Parking Eye ANPR PCN - M&U Phase One, Portishead (Lidl, Travelodge, Subway).

[bellx15]

Hello everyone -

 

I'm writing this in a state of disbelief.

Just received a PCN in the post.

 

My genuine shock is down to having had no inkling at the time that there were any parking restrictions.

My colleague and I both remember checking for notices but seeing none.

 

One question I have is whether anyone here is familiar with this car park - outside Wetherspoons' 'The Possett'.

 

I clearly need a reality check on what is in fact visible on the site.

The car was recorded as entering at 8pm and leaving at midnight.

 

Thanks!

 

1 Date of the infringement 1.5.2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 5.5.2018

 

 

3 Date received 10.5.2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] yes

 

5 Is there any photographic evidence of the event? yes

 

6 Have you appealed? {y/n?] post up your appeal] no

 

7 Who is the parking company? ParkingEye

 

8. Where exactly [carpark name and town] M&U Phase One, Portishead (Lidl, Travelodge, Subway).

 

For either option, does it say which appeals body they operate under. POPLA

Edited May 10, 2018 by dx100uk
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[bellx15]

Just to add - I've looked on Google Street View and can see no sign of any notices at any of the entrances. This is the Travelodge, Lidl park, where we were parked, not the Waitrose part.

 

 

 

I have Google links, but I'm not allowed to post them yet. Just look for the Travelodge car parking area.

 

This is a pdf of my charge notice.

Notice to Keeper..pdf

[bellx15]

Thank you very much for looking into the situation for me. I really appreciate it.

 

Just for convenience, I am uploading a bird's eye view of the relevant parking areas.

 

In answer to your first question, I was with a friend and we spent the entire time in the Possett Cup. It never occurred to either of us that receipts would be needed later, so unfortunately we probably didn't keep any.

 

To be perfectly honest, I can't remember which entrance/exit we used, but probably either of the two on Harbour Road. I think the car was parked near the southern boundary of the Lidl/Travelodge/Possett Cup car park.

 

Yes, I would like to be able to pinpoint the cameras, but don't live anywhere near there, so will have to wait probably a month or so to get back there and do a reccy.

 

Your point about the two adjoining car parks seems right to me, too. Unless they have cctv watching the entire car park, which I believe some do, it would be impossible to tell where the car had been.

 

[Note: In the Car Park Association guide, it states that the camera operators are obliged to produce their photographic evidence if asked. It also states that large, readable notices should be placed near the entrance. I don't see any.]

 

I am wonderring about strategy, now. Should I just keep quiet and wait to see how far they want to take this? At what point would it be sensible to give in?

 

Alternatively, if I submit an appeal in the next few days, should I ask them to provide their evidence? Still mulling this one!

 

Thanks again!

 

For entertainment only -

 

I ust went to the ParkingEye website and entered the details of my PCN. Then I clicked on the 'evidence' tab:

 

The first picture shows the wheels turned sharply, and no occupants. Where could that have been taken??

 

The second picture shows .... ?? Poorly illuminated Car park!

[bellx15]

So now we have a new piece of information - I've traced the location of the 'entry' photograph, and it is the front of Lidl, main entrance. And because the wheels are turned to the right that indicates that I must have taken the first turning into the parking area. Where I actually parked is still a bit of a mystery.

 

 

As far the 'exit' picture, well, what does that tell anyone?? Would they be able to associate it with a particular camera?

 

 

 

My suspicion is that the cameras are properly located, to ensure that the car is going into and coming out of their exclusive patch. If that's true, that's another possible objection biting the dust. Still, there is another car park connected at the other end (Majestic Wines, etc.).

 

 

My current feeling is that I should just sit this one out and take a pure gamble. If they take out a court action I can just pay off whatever the court tells me to, rather than going to court. Any opinions?

 

OK, apologies -

 

 

for me, the jpg images look clear. I was thinking you meant just documents.

 

Here it is in PDF, although honestly I can't see any difference.

evidence.pdf

[bellx15]

OK, I'll remember that.

 

 

What should I do about the charge?? I've written to Wetherspoons, but nothing else so far.

[bellx15]

So are you advocating that I don't appeal, and just leave things altogether to see what they do?

[bellx15]

Well yes, that is all the way I feel about it. I'm sure everyone here feels that conflict, and I was just listing the pay-up route as an option. I'm here to take advice, and now I think it is clear. I'm not going to pay up, not only on principle, but also because the signage on the site is inadequate. I'll probably submit an appeal to ParkingEye to show that I did attempt a resolution.

 

I will be going down to Bristol (and thence Portishead if necessary) next month, so I will do a thorough photographic reccy of the area then.

 

I've just received information that rather scuppers my defiant stand, I suspect:

 

Reply from Wetherspoons:

 

"Unfortunately the car park is not owned by Wetherspoon, therefore it is completely out of our control.

 

However there have been sings up about the parking since before Christmas time, and then became active in the new year.

 

There are two entrances to the car park, in front of ‘Home Bargains’ & ‘Majestic Wines’ are one side and ‘Subway’ & ‘Lidl’ the other. The camera either side picks up the registration number of the cars as they enter and exit.

