 > 22:39). Car reg picture in & car picture out.

    Is it the same way to do this that was successful (thanks to mystery1 & kati) in 2014 - Do I send this as a starter for 10, or has the "system" changed nowadays?

    Dear Sirs,

    I, as registered keeper, wish to invoke your appeals process. The driver did not see any signage and in any event your charges are penal and not a genuine pre estimate of loss.

    I am under no statutory obligation to name the driver and will not be doing so.

    Should you reject my appeal please supply a popla code.

    Yours etc

    Then when they reject my appeal, go down the POPLA route & ombudsman huge long letter thing?

    I have a disabled badge for when I take my disabled mum out - can I include that, because obviously, she was with us at the time!?!


    Cheers (again)

    Ian
    Tags: None

  • #2
    Re: Parking Eye (again)

    Of course ... send that initial appeal (they'll reject it as before) and then on to a popla appeal later on You could also try talking to the pub owners in case they can overturn the parking charge due to you all being customers at the time

    tagging [MENTION=5553]charitynjw[/MENTION] [MENTION=39331]ostell[/MENTION] (M1's a bit busy these days) xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Parking Eye (again)

      Off to the pub now ...

      Comment


      • #4
        Re: Parking Eye (again)

        Okay - just went to the pub (Wetherspoons) and all they could do was print out a receipt for the first round of drinks/food we ordered.

        They said that was all they could do, so I guess it's back to the appeal letter / POPLA request ....

        Comment


        • #5
          Re: Parking Eye (again)

          Hi CC

          GPEOL is pretty well a dead duck since the Beavis ruling (Nov 2015).

          Still, there should be grace periods allowed at the start & finish of the parking event, & you have the Equality Act on your side (reasonable adjustment).
          Add that to the P/E appeal.....you never know!

          & post up a redacted copy of the postal NtK (front & rear, leave all dates/times visible)
          & a pic of the site signage (apologies...means another visit to the pub...a dirty job, but someone's gotta do it! Any volunteers, one step forward n.......Wait for it!! )
          Last edited by charitynjw; 17th January 2018, 07:58:AM.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Parking Eye (again)

            Originally posted by CaptainChaos View Post
            Okay - just went to the pub (Wetherspoons) and all they could do was print out a receipt for the first round of drinks/food we ordered.

            They said that was all they could do, so I guess it's back to the appeal letter / POPLA request ....
            did you speak to a manager?? It might be an idea to send an email to the CEO too - Mr John Hutson jhutson@jdwetherspoon.co.uk

            Originally posted by charitynjw View Post
            apologies...means another visit to the pub...a dirty job, but someone's gotta do it! Any volunteers, one step forward n.......Wait for it!!
            I'd go if I was anywhere near lol ... our local 'Spoons doesn't have a carpark
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: Parking Eye (again)

              So Wetherspoons don't want to encourage people to spend a long time eating?

              Comment


              • #8
                Re: Parking Eye (again)

                Ahhhh ... they are not included in the list to establishments covered by Parking Eye ... there is a Lidl, Travelodge & Subway in the list of places - no Wetherspoons.

                I'll just do what I did last time .... aka wait & wait & wait then send the first appeal letter.

                Fingers crossed.

                Comment


                • #9
                  CharityNJW - I guess my original course of action won't work any more from what you're saying.

                  I'm back to work tomorrow (Monday) so I'll scan the ParkingEye fine notices & try to get to the car park where there are signs (although not individually lit) - I was paying more attention to finding a space than reading signs 12 feet in the air!

                  Will post pics of all when I've returned to work & gone to the car park.

                  Cheers
                  Ian



                  Here is the email I've just sent to Mr. Hutson:

                  Dear Mr. Hutson,



                  I am sending you this email as I have received an invoice for overstaying the “2 Hour Limit” while visiting The Posset Cup in Portishead (where I live).



                  It isn’t very often that I can go out with my wife, as we both work shifts, and we decided to visit on the 2nd January 2018 for a drink and something to eat.



                  I was not aware that there was a time limit in the car park, and did not see any of the “2 Hour” signs while driving through the car park looking for a space.



                  We enjoyed our meal & drinks, and thought nothing of it.



                  I then received a Parking Eye Parking Charge for £60, increased to £100 as I have not done anything with it, as I believe that it is wrong that I get issued with a fine for having an evening out, and was not aware of any parking restrictions whilst visiting your establishment. We were timed by the camera as entering at 20:11, and leaving at 22:39 – 2.5 hours!



                  What can I do about this ridiculous situation, because I am sure that people who attend The Posset Cup will think twice about visiting if they are going to be surprised by an extortionate fine for trying to have a peaceful evening out with family/friends.



                  I look forward to hearing from you.



                  Regards


                  Ian I
                  Last edited by CaptainChaos; 22nd January 2018, 07:11:AM.

