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#Post#: 17034--------------------------------------------------
Parkingeye PCN - Queens School South Bushey - South
By: ConfusedD Date: March 9, 2024, 6:55 am
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We just found this parking charge notice, which we must have
received last week, but it got tucked under the front door mat
and went unnoticed. So, it's already been 9 days past due.
The PCN was issued for parking in Queens School South Bushey for
16 minutes.
This is where we go on a weekly basis to pick up our kid after
cricket club. We usually pay for parking as we stay to watch the
game, but that day we only did drop off and pickup. We parked in
front of the building where others were also parked. My partner
went inside to pick up the kid, and it took some time as he had
to remove all the cricket gear. However, I was in the car the
entire time outside the building, not in the parking bay.
Looking at the ticket, I assume the time is calculated since we
entered the South Wing premises.
I would like to appeal based on the mitigating circumstances, as
there were other cars parked in the front, and had I known the
kid would take longer, I would have moved inside the parking
area and paid.
The forum has been incredibly helpful, and everyone has been so
kind to help me in the past. So, do you think its worth
appealing?
[attachment deleted by admin]
#Post#: 17039--------------------------------------------------
Re: Parkingeye PCN - Queens School South Bushey - South
By: b789 Date: March 9, 2024, 8:13 am
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Remaining in the car irrelevant as a mitigating factor. By
remaining for 16 minutes, the driver has exceeded any
consideration period which should be a minimum of 5 minutes.
Can you get photos of the actual signage at the location?
Have you tried Plan A yet? Plan A is to contact the landowner
(possibly the school in this instance) and asked them to get the
PCN cancelled? That is by far the easiest method to make this
disappear. Plan B will be an appeal to PE. They are unlikely to
feel sorry for the driver or keeper (who can be liable as the
NtK is PoFA compliant).
If Plan B fails, you then move on to Plan C which would be an
appeal to POPLA where mitigation is not considered at all. POPLA
will only consider legal points and breaches of the BPA Code of
Practice (CoP) so you need to throw as many appeal points as
possible at them. PE has to rebut all the appeal points. The
keeper only has to win on one.
There are possibly other factors that can be appealed on such as
signage. Having looked at the location in GSV, whilst the
pictures are from May 2022, there does not appear to be any
adequate signage at the entrance to warn the driver that they
are entering private and controlled by an unregulated private
parking company.
The BPA CoP section 19.2 states:
Entrance signs play an important part in establishing a parking
contract and deterring trespassers. Therefore, as well as the
signs you must have telling drivers about the terms and
conditions for parking, you must also have a standard form of
entrance sign at the entrance to the parking area. Entrance
signs
must tell drivers that the car park is managed and that there
are terms and conditions they must be aware of. Entrance signs
must follow some minimum general principles and be in a standard
format. The size of the sign must take into account the expected
speed of vehicles approaching the car park, and it is
recommended that you follow Department for Transport guidance on
this. See Appendix B for an example of an entrance sign and more
information about their use.
A standard form of entrance sign must be placed at the entrance
to the parking area. There may be reasons why this is
impractical, for example:
• when there is no clearly defined car park entrance
• when the car park is very small
• at forecourts in front of shops and petrol filling stations
• at parking areas where general parking is not permitted
#Post#: 17077--------------------------------------------------
Re: Parkingeye PCN - Queens School South Bushey - South
By: ConfusedD Date: March 10, 2024, 7:31 am
---------------------------------------------------------
[quote author=b789 link=topic=1454.msg17039#msg17039
date=1709993618]
Remaining in the car irrelevant as a mitigating factor. By
remaining for 16 minutes, the driver has exceeded any
consideration period which should be a minimum of 5 minutes.
Can you get photos of the actual signage at the location?
Have you tried Plan A yet? Plan A is to contact the landowner
(possibly the school in this instance) and asked them to get the
PCN cancelled? That is by far the easiest method to make this
disappear. Plan B will be an appeal to PE. They are unlikely to
feel sorry for the driver or keeper (who can be liable as the
NtK is PoFA compliant).
