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#Post#: 30111--------------------------------------------------
ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs, London
DIR By: Azura94
Date: July 16, 2024, 7:26 pm
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Hello,
A few days ago, I, as the registered keeper of the vehicle,
received a PCN for overstaying in ASDA's car park.
1. Front -
HTML https://ibb.co/4P8YNk2
2. Back -
HTML https://ibb.co/hc53Qh1
3. Sign in car park -
HTML https://ibb.co/jkynBcP
It appears my car was there for 47 minutes, according to the
PCN, whereas the maximum time limit for that specific time/day
(Saturday, 22:25 - 23:12) is 20 minutes, so I don't think that
would be a point of contention.
I have noticed a couple of peculiarities about the letter, the
first is that although they've got the registered keeper's name
pretty much correct, they've put an asterick after my middle
name, missed out the space between my first and second surnames.
The second, is that their photographic evidence is almost
entirely black, except for the vehicle's headlights, and the
registration plate - I'm not sure if they intentionally obscur
the rest of the image, or that is just all of the evidence they
have (I have censored out the regristration number, but can
provide the unedited image if it helps my case). Finally, on the
back of the PCN, it says "... a Parking Charge is applicable if
the vehicle remains within the car park for longer than the 0
hours 0 minutes max stay time" - the information here is
incorrect, the maximum time should have stated "0 hours and 20
minutes".
I've also read that many people have ignored PCNs from
ParkingEye and got away with it, but I'm not sure how risky this
is.
Any advice would be greatly appreciated.
Thank you.
#Post#: 30115--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: b789
Date: July 17, 2024, 12:40 am
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The advice to ignore a PCN went out the window in 2012 when PoFA
became law. In particular, you don’t ignore a PE PCN.
As long as the Notice to Keeper is addressed to the keeper,
small anomalies as you have described will not get it cancelled
if it’s obviously addressed to the correct person. Also, the
photos are from ANPR and they have done what it says on the tin.
They are not for anything else and the fact that the image is
dark is irrelevant. No legs there.
Why did the driver stay on private land for longer than 20
minutes on the date concerned? Is the ASDA store closed at that
time?
As for dealing with the PCN, there are a few options to consider
and may also depend on what you answer to the questions I just
asked.
Under no circumstances, for now at least, identify the driver.
The driver is unknown. The keeper is known. The driver is always
liable but if the NtK is fully compliant with all the
requirements of PoFA, that liability can be transferred from the
unknown driver to the known keeper. The only way PE would know
the identity of the driver is if the keeper blabs it,
inadvertently or otherwise.
There are a few “technical” anomalies with the NtK that may get
it cancelled, eventually, including the discrepancy between the
terms on the sign and the claimed permitted time in the NtK, a
failure to fully comply with all the strict requirements of PoFA
9(2)(e)(i) in order to be able to hold the keeper liable and
breaches of the new joint Code of Practice at 17.2.1(e).
Before we can go into detail, please answer the questions I
asked as there may be other reasons that this could be appealed
on.
#Post#: 30130--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: Azura94
Date: July 17, 2024, 4:20 am
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Hello,
Thank you for your response.
So the story is that the driver originally went to the car park
thinking the ASDA was still open, but after seeing it was closed
upon arrival, decided to park up and walk to another shop
nearby. After returning to the car (would have been less than 20
minutes), the driver then gave their passenger a quick driving
lesson before leaving.
So, the car wasn't stationary within the car park during the
overstay period, but I'm assuming this also isn't a valid
grounds for appeal.
Thank you.
#Post#: 30136--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: b789
Date: July 17, 2024, 4:57 am
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And what was the thinking behind giving a driving lesson on
private land? Was the driver aware of any restrictions? If not,
why not?
#Post#: 30142--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: Azura94
Date: July 17, 2024, 5:45 am
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The thinking was that an empty car park would be the safest
place as there wouldn't be anything for the learner to hit. The
driver thought that the parking restrictions only applied to
stationary vehicles, and since the car was actually moving, it
did not constitute as "parking", however after reviewing the
sign, it does state "stay".
The driver was aware of the restrictions regarding maxmimum stay
of 3 hours between the hours of 6am-12am, but didn't realise
this didn't apply on the Saturday (again, no excuse, the sign
does say this).
#Post#: 30152--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: b789
Date: July 17, 2024, 6:05 am
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So, was the signage adequate? Was it prominent and did it
adequately bring to the drivers attention the sum payable for
breaching the terms?
For future reference, avoid using private land for parking and
especially teaching someone to drive. Would you allow the public
to use your driveway without them considering the consequences?
#Post#: 30158--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: Azura94
Date: July 17, 2024, 6:19 am
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In all honesty, I'd say the signage was adequate, I did attach a
link in the original post with the sign if you wanted to see for
yourself. Noted about the point using their land for the lesson,
just not sure of anywhere else the driver could have done it
safely.
I was hoping more to contest based on the PCN that they sent me,
and any technical errors it may include, such as the incorrect
time limit, or perhaps any legal references which I am
unfamiliar with.
#Post#: 30185--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: WhoLetTheScamsOut
Date: July 17, 2024, 8:27 am
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OP you might want to reupload the back of the PCN as your reg is
visible and anyone with illcontent can access your PCN as the
reference number is visible on front page.
#Post#: 30188--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: DWMB2
Date: July 17, 2024, 8:45 am
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--- Quote from: Azura94 link ---
>
> Please could a mod update the post with the above?
>
--- End Quote ---
Sorted.
#Post#: 30202--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: Azura94
Date: July 17, 2024, 10:40 am
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Thank you for the edit to my post.
Ah no, as I was replying to the question, I was doing so as if
it was being directed to me, accidently. I have updated that
response with the correct language, thank you.
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