Hi Guys,
Im wondering if worth appealing. Today is 14th day so will lose discount.
Parked in car park and tried to pay by contactless (its a new thing for a technophobe). The phone said processing and driver assumed the transaction would complete once they were in area with better reception.
19th was 14 days ago so do I have to appeal today to put a hold on reduced price if the appeal ultimately fails?
card issuer states they can't see an attempted transaction.
The entire car park stay including trying to pay was less than 10 minutes. I know there is a minimum 5 min consideration period.
Could be argued took 5 min to consider, tried to pay and then left because payment not successful.
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Welcome to FTLA.
A couple of things to start off:
- Who is the notice issued to, and what is their connection to the vehicle?
- The document you have shown us is a reminder, issued on 28th December. Can you show us the original Parking Charge Notice?
Hi Thanks for your assistance.
The notice was issued to the registered owner of the vehicle.
I have put the original parking charge in the opening post.
Thanks.
I should also point out that the driver entered and exited the car park within 10 minutes.
I'm not sure if the grace period is 5 or 10 minutes from googling.
Avenue Road, Southall, is not "relevant land" for the purposes of PoFA. Where, precisely, is this "car park" you mention, on Avenue Road?
Thanks for your msg. I have added map of location. Hope this helps.
The car park operates one way entrance/exit
When I google map the entrance it says 57 high st Southall UB1 3dB
When I google map the exit it states 44 Avenue Road, Southall, UB1 3BW
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Avenue Road, Southall, is not "relevant land" for the purposes of PoFA. Where, precisely, is this "car park" you mention, on Avenue Road?
Are you able to advise based on location info in the above post. Thanks.
Avenue Road, Southall, is not "relevant land" for the purposes of PoFA. Where, precisely, is this "car park" you mention, on Avenue Road?
behind shops on the corner of high road and Avenue road.
entrance in high road exit in Avenue road
Never mind. I was only looking at the front of the NtK which simply states location as Avenue Rd. The back actually says Avenue Rd car park.
IS the below ok for a POPLA appeal?
I went to this car park in order to go shopping in the local area. Upon entering the car park I looked for some available parking. Once I was safely parked I then set about to review the parking terms and conditions. After review I then attempted to enter into a contract with Parking Eye, the firm that manages the car park. I have the paybyphone app which has on previous occasions been quick and convenient. I entered all the details and selected my card to pay as I usually do but on the final screen the app continually said "processing" on the screen. I noticed I didn't appear to have good phone reception which I suspected was the reason for the app not working as intended. After unsuccessfully attempting to get better phone reception I realised I could not pay as I had no alternative method of payment. I therefore left the car park without entering into a contract. You will note the total extent of my stay was 8 minutes. I attach evidence of my previous successful use of the paybyphone app and good conduct.
I am aware that a 5 minutes consideration period is allowed. The total extent of my stay was 8 minutes which I believe was justified given the issues I was facing trying to make payment and enter into the contract.
As I did not ultimately enter into a contract I believe this fine should be cancelled.
There's a lot wrong with that appeal, others will provide a better response but key points are the consideration period hasn't changed, it's still a minimum of 5 minutes, grace period is still a minimum of 10 minutes but doesn't apply as the driver didn't pay. What's was stopped was issuing a PCN for not paying within 5 minutes of arriving which while there could be technical reasons argued in it's favour, was frankly unreasonable. In this case there was no reason why driver couldn't have left the car park on foot to find a better signal or WiFi to complete the payment before later leaving the car park.
ok If the driver has walked around trying to get mobile reception and then left then would that still be unreasonable?
The argument here is that after the consideration period of 5 minutes it took a further 3 minutes attempting to pay.
So you don't think it is reasonable to say a contract wasn't entered into?
(I have edited my appeal in the post above)
First, can we clarify - you mention a POPLA appeal. In order to appeal to POPLA, you first must appeal to ParkingEye. Have you done this? If so, what exactly did you say in this appeal?
POPLA won't entertain the 8 minutes argument, but if it can be made credibly, a court may well do. Mobile payment apps/websites can be horrendously clunky, even with a good signal, so entering the car park, finding a space, reading the entirety of the terms and conditions, attempting to pay, failing to do so, returning to the car and then driving out could quite easily take 8 minutes, in my view.
Speaking of the terms and conditions, do you have any photos of the signage?
See attached.
Yes I appealed to Parking eye using the same rationale. i.e. that I never entered a contract.
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So you blabbed the drivers identity! Never mind. You have absolutely no idea what the consideration period is. All you know is that is a MINIMUM of 5 minutes. Without seeing the contract flowing from the landowner to ParkingEye, you’ll never know.
So, in a POPLA appeal you must put the, to strict proof that you were on site longer than the minimum consideration period. I’m assuming that you did give away the drivers identity in your initial appeal.