If Plan B fails, you then move on to Plan C which would be an
appeal to POPLA where mitigation is not considered at all. POPLA
will only consider legal points and breaches of the BPA Code of
Practice (CoP) so you need to throw as many appeal points as
possible at them. PE has to rebut all the appeal points. The
keeper only has to win on one.
There are possibly other factors that can be appealed on such as
signage. Having looked at the location in GSV, whilst the
pictures are from May 2022, there does not appear to be any
adequate signage at the entrance to warn the driver that they
are entering private and controlled by an unregulated private
parking company.
The BPA CoP section 19.2 states:
Entrance signs play an important part in establishing a parking
contract and deterring trespassers. Therefore, as well as the
signs you must have telling drivers about the terms and
conditions for parking, you must also have a standard form of
entrance sign at the entrance to the parking area. Entrance
signs
must tell drivers that the car park is managed and that there
are terms and conditions they must be aware of. Entrance signs
must follow some minimum general principles and be in a standard
format. The size of the sign must take into account the expected
speed of vehicles approaching the car park, and it is
recommended that you follow Department for Transport guidance on
this. See Appendix B for an example of an entrance sign and more
information about their use.
A standard form of entrance sign must be placed at the entrance
to the parking area. There may be reasons why this is
impractical, for example:
• when there is no clearly defined car park entrance
• when the car park is very small
• at forecourts in front of shops and petrol filling stations
• at parking areas where general parking is not permitted
[/quote]
Thank you for your response.
We will head out today to take pictures, both at the location
waiting area where the car was parked and at the entrance to the
car park where the pictures was taken.
I tried plan A, but the school simply stated that they have no
control over this, and its something we need to take up with the
parking company. People parking there should either pay at the
parking meter or via the app. There is no free parking, and
clearly sitting in the car makes no difference.
I will appeal our Plan B to the PE, however if it progresses to
pplan C worried that the discount amount will no longer apply.
#Post#: 17079--------------------------------------------------
Re: Parkingeye PCN - Queens School South Bushey - South
By: b789 Date: March 10, 2024, 8:07 am
---------------------------------------------------------
Maybe a reminder to the school (assuming that they may have
contracted the PPC to operate there) that they are jointly and
severally liable for the actions of their agents may spur some
recognition that the PPC don't just operate there without
licence.
Also, a question about who is the monkey and who is the organ
grinder in their contractual agreement with the PPC may induce a
comment that is more than a shrug-off.
#Post#: 17128--------------------------------------------------
Re: Parkingeye PCN - Queens School South Bushey - South
By: ConfusedD Date: March 11, 2024, 7:53 am
---------------------------------------------------------
[quote author=b789 link=topic=1454.msg17079#msg17079
date=1710076048]
Maybe a reminder to the school (assuming that they may have
contracted the PPC to operate there) that they are jointly and
severally liable for the actions of their agents may spur some
recognition that the PPC don't just operate there without
licence.
Also, a question about who is the monkey and who is the organ
grinder in their contractual agreement with the PPC may induce a
comment that is more than a shrug-off.
[/quote]
I'm not sure if I fully understand this, but I now have a
contact email, whom I can email about my PCN, as I feel that
asking for a minimum fine of £60 for parking for only 16 minutes
is outrageous. However, I would appreciate some support on what
to check about the contractual agreement.
#Post#: 17136--------------------------------------------------
Re: Parkingeye PCN - Queens School South Bushey - South
By: b789 Date: March 11, 2024, 9:00 am
---------------------------------------------------------
Next time you go to the school, take some pictures of the
signage and show us.
The school telling you that they cannot do anything about it and
that you should contact the parking company is a "shrug off",
especially as it is likely that it is the school that have
contracted them in the first place.