                  Comment


                  • #10
                    That seems like a good "letter-to-ceo", which is always worth a shot in situations like this.

                    However, the usual problem is that the tenant of the property (Wetherspoons) did not engage ParkingEye to "manage" the car park, so may have little influence over what PE does once it's got a furry little animal gripped firmly in its jaws...

                    You sometimes hear it argued that an agent must obey its principal, but I'm not sure that is relevant in a situation in which the "agency" is established and governed by a signed agreement. That agreement will likely authorise the "agent" to operate in a particular car park, and will cover the respective rights and responsibilities of the parties. It may cover "whitelisting" of employee vehicles, and it may allow tenants to request the cancellation of PCNs received by customers. But it may not. The expected cash flow from parking charges will be very high on a PPC's mind when it is drafting its contract with the landowner, so it would be unlikely that the terms of that contract would provide for tenants simply instructing the PPC to cancel an unlimited number of customer PCNs.

                    Topolino di Chiesa
                    Notice: Nothing written above this line should be taken as legal advice, or as any other kind of advice, for that matter. It is absurd, bollocks, crazy, delusional, erroneous, fatuous, garbage, hysterical, incomplete, jocular, kooky, ludicrous, malapropos, nescient, out-of-date, pathetic, quisquilious, ridiculous, sapless, tactless, unsuitable, vapid, wrong, xecrable (yeah, yeah, why don't you try coming up with a suitable word​ beginning with 'x'?), yieldless and zeroable.

                    Comment


                    • #11
                      Hi again - photos to follow, but I received an email from the Manager at the Wetherspoons just now:



                      Hi Ian,

                      Is there any chance you would be able to pop in and see me at some point this week so we can sort out cancelling your parking ticket?

                      The car park isn’t actually anything to do specifically with Wetherspoon as we share this with home bargains and majestic wine.
                      However I have a log of reciepts so aslong as you can point out the times you were here I can print out some receipts for you and we can get this appealed for you

                      I have a contact at Parking eye who will be able to chase this for you

                      Kindest Regards

                      ............


                      So, that's where I'll be going later on to see what happens!

                      Comment


                      • #12
                        Here we go with some photos .... Firstly the ParkingEye Parking Charge ...

                        Click image for larger version

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                        and I went out last night to take photos of the car park, taking pretty much the same route I did in my car to park - bear in mind this was about 6pm - 6.30pm, so the shops were still open & lit up, whereas they weren't when I went on 2nd January (just after 8pm) ...

                        Click image for larger version

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ID:	1386611 As you drive into the car park
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ID:	1386612 As you drive towards where I parked (unlit sign on right)
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ID:	1386613 The view towards Wetherspoons where I parked
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ID:	1386614 Where I parked (by the yellow barrier thing)

                        Sorry about the quality & number of photos.

                        The "Time Allowed" signs are not individually lit, there are quite a few of them dotted around the car park, but like I said, I was looking for a space not at the signs (yeah I know - my fault etc).

                        Cheers
                        Ian
                        Attached Files

                        Comment


                        • #13
                          Latest update (sort of) - met with the Wetherspoons Manager who emailed me a receipt for the meal/first drinks we had, and I have emailed that to ParkingEye as an Appeal.

                          The Manageress said that they are just about to get a tablet thing at the bar for customers to put their car reg. number in so they don't get tickets, but as is my usual luck, I was there before it is arriving!

                          She also said that if ParkingEye reject my Appeal, I should go in again to speak to her so that she can phone somebody she knows in ParkingEye who can cancel the ticket ....

                          I'll have to see what happens.

                          Comment


                          • #14
                            Originally posted by CaptainChaos View Post
                            Latest update (sort of) - met with the Wetherspoons Manager who emailed me a receipt for the meal/first drinks we had, and I have emailed that to ParkingEye as an Appeal.

                            The Manageress said that they are just about to get a tablet thing at the bar for customers to put their car reg. number in so they don't get tickets, but as is my usual luck, I was there before it is arriving!

                            She also said that if ParkingEye reject my Appeal, I should go in again to speak to her so that she can phone somebody she knows in ParkingEye who can cancel the ticket ....

                            I'll have to see what happens.
                            fingers crossed it works xx
                            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                            It doesn't matter where your journey begins, so long as you begin it...

                            recte agens confido

                            ~~~~~

                            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                            But please include a link to your thread so I know who you are.

                            Specialist advice can be sought via our sister site JustBeagle

                            Comment


                            • #15
                              Your Quote re Wetherspoon Manager "The car park isn’t actually anything to do specifically with Wetherspoon as we share this with Home Bargains and Majestic Wine."

                              Places listed on Parking Ticket "Lidl,Travelodge,Subway"

                              Hmmmm......appears the Weatherspoon Manager is confused!

                              Comment

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