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#Post#: 23063--------------------------------------------------
Parking Eye PCN – Overstayed free period – Airport Business
Park, Southend
DIR By: Biggles
Date: May 19, 2024, 8:44 am
---------------------------------------------------------
A friend visited the new Costa at the Southend Airport Business
Park on May 11th. Streetview reference is here.
HTML https://www.google.com/maps/@51.5761189,0.6822333,3a,75y,223.1h,85.31t/data=!3m7!1e1!3m5!1s_Myco4k1zSEG-Z0jiUyhKw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3D_Myco4k1zSEG-Z0jiUyhKw%26cb_client%3Dmaps_sv.tactile.gps%26w%3D203%26h%3D100%26yaw%3D52.97656%26pitch%3D0%26thumbfov%3D100!7i16384!8i8192?coh=205409&entry=ttu
Being a recently opened branch, it’s not one she’s familiar
with. The ANPR controlled car park allows 90 minutes of free
parking. The car park is well labelled with Parking Eye’s
boards. Costa customers wishing to stay longer, up to 3 hours,
have to input their car’s reg number into a little tablet beside
the counter where you collect your drink.
My friend didn’t spot the A4 sign on Costa’s door which stated
the 90 minute limit, and due to a cluster of people waiting to
collect their order, she couldn't see the tablet to enter your
details. Other than the sign beside the tablet, there are no
further signs regarding parking, and it was not mentioned at the
point of ordering.
A PCN was issued on May 15th, stating my friend stayed for 2hrs
19 minutes. My friend is the registered owner of her car, and
holds the V5.
Plan A is already in action, with an email sent off to Costa
Coffee, although from what I’ve seen on MSE, whether they cancel
seems to depend on who picks up your email.
Assuming Plan A doesn’t work, is there anything on the PCN which
she can challenge?
PCN page 1
HTML https://ibb.co/ZxsS22C
PCN page 2
HTML https://ibb.co/YypcmLC
Car park sign
HTML https://ibb.co/YT0Rj1J
Tablet beside counter
HTML https://ibb.co/RGKMVzy
Sign on door
HTML https://ibb.co/S524FL4
Tablet by counter
HTML https://ibb.co/DzGw41C
#Post#: 23067--------------------------------------------------
Re: Parking Eye PCN – Overstayed free period – Airport Business
Park, Southend
DIR By: b789
Date: May 19, 2024, 10:07 am
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There is one point, which I will come to. However, I think
you'll be hard pressed to say that there is insufficient notice
that customers who wish to stay longer than 90 minutes need to
input their VRM into a terminal within Costa.
For your Plan A, you should really be aiming as high up the
Costa management food chain as possible. Find an email address
for the CEO and start there.
Regarding an appeal point that may or may not work for Plans B
and C is a failure to fully comply with the strict requirements
of PoFA 9(2)(e)(i) as I cannot see anywhere in that NtK an
invitation to the keeper to pay the charge. Because of this,
they cannot rely on the provisions of PoFA to hold the keeper
liable. As they don't know the identity of the driver (who is
liable) they have nowhere to go.
Another point will depend on where exactly this Costa is
actually located. If it is indeed in the car park of the
airport, it may not be on "relevant land" for the purposes of
keeper liability.
So, under no circumstances identify who was driving. Any appeal
or communication is from the keeper only.
Having just tried to find the exact location of this Costa
Coffee based on the location identified on the NtK, I am
confused. Where exactly is this Costa coffee? A Google Maps
search reveals only a Costa within the terminal. The NtK says
"Costa Coffee Southend Airport, Southend" and on the back of the
NtK it states "Costa Coffee Southend Airport, Southend Car
Park".
With a location that is undoubtedly ambiguous, you have another
PoFA appeal point (9(8)(a)) that should get this cancelled at
Plan C, POPLA stage. I had one like this recently and appealed
to POPLA where ParkingEye withdrew the PCN before adjudication.
If it comes to that, I will provide you with the wording of that
POPLA appeal.
I must stress that any PoFA appeal points are only valid as long
as the drivers identity is not revealed, inadvertently or
otherwise.
#Post#: 23110--------------------------------------------------
Re: Parking Eye PCN – Overstayed free period – Airport Business
Park, Southend
DIR By: Biggles
Date: May 19, 2024, 4:51 pm
---------------------------------------------------------
Many thanks for your input. Very interesting to get your
thoughts. I also suspected there was more than enough signage
to use that as an arguement, so we'll bin that idea.
--- Quote ---
> Another point will depend on where exactly this Costa is
actually located. If it is indeed in the car park of the
airport, it may not be on "relevant land" for the purposes of
keeper liability.
>
> Having just tried to find the exact location of this Costa
Coffee based on the location identified on the NtK, I am
confused. Where exactly is this Costa coffee? A Google Maps
search reveals only a Costa within the terminal. The NtK says
"Costa Coffee Southend Airport, Southend" and on the back of the
NtK it states "Costa Coffee Southend Airport, Southend Car
Park".
--- End Quote ---
It took me a while to find the Costa myself, not being familiar
with the area. It's so new that there's not much reference to
it yet. It's not on what I know to be airport land, but rather
off a spine road called Cherry Orchard Way, to the west side of
the airport site. There are retail parks popping up on either
side of Cherry Orchard Way, and the Costa is in one of these new
retail parks, here.
