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Over-stayed welcome in 15 min waiting zone for the Red Jet by 9 mins. Also changed spaces during the wait (moved up the queue). Ferry was delayed. This was back in June (14th). Had a PCN land today (13th Sept) from parking eye for £100 (£60 if paid early). Pay and move on, or do I have clear grounds for appeal? This seems a bit rich, but I don't particularly have the energy or capacity to get into a protracted letter writing saga.
Word of warning to others I guess - don't hang around on Town Quay!
It's a PCN, pay it now and try to forget about the expensive day, no point fighting it and no chance of it being rescinded, it's not a fixed penalty so no options of avoiding court if you don't pay!
What are you supposed to do if the boat is late?
The Money Saving Expert parking forums is good for defending these so called 'tickets'. https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking
first thing you must do if you're going to fight it is complain to red jet in writing and see if they will do anything about it
What are you supposed to do if the boat is late?
Get the Ferry company to help. Mrs K just got fined at a car park assisting McDonalds after they got 7 kids order wrong twice. A call to McD's HQ followed by a call to the Franchise and the Franchise Manager is organising to have it cancelled.
don’t hang around on Town Quay!
The public highway or the ferry car park?
I think it's all private (ABP) and operated under lease/license to a range of tenants. Thanks all for your input - I'll see how far I get with one call to Red Funnel, but anticipate paying, moving on and arranging other pick up/drop off arrangements in the future.
Unlike most 'private' car parks, it's not relevant land under the POFA regs (where they persue the vehicle keeper for costs).
DO NOT reveal that you were driving
DO NOT contact Red Funnel, they're owned by ABP and couldn't care.
Now go to http://forums.pepipoo.com/ for advice
If it is an ANPR car park then under the terms of PoFA Schedule 4 the car park operator must issue the PCN within 14 days.
Here is a link to a handy DOT summary and the tables at the back are your friend. Note the 14 day timescale is as per the flowchart on pg. 19 and as per Flowchart B you then have 28 days to pay or hand over the details of the driver.
@daveatextremistsdotcouk speaks the truth.
Don't reveal who was driving.
PoFA can't be used to transfer liability to the vehicle's owner in this case as the 'ticket' was issue on harbour land.
You can't ignore the ticket though.
Why isn't PoFA applicable, why is this land different? Always worth appealing directly to ParkingEye, would get resolved quicker than going through the land owner, was the ferry being late a legit reason for being where you were for how long you were.
POFA not normally applicable at most harbours.
Parking Eye only want money and reject all appeals
Late ferry is not an applicable reason
If you have to appeal, just say 'the driver' did this/ that. No 'I' 'we' "he' etc
i.e don't give them a chance to identify who was driving.
Parking Eye only want money
Err, yes, they are a business, that's why they exist, however they have customers, if lots of PCNs get issued when they shouldn't it really causes grief for their customers.
reject all appeals
Actually that's complete rubbish, ParkingEye grant about 60% of appeals, no point in chasing a dodgy ticket. However they do win about 90% of appeals that go to POPLA which suggests the PCNs they do pursue are legit.
Ermmm no stumpyjon.
Most of these 'businesses' are ex bully boy clamping companies.
Most parking companies *do* reject the initial appeal to the company. Preferring it to go to POPLA (if they do subscribe to POPLA not all do, IPC is an even more kangaroo 'court').
The consistency of POPLA is completely dependent on the experience of the appeals assessor and their interpretation of the BPA code of conduct and the PoFA. These assessors aren't lawyers.
Sir Greg Knight was so concerned about the state of private parking he brought a private members bill. Currently stalled. https://bills.parliament.uk/bills/2076
Why isn’t PoFA applicable, why is this land different?
PoFA allows these parking companies to transfer it's 'claim' or 'invoice' to the keeper of the car if the driver isn't identified. This can only be done on 'relevant land' according to the act. Harbours and Train stations aren't considered 'relevant' land according to the act.
I've batted away 3 of these PCNs recently. All issued unfairly. It takes a bit of time to get your head around how to appeal. There isn't any silver bullet (although in this case the harbour ticket IS the silver bullet).
My advice would be
1) Letter to Ferry Company
2) Letter to parking company
I wouldn't expect them to back down. DON'T reveal who was driving use 'we', 'the driver' not 'I'.
Get ready for a POPLA appeal where the main point is 'not relevant land'', driver not identified keeper not liable.
Pepipoo and MSE Parking Ticket Forums have loads of advice. A few hours reading / writing and the ticket will go away eventually.