Parking Charge
Discussion
Afternoon PH,
I need you're help, as i have never had a parking charge before, and i'm struggling to see is my appeal has grounds with POPLA.
We had a family holiday down to Devon, and visted Croyde Beach for the day, arrived at the car Park at 11.20am, eventually found a parking space, Got the kids out of the car, went over to the Pay and Display and the sign said you can pay via the App. Brilliant, so i download the app (took a few mins as signal is rubbish), register an account, set up payment information etc and i then paid for my parking once all set up at 11.35am. Paid for 5 hours, and the parking notice has us leaving at 4.35pm, and our parking also expiring at 4.35pm.
I appealed to Parking Eye who has come back today and said "Unfortunately, the tarriff purchased was insufficient and did not cover the entire duration of the stay"
Genuinely I have never not paid for parking, so i'm quite annoyed by this, Is it grounds/would you appeal to POPLA if you we're me?
Thanks in advance PH
I need you're help, as i have never had a parking charge before, and i'm struggling to see is my appeal has grounds with POPLA.
We had a family holiday down to Devon, and visted Croyde Beach for the day, arrived at the car Park at 11.20am, eventually found a parking space, Got the kids out of the car, went over to the Pay and Display and the sign said you can pay via the App. Brilliant, so i download the app (took a few mins as signal is rubbish), register an account, set up payment information etc and i then paid for my parking once all set up at 11.35am. Paid for 5 hours, and the parking notice has us leaving at 4.35pm, and our parking also expiring at 4.35pm.
I appealed to Parking Eye who has come back today and said "Unfortunately, the tarriff purchased was insufficient and did not cover the entire duration of the stay"
Genuinely I have never not paid for parking, so i'm quite annoyed by this, Is it grounds/would you appeal to POPLA if you we're me?
Thanks in advance PH
You should get 10 minutes grace for parking, so it looks like you are 5 minutes over this from the arrival point.
I would agree that this isn't long enough if you have to first find a space and then also download and register for online payment.
I received a parking ticket in 2020 from a hospital stay. I appealed but didn't get anywhere at the time so paid the fine.
Every year or so I send an email of dissatisfaction that the PCN was unfair and 4 years later I had an email from them out of the blue to say that they have cancelled it and refunded it.
I would agree that this isn't long enough if you have to first find a space and then also download and register for online payment.
I received a parking ticket in 2020 from a hospital stay. I appealed but didn't get anywhere at the time so paid the fine.
Every year or so I send an email of dissatisfaction that the PCN was unfair and 4 years later I had an email from them out of the blue to say that they have cancelled it and refunded it.
Your argument will be that whilst you were phyiscally in the car park for over the amount of time you paid for, you were only actually parked for what you paid.
If you are sat waiting for a space thats not actually the same as being parked and i'd imagine croyde car parks in summer would be very busy.
If you are sat waiting for a space thats not actually the same as being parked and i'd imagine croyde car parks in summer would be very busy.
I generally appeal them and then go to POPLA out of principle as it costs the parking company money. I've won all except one. The camera only shows that you were in the car park, not that you were "parked". You could have been looking for a space. Ask for a copy of the grace period as specified by the landowner (it is usually 10 mins but may be longer). Moneysavingexpert and Pepipoo are good places to look for advice. Also remember to write your appeal in the third person -- use the phrase "the driver" rather than "I" as you are responding as the owner.
I had a post on here for a parking charge I received in Devon (Westward Hoe as opposed to Croyde which is lovely btw).
They had added the time it took me to park and the sub-ten minute overstay together and told me I was over. They basically track your coming into the car park and seem to begin the timer then.
I tried appealing which they ignored and simply put up the charge to the higher amount.
Someone very helpfully linked this site: https://www.britishparking.co.uk/write/Documents/A...
I wrote to them citing parts of section 13, in particular that there should be a minimum grace period of 5 minutes to allow you to park and read their terms and conditions. There is also a minimum grace period at the end of the stay of 10 minutes. These state minimum implying it could be more but I'd say 15 minutes seems logical. I was 14 minutes over when both times were added and they cancelled.
How long was your overstay in total OP?
They had added the time it took me to park and the sub-ten minute overstay together and told me I was over. They basically track your coming into the car park and seem to begin the timer then.
I tried appealing which they ignored and simply put up the charge to the higher amount.
Someone very helpfully linked this site: https://www.britishparking.co.uk/write/Documents/A...
I wrote to them citing parts of section 13, in particular that there should be a minimum grace period of 5 minutes to allow you to park and read their terms and conditions. There is also a minimum grace period at the end of the stay of 10 minutes. These state minimum implying it could be more but I'd say 15 minutes seems logical. I was 14 minutes over when both times were added and they cancelled.
How long was your overstay in total OP?
Alex_225 said:
I had a post on here for a parking charge I received in Devon (Westward Hoe as opposed to Croyde which is lovely btw).
They had added the time it took me to park and the sub-ten minute overstay together and told me I was over. They basically track your coming into the car park and seem to begin the timer then.
I tried appealing which they ignored and simply put up the charge to the higher amount.
Someone very helpfully linked this site: https://www.britishparking.co.uk/write/Documents/A...
I wrote to them citing parts of section 13, in particular that there should be a minimum grace period of 5 minutes to allow you to park and read their terms and conditions. There is also a minimum grace period at the end of the stay of 10 minutes. These state minimum implying it could be more but I'd say 15 minutes seems logical. I was 14 minutes over when both times were added and they cancelled.
How long was your overstay in total OP?
