Parking Eye Cheetham St Rochdale

[chaddyowl]

My Uncle and Auntie parked their vehicle on Cheetham Street, Rochdale end of April and paid for 1 hour parking.

 

Returned to their vehicle after 1 hour, by time they went past ANPR camera the time had elapsed by 2 minutes.

 

Received a ticket through the post for payment of £100 which they will reduce to £60 if paid within 14 days.

 

Auntie was with disabled husband at the time of the incident and this is why they were slightly over the 1 hour mark.

 

Any advice would be gratefully appreciated.

 

Thanks

[Bazooka Boo]

Well the good news is it isn't a parking fine, just an invoice to pay a private parking company profit, which you're not going to do.

 

Was this the notice to keeper (NTK) they sent?

 

Parking lies system is incredibly inept at the best of times.

 

What store owns this car park?

 

I'd be writing to them and complaining very loudly that this is the last time you'll shop in there due to the cowboy parking outfit they employ!

[griffiths5]

I have problem with Parking Eye also, They are members of the BPA and have not informed you that you are allowed a minimum of 10min grace period, plus any time added to find a parking space. If they do not cancel then appeal to the POPLA You tell them your going to complain as its in breach of the the code.

13 Grace periods

13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.

13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.

13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.

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.

[Bazooka Boo]

Wait for ericsbrother to advise you on this first.

 

What you don't want to do is tell them who the driver was, just hold fast.

[chaddyowl]

Thanks very much will wait for now.

[ericsbrother]

Yes, the BPA code of practice gives a minimum 10 minute grace period both for parking and leaving a car park. Now, the alleged breach is for being parked for more than the time paid for, not driving around a car park trying to get in or out, reading their contractual offer and faxing said contract to your lawyers for consideration, fiddling in your pocket for change etc so in short loads of reasons as to why being 2 minutes past the time on their clock is cobblers as far as a breach of PARKING conditions go.

I would try and nip this one in the bud and write to PE. head the letter appeal and the grounds are "that no breach of contract has occurred as the vehicle was not parked for longer than the prescribed time" then say that the BPA CoP gives a grace period for all of the things I mentioned and say that you expect the claim number XXXXX to be cancelled for the above reasons or supply a POPLA code and a lawful reason why PE has abandoned its ATA's code of practice and instead provide strict proof of its claim regarding the actual time the vehicle was parked.

Dont say who was driving, anything about disabled auntie or why you anyone was there in the first place. All of that can be used to greater effect in the future if the greedy gits dont cancel at this stage

[chaddyowl]

Sorry about delay everyone, cousin has stupidly used Parking Eye online appeal to spill guts, still waiting to hear what comes back...

[armadillo71]

Sorry about delay everyone, cousin has stupidly used Parking Eye online appeal to spill guts, still waiting to hear what comes back...

 

All is not lost... update with the appeal and PE's responce please. Tell cousin not to reply without advice!

[chaddyowl]

Ok. Got response from parking Eye.

 

 

They asking for evidence of valid ticket purchased, they don't have that as it was thrown, (who keeps purchased tickets just in case you get a parking charge notice!)

 

 

All they say then is it is kept on hold for 28 days to enable production of evidence of ticket purchase and if it is not provided then appeal may be rejected and POPLA code provided.

 

 

After that just how you can pay us BS.

 

 

Any help gratefully appreciated guys. Thank You

[ericsbrother]

do you have a witness who could swear that you bought a ticket to park? If so you could inform PE that you have someone who is willing to do a swear. Anyone with legal experience in their office will know what that is and any seubsequent claim would then be very much malicious rather than recovery of a debt..