 

Since then we have had a tablet installed at the end of our bar so our customers can put their registration number in and it will up the parking limit from 2 hours to 5 hours, this has been in place since mid-march in an attempt to help out our customers to the best of our ability.

 

The only thing I can suggest is sending your receipts off with an appeal, however with the tablet in place, it is highly unlikely your appeal will go through.

 

Hope this has been helpful.

 

Kind Regards

 

 

Tom Coleman

Duty Manager

The Posset Cup

Mustad Way

Portishead

BS20 7DE"

 

Unless there are still no signs at the entry points, I don't see that I have much of a defence.

[bellx15]

OK. Please tell me why not.

[bellx15]

Because it tell me that the entire parking area is under the control of ParkingEye. It doesn't matter where I park. They still have me. If they have signs at the entrances, I'm stuffed.

 

Thank you! I was hoping for some more informative communication such as this!

 

Do you know what percentage of PE victims go to court, or any related statistics?

[bellx15]

Actually, I think there was significant doubt. Given that there there are two or three apparently discrete parking areas, it mattered whether they needed to determine which one{s) I used. It appears now that they don't.

 

are their signs correct? I'm still hanging on by my fingernails to this one.

do they have planning permission for them and their cameras? How likely that they do not?

do they have a signed current contract with the land OWNER? Ditto.

[bellx15]

Hi HB -

 

thanks. I've had a lot of reading to do (!), but yes, I'll do what you suggest.

[bellx15]

Yes, that's excellent - thanks!

 

One point that occurred to me is that they have a positive reason not to get the signs right. If they had adequate signage they would catch fewer drivers. There is method in their incompetence.

[bellx15]

Fascinating. What was the date of approval, please?

 

 

strange PE have agreed to mediation

there is no point.

 

 

Mightn't the point be that PE are not confident of winning, so prefer to do a pre-court deal?

 

RE:

https://www.consumeractiongroup.co.uk/forum/showthread.php?488480-ParkingEye-ANPR-PCN-Claimform-overstay-M-amp-U-Phase-1-Portishead-(Lidl-Travelodge-Subway)-Harbour-Road-Portishead post 42

 

WOW! That's five days after the date of my 'offence' in the same car park! I do hope it means we are in the clear.

 

if it does that means you owe me a beer

 

 

I'll buy you a beer AND an all-day breakfast!

 

 

This looks hopeful to me, especially as (according to Wetherspoons) PE only took over this car park around Christmas last year, so they probably didn't have any previous planning permission in place. With no active planning permission, doesn't that scupper them at a stroke?

[bellx15]

Really? Well that is fantastic news for both of us!

 

 

Would I need to obtain my own copy of the approval letter? How does it need to be authenticated?

[bellx15]

So if I include this approval notice with my defence, the onus is then on PE to show that it is incorrect?

[bellx15]

OK, thanks. Sorry for interfering with the thread!

[bellx15]

Thanks for that.

 

 

What is the best way to obtain a copy of PE's contract with the landowner? I don't know who the landowner is, yet.

[bellx15]

But they have sent a Court claim - I have to submit my defence in the next two weeks.

[bellx15]

Yes, I realised afterwards that I hadn't said. Sorry.

[bellx15]

Name of the Claimant ? ParkingEye Ltd

claimants Solicitors: Rosanna Breaks

 

Date of issue – 13.08.2018

 

Date to submit defence - 14.09.2018

 

What is the claim for –

1.Claim for monies outstanding, as registered keeper, in relation to a Parking Charge, issued 05/05/2018, for parking on private land in breach of the terms and conditions (the contract).

2.ParkingEye's automated number plate recognistion system, monitoring Site M&U Phase 1, Portishead (Lidl, Travelodge, Subway), Harbour Road, Portishead, BS20 7DE, captured vehicle ******* entering and leaving the car park, overstaying the maximum stay time.

3.The signage, clearly displayed throughout the car park, states that this is private land, is managed by ParkingEye Ltd., and is a max stay site, along with other T&Cs by which those who park on the site agree to be bound. In accordance with the T&Cs set out in the signage, the Parking Charge became payable.

4.Notice under the Protection of Freedoms Act 2012 has ben given under Sch 4, making the keeper liable.

5.This claim is in reference to parking charge(s) *****/*****

 

What is the value of the claim? £175

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? PPC

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

I submitted my acknowledgement of receipt online, on 24.08.2018.

Court Claim. BGC.pdf

Edited August 27, 2018 by dx100uk
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[bellx15]

I don't know what that is, I'm afraid.

I submitted my online acknowledgement to the court, but didn't send in any paperwork.

[bellx15]

I've had my head in the screen for days, and it has stressed me out.

 

My research is just disorganised, and has holes.

 

Yes, OK, thanks, I'll send that off.

[bellx15]

Interesting. What does it tell us?

[bellx15]

I can see two.

[bellx15]

No, four, probably.

 

 

Decelopers

Pemsimmon

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