The 5 minutes is a consideration period, not time to allow you to park and cannot be added to the grace period. It's one or the other. (Section 13.2) They had added the time it took me to park and the sub-ten minute overstay together and told me I was over. They basically track your coming into the car park and seem to begin the timer then.
I tried appealing which they ignored and simply put up the charge to the higher amount.
Someone very helpfully linked this site: https://www.britishparking.co.uk/write/Documents/A...
I wrote to them citing parts of section 13, in particular that there should be a minimum grace period of 5 minutes to allow you to park and read their terms and conditions. There is also a minimum grace period at the end of the stay of 10 minutes. These state minimum implying it could be more but I'd say 15 minutes seems logical. I was 14 minutes over when both times were added and they cancelled.
How long was your overstay in total OP?
What the parking company are saying is that if it looks to be taking longer to pay than any grace period allows you need to leave. Regardless of any genuine issues in making payment and a sincere intent to pay for parking, a driver will always find themselves in the same situation as the OP.
Thankyou all,
I've submitted my appeal, and just this morning Parkingeye submitted their documents. Some of the points that jumped out on me in their evidence were things like, in their information section they say
"The BPA Code of Practice Version 8 – January 2020 has provided clarity to both motorists and parking management companies regarding grace periods. Version 8, 13.1 states that parking operators must provide motorists a ‘consideration period’ before entering into the parking contract to allow motorists to consider the terms of the parking contract and leave the car park should they not wish to be bound by the terms & conditions. The amount of time in these instances will vary dependant on the size and type but it must be a minimum of 5 minutes."
So they can say a minimum, but nothing about a maximum etc?
As mentioned above, i have asked for a copy of the grace period as stipulated from the land owner.
In Addition, this is the photo they have used in their evidence, Like not only is the picture quality really poor, i cant see anywhere where it says about grace period etc.
Not sure if my case of appeal is stong, time will tell now. I'll let you guys know.
I've submitted my appeal, and just this morning Parkingeye submitted their documents. Some of the points that jumped out on me in their evidence were things like, in their information section they say
"The BPA Code of Practice Version 8 – January 2020 has provided clarity to both motorists and parking management companies regarding grace periods. Version 8, 13.1 states that parking operators must provide motorists a ‘consideration period’ before entering into the parking contract to allow motorists to consider the terms of the parking contract and leave the car park should they not wish to be bound by the terms & conditions. The amount of time in these instances will vary dependant on the size and type but it must be a minimum of 5 minutes."
So they can say a minimum, but nothing about a maximum etc?
As mentioned above, i have asked for a copy of the grace period as stipulated from the land owner.
In Addition, this is the photo they have used in their evidence, Like not only is the picture quality really poor, i cant see anywhere where it says about grace period etc.
Not sure if my case of appeal is stong, time will tell now. I'll let you guys know.
How far off the ground is that sign? From the photo it looks as if it’s about 10ft in the air. How you meant to read all small lettering?
Wonder if you appealed, attended the hearing and read every single word on that sign out how long it would take! That should be your consideration period!
Wonder if you appealed, attended the hearing and read every single word on that sign out how long it would take! That should be your consideration period!
Gazzas86 said:
Thankyou all,
I've submitted my appeal, and just this morning Parkingeye submitted their documents. Some of the points that jumped out on me in their evidence were things like, in their information section they say
"The BPA Code of Practice Version 8 – January 2020 has provided clarity to both motorists and parking management companies regarding grace periods. Version 8, 13.1 states that parking operators must provide motorists a ‘consideration period’ before entering into the parking contract to allow motorists to consider the terms of the parking contract and leave the car park should they not wish to be bound by the terms & conditions. The amount of time in these instances will vary dependant on the size and type but it must be a minimum of 5 minutes."
So they can say a minimum, but nothing about a maximum etc?
As mentioned above, i have asked for a copy of the grace period as stipulated from the land owner.
In Addition, this is the photo they have used in their evidence, Like not only is the picture quality really poor, i cant see anywhere where it says about grace period etc.
Not sure if my case of appeal is stong, time will tell now. I'll let you guys know.
The five hour £8.20 tariff is not on the sign. Are you sure it's the right sign?I've submitted my appeal, and just this morning Parkingeye submitted their documents. Some of the points that jumped out on me in their evidence were things like, in their information section they say
"The BPA Code of Practice Version 8 – January 2020 has provided clarity to both motorists and parking management companies regarding grace periods. Version 8, 13.1 states that parking operators must provide motorists a ‘consideration period’ before entering into the parking contract to allow motorists to consider the terms of the parking contract and leave the car park should they not wish to be bound by the terms & conditions. The amount of time in these instances will vary dependant on the size and type but it must be a minimum of 5 minutes."
So they can say a minimum, but nothing about a maximum etc?
As mentioned above, i have asked for a copy of the grace period as stipulated from the land owner.
In Addition, this is the photo they have used in their evidence, Like not only is the picture quality really poor, i cant see anywhere where it says about grace period etc.
Not sure if my case of appeal is stong, time will tell now. I'll let you guys know.
skyebear said:
What the parking company are saying is that if it looks to be taking longer to pay than any grace period allows you need to leave. Regardless of any genuine issues in making payment and a sincere intent to pay for parking, a driver will always find themselves in the same situation as the OP.
I’m sure it’s very busy at that time of year. Simple answer. I did try to leave before my time expired but the traffic was so heavy I couldn’t physically get out the car park. Let them prove otherwise. Oh and appeal every step of the way because at least that way it’s costing them money so if you do have to pay up at least they have had to work for it.
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