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Please help: POPLA appeal for Parking Eye fine

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  • Please help: POPLA appeal for Parking Eye fine

    Hi there,

    I am trying to appeal a parking fine issued by ParkingEye that state that "insufficient time was paid for on the date of the parking event". I arrived at the car park and paid £4.50 for three hours of parking. I then realised that in ten minutes time (I had arrived at 7.50pm) the parking rate changed to £3 for overnight parking from 8pm-8am. I had therefore effectively paid £1.50 for ten minutes plus £3.00 overnight rate. I wasn't sure what to do at that point as it wasn't cleary marked how to pay for an hour or ten minutes before the charge came into effect and I couldn't pay for the £3.00 before 8pm and I had to go to a meeting so couldn't wait. So there actually was no way of paying the correct amount even if it had been clear what this correct amount would have been. I ended up staying until almost midnight because I had presumed I had paid sufficient to cover the overnight fee plus the ten minutes before. I wrote them a note saying as much and as I attached the ticket I realised that one of the digits on the number plate hadn't printed out. However, the ticket was clearly displayed in my vehicle windscreen and could have been checked for the whole time I was parked there. I am now not sure if they are threatening to fine me £100 for misprinting the reg or for not paying the right fee (although it was not clear what the right fee would be have been in this situation). Please can you advise? They have rejected my first appeal & suggested I appeal through POPLA but want to get my case straight before doing so!

    Thank you
    Tags: None

  • #2
    Hi

    Have you asked P/E for evidence from the P&D machine?
    (A SAR would get that for you, as the vhicle reg is deemed to be personal data.)

    Do not ID who was driving/parking.

    You are allowed 10 mins 'grace' on entry to the parking site. (BPA Code of Practice 13.2)
    From what you say, this would take you into the night rate.
    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


    • #3
      Thank you, CharityNJW! Unfortunately I already stated it was me when I contested this initially. Ah.. so I should ask Parking Eye for evidence from the pay and display machine about whether or not the reg was typed in accurately on the machine?

      I was hoping for some tips on how to argue that the payment options weren't clear on what to pay in that situation? Are there any legalities on this? Or on misprint of reg no? My intention was to pay and I did pay. Are there any laws on punitive fines that I can appeal to here?

      Thanks everyone!

      Comment


      • #4
        I would throw "de minimus non curat lex" at them.
        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


        • #5
          Is that something I can genuinely use in an appeal?

          Comment


          • #6
            I've gone through the BPA regulations and it seems there is nothing in there about laying out the fees clearly for drivers to pay.. which seems odd? Does anyone have any better intel on this?


            Re: misprinting reg no but having evidence of payment - would this constitute a breach of "reasonable" use of ANPR?

            ParkingEye haven't actually been clear what they are prosecuting me for - other than insufficient payment - can I ask them what sufficient payment would have been in the circumstances?

            Comment


            • #7
              Originally posted by CN292 View Post
              I've gone through the BPA regulations and it seems there is nothing in there about laying out the fees clearly for drivers to pay.. which seems odd? Does anyone have any better intel on this?


              Re: misprinting reg no but having evidence of payment - would this constitute a breach of "reasonable" use of ANPR?

              ParkingEye haven't actually been clear what they are prosecuting me for - other than insufficient payment - can I ask them what sufficient payment would have been in the circumstances?
              Nothing is 100%

              Not ANPR, not human beings.
              We all make mistakes, so why should we be punished for trivial ones? (De minimus)
              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

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