3. Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
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Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
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Received the below PCN from Parkingeye for using the Pure Gym in Byfleet on 11th January 2026.

The driver has been using the PureGym in this retail park for over 2 years, always parking in the same place, and this is the first time they've received a PCN. It was on a Sunday morning and they regularly attend at this sort of time. They have never needed to validate the registration plate in the gym as parking has always been free, as per the gym staff's instructions.

The PureGym app shows their gym activity history, and concurs that they were in the gym between the times shown on the PCN.

The alleged contravention is that they overstayed the carpark's max time limit of 0 hours and 0 minutes, which presumably is because it's an 'out of hours' time on a weekend morning?

Photos of the carpark signage will be provided this weekend on Sunday upon the next visit.

Many thanks for any help / advice in advance.


« Last Edit: January 21, 2026, 09:16:27 pm by petrolhead48 »
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #1 on: »
Update your post so that the driver is identified only in the third person.

You need to get pictures of the signs at the site - GSV is well out of date.  It looks like there might be a no stay out of hours condition; but if this has changed, or there is now a requirement to register at the gym, then there should be clear signs to detail the change.
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #2 on: »
Updated, and thanks. Will provide photos of the signage this weekend.
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #3 on: »
Here is a photo of the sign in the car park:



On thing to note on the sign - it says "registrations need to be validated outside of store opening times." PureGym Byfleet is a 24 hour gym so it's effectively always open. Does that, by the letter of the sign, exempt the parker from the need to validate their ticket if using the always-open gym?


The parking policy has been changed recently. Previously there was no need to ever validate a registration number at any time of any day.

On PureGym's website they now include this caveat:


When visiting outside of the following hours, please validate your parking using the QR code in the entrance to the club:



Monday-Saturday: 8am - 10pm

Sunday: 10:30am - 4:30pm.

However using WaybackMachine to look at the website in October 2025, that bit of text was not present. So the parking policy has changed but it wasn't relayed to the gym user / parker.

This has been challenged with PureGym directly and they accept no liability other than to direct towards the PCN appeal process with ParkingEye, and to use data from the App to show the gym session at the time of the parking.

Any suggestions?
Many thanks
« Last Edit: January 24, 2026, 06:22:26 pm by petrolhead48 »
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #4 on: »
What ever is on the PureGym website is largely irrelevant, the contractual terms the driver agreed to are those on the signage. The wording around PureGym users is fairly clear, you might get a judge to agree with your argument about store opening times but it won't convince Parkingeye or POPLA. If you are contending the parking Ts & Cs have changed recently you need to be able to prove it, the PPC should have evidence on when the signage was changed so if it wasnt recently they will know.

So you have a few choices.

1. Appeal on the grounds the driver was a PureGym user and forgot to register, this might get it cancelled or a reduced fee being claimed.
2. Claim the rules have significantly changed recently and insufficient notice has been given, unless you definitely know this to be the case I wouldn't appeal on these grounds.
3. Use the usual waffle about the PCN not being fully POFA compliant and therefore the keeper can't be held liable, this will result in an appeal rejection.

You've already tried PureGym so that option is done.
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #5 on: »
Quote from: ixxy on January 25, 2026, 12:31:02 pm
2. Claim the rules have significantly changed recently and insufficient notice has been given, unless you definitely know this to be the case I wouldn't appeal on these grounds.
The fact that the OP has avoided receiving PCNs on previous visits suggests there's a fair chance this might be the case - may be worth getting some photos of the entrance. Whilst the gym have been no help in regards intervening to cancel the charge, it may be worth asking if they know when the rules changed.
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #6 on: »
Thanks both. PureGym have been contacted asking for the date when the parking restrictions changed.

DWMB2 I guess you mean a photo of the gym entrance? If so, upon revisiting the gym on the weekend, this sign is now in the entrance. It hadn't been noticed before.



Do you think the best grounds for appeal would be to go with the driver being a PureGym user who forgot to register, and to add the additional part about the parking restrictions being recently changed without insufficient notice?

Thanks
« Last Edit: January 26, 2026, 02:40:46 pm by petrolhead48 »
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #7 on: »
Quote from: petrolhead48 on January 26, 2026, 02:38:43 pm
DWMB2 I guess you mean a photo of the gym entrance?
No, the entrance to the car park
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #8 on: »
Won't be back there until next week so will get a photo then.

In the meantime time there's now a  useful person at Pure gym to deal with, and they have confirmed the parking restrictions changed on the 8th Jan (three days before the parking event) but weren't given any warning or notice to alert users.

They have also said they're going to try and get it cancelled on behalf of the driver, so I will keep you updated.
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #9 on: »
See the code of practice linked to above:
Quote
3.4. Material changes – notices
Where there is any material change to any pre-existing terms and conditions that would not be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator must place additional (temporary) notices at the site entrance for a period of not less than 4 months from the date of the change making it clear
that new terms and conditions/charges apply, such that regular visitors who might be familiar with the old terms do not inadvertently incur parking charges.
NOTE: Examples of material changes can include introduction of parking enforcement where none has previously applied, introduction of time-limited free parking, or reductions
in the time limit within which free parking is available. Given the need to avoid confusion and clutter at entrances the test is whether the fact that a change has been made is clearly
signalled to drivers on entering the land and the nature of the change is clearly displayed thereafter – it may also be necessary to install repeater notices depending on the scale of
the premises.
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #10 on: »
Thank you for that.

The Pure Gym staff has just clarified:

"It changed as of the 8th. The rule itself has been in place since 2024, but the system wasn't working and they reset it and didn't give us much notice to get the word out."

So it sounds like the signs may have been there for a while but they just weren't enforcing it until the 8th?

If so do you think that still constitutes a material change?
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #11 on: »
Surely it’s
Quote
introduction of parking enforcement where none has previously applied
?
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #12 on: »
Not really if the signage has been place since 2024, not enforcing it is not a change to the advertised terms. If however the terminal or whatever is provided for Pure gym members to validate their parking was not working or not available that might be a more solid defence. Pretty sure Parkingeye won't see it that way though, POPLA might.
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #13 on: »
To update, received a letter from ParkingEye saying the PCN has been cancelled. Thanks for your help
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Re: Parkingeye PCN - Overstay - Home Bargains Wey Retail Park, Byfleet (Pure Gym use)
« Reply #14 on: »
Good.
Thank you for letting us know.
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