Contacting Parking Eye will be about as useful as a poke in the
arm with a sharp stick. They are only interested in one thing...
your money. It is the school you should be complaining to about
being invoiced for £100 by a third party, especially as you are
probably charged by them for extracurricular activities anyway.
As always, Plan A is the best and simplest option. Perhaps go
higher up the management food chain with your complaint to get
more than a shrug off. Plan B is appeal to PE and hope your
"mitigation" pull at the heartstrings of a ruthless company that
is only interested in how much they can squeeze out of you. Plan
C will be an appeal to POPLA if/when Plan B is rejected.
Unless you can convince a POPLA assessor that their client, PE,
have issued the PCN in breach of any law or BPA rule,, then that
is doomed to failure too. But never mind. A POPLA loss means
nothing in the scheme of things. You would then be in limbo
until/when Plan C kicks in.
Plan C is a court claim. Recent history shows that for a single
PCN PE will do on elf two things. They will either farm the
claim out to external debt collectors, most likely DCBLimited.
They will add £70 to the clam and send you a load of useless
letters threatening all sorts of nasty things like a CCJ or
bailiffs. It's just words and they are powerless to do anything
in reality. Eventually they will bring in the other arm of their
business, DCB Legal who will eventually send you a Letter of
Claim (LoC) and then an actual claim. This is actually good
because it is 99.99% guaranteed that f you defend the claim
robustly using a template defence, they will, eventually,
discontinue the claim and then it is over.
The other possibility is the PE will issue a claim themselves,
without using a third party solicitor. This is also good because
they have, in the last year, been adding £20 to the original
£100 charge which is not allowed. They have been so successful
adding the £20 charge because the majority of victims who have
not discovered their website of the MSE parking forums end up
paying out of ignorance and fear, that they have now increased
the add on to £25.
Whatever you decide to do, if you are adamant that this is an
unfair charge and ou are up for a fight that you have a good
chance of winning, then follow the plans described above.
#Post#: 17154--------------------------------------------------
Re: Parkingeye PCN - Queens School South Bushey - South
By: ConfusedD Date: March 11, 2024, 3:58 pm
---------------------------------------------------------
[quote author=b789 link=topic=1454.msg17136#msg17136
date=1710165640]
Next time you go to the school, take some pictures of the
signage and show us.
The school telling you that they cannot do anything about it and
that you should contact the parking company is a "shrug off",
especially as it is likely that it is the school that have
contracted them in the first place.
Contacting Parking Eye will be about as useful as a poke in the
arm with a sharp stick. They are only interested in one thing...
your money. It is the school you should be complaining to about
being invoiced for £100 by a third party, especially as you are
probably charged by them for extracurricular activities anyway.
As always, Plan A is the best and simplest option. Perhaps go
higher up the management food chain with your complaint to get
more than a shrug off.
[/quote]
Today, I tried calling the school again and got hold of an email
address. I've already sent an email explaining the mitigating
circumstances. Also, I spoke with another parent who confirmed
there's a 15-minute grace period for parking. I remember seeing
it myself last year before paying the parking charge. Since we
were just a minute over, I'm bit hopeful fingers crossed!!
Do we happen to have any recent templates or success stories
with the ParkingEye company?
I've attached the pictures I took from the site last week for
your reference.
[attachment deleted by admin]
#Post#: 17155--------------------------------------------------
Re: Parkingeye PCN - Queens School South Bushey - South
By: ConfusedD Date: March 11, 2024, 3:59 pm
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More pictures from the school
[attachment deleted by admin]
#Post#: 113487--------------------------------------------------
Re: Parkingeye PCN - Queens School South Bushey - South
By: Userhkp Date: March 16, 2026, 9:48 pm
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Please can somebody reshare the photos of the signage. Even more
useful to me, if they could send picture of the signage as of
now during the evening / night time.
I received a ticket here. Have never visited the site before.
Did not see any signage. It was dark and I want to dispute.
I don't want to make the journey back to the car park to take
the photos.
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