HTML https://www.google.com/maps/place/Costa+Coffee/@51.5717621,0.688073,15z/data=!4m15!1m8!3m7!1s0x47d8d9698bd0e2ef:0xd9cdd1b32ea86510!2sCherry+Orchard+Way!3b1!8m2!3d51.5747493!4d0.6806272!16s%2Fg%2F1vm79qwp!3m5!1s0x47d8d9833a1855f1:0xf7776fb472386e0e!8m2!3d51.57594!4d0.68247!16s%2Fg%2F11p0vrbsdl?entry=ttu<br
/> The postcode is SS4 1YH.
--- Quote ---
> Regarding an appeal point that may or may not work for Plans B
and C is a failure to fully comply with the strict requirements
of PoFA 9(2)(e)(i) as I cannot see anywhere in that NtK an
invitation to the keeper to pay the charge. Because of this,
they cannot rely on the provisions of PoFA to hold the keeper
liable. As they don't know the identity of the driver (who is
liable) they have nowhere to go.
--- End Quote ---
This is interesting. They have written to my friend as keeper,
using her full name. Should they not have done that? I have
instructed my friend to make no contact with them at this point,
so they won't get any confirmation of the driver.
#Post#: 23127--------------------------------------------------
Re: Parking Eye PCN – Overstayed free period – Airport Business
Park, Southend
DIR By: b789
Date: May 19, 2024, 7:13 pm
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Your friend should still complain as high up the management
chain of Costa. Whilst it may seem obvious that they should have
known that they had to enter their VRM into the terminal in
order to be permitted to stay longer than 90 minutes as a
customer, the fact is, your friend didn’t, for whatever reason.
Maybe the signs weren’t prominent or clear enough. It doesn’t
matter.
Costa should not have their patrons subjected to a speculative
£100 invoice for an alleged breach of contract from an
unregulated private parking company because they were a patron
for more than 90 minutes. What kind of customer service is that
to loyal patrons spending money with them.
However, now that you’ve explained where the Costa is, they are
probably not the landowner who contracted Parking Eye to manage
the car park. If it’s a retail site, you would need to find out
who the landowner or estate manager is and ask them to get PE to
cancel the PCN. Still write to Costa as they may be able to
request the estate management to get the PCN cancelled. Your
friend was not some rogue motorist using the parking space
nefariously without being a customer.
The fact that the location of the Costa is ambiguous means that
they have again, failed to fully comply with the strict
requirements of PoFA.
ParkingEye have no idea who the driver is. They can only get the
registered keepers details from the DVLA. What PoFA 2012 does,
IF they fully comply with the strict requirements of PoFA, is
allow them to go after the keeper if they don’t know the
identity of the driver. However, the keeper is under no legal
obligation to identify the driver and an unregulated private
parking company cannot assume or infer that the keeper was also
the driver. Hence the reason to only communicate as the keeper.
In the meantime, your friend needs to continue with Plan A. If
that hasn’t succeeded by the 27th day after the PCN was issued,
the Plan B appeal goes in. Don’t miss that deadline though. Just
show us what your friend is planning to put in that appeal
before it’s submitted.
#Post#: 23405--------------------------------------------------
Re: Parking Eye PCN – Overstayed free period – Airport Business
Park, Southend
DIR By: Biggles
Date: May 21, 2024, 8:44 am
---------------------------------------------------------
The informal email to Costa's customer service produced the
expected "Sorry, we can't help" reply. Her friend, who also
drove and fell into the Parking Eye trap, received the exact
same email, word for word. It's almost like they deal with this
sort of event on a regular basis ::)
Costa customer service reply
HTML https://ibb.co/RPcYytC
She then emailed the CEO via the executive complaints email
address and got the exact same email, also from Rosario at the
customer services team, again. Clearly they screen all the
incoming emails.
#Post#: 23407--------------------------------------------------
Re: Parking Eye PCN – Overstayed free period – Airport Business
Park, Southend
DIR By: b789
Date: May 21, 2024, 8:58 am
---------------------------------------------------------
Should have just gone to the top to begin with instead of
wasting time with whoever sent you that email. They obviously
have no comprehension about the difference between a fine" and
an invoice from a private company. That person is also oblivious
to keeping their customer happy.
Looking at the location on GSV, the images from May last year do
not show any signage at the location. Has that changed?
#Post#: 23410--------------------------------------------------
Re: Parking Eye PCN – Overstayed free period – Airport Business
Park, Southend
DIR By: Biggles
Date: May 21, 2024, 9:43 am
---------------------------------------------------------
The standard Parking Eye sign boards are there, dotted around
the car park - five of them, at a reasonable height, which is
why I discounted my friend's chance of claiming insufficient
signage. I posted an example of them in the first post, if you
can see anything on there which we can use?
Their CEO is a French chap named Philippe Schaillee, and I
cannot find an email for him, other than the executive
complaints one which my friend already used, and sent her back
to "Rosario". At this point, I am quite sure that "Rosario" is
either a not, or a generic name used by all their customer
service people. Costa seem to be very good at hiding their staff
email addresses, urging you to use the generic contact form on
their website.
"Rosario" wouldn't tell us who the landlord was, even when asked
flat out for that information and nothing else. We've done our
own detective work and have finally found out ourselves. It's a
local group of "property consultants", Dedman Gray
HTML https://www.dedmangray.co.uk
, who deal with new homes,
residential property sales, buying and renting commercial
property, land and auctions. Having got them to confirm that
they're the landlords, we're now gearing up to deal with them.
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