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#Post#: 59759--------------------------------------------------
Parkingeye Ltd - PCN - Overstay - Doncaster St. James
DIR By: gliderpilot63
Date: February 26, 2025, 8:40 am
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Hope someone can offer some guidance so that I can help a friend
who has received the below PCN from Parkingeye Ltd.
As I understand it, my friend drove into the car park and needed
to stay for more than 24 hours. Apparently it took a little
while before it became clear that there was not an option to
park for this length of time, so my friend left the car park.
My friend has limited mobility and it took a while to view a
couple of signs and to speak to someone who advised where the
nearest long-stay car park could be found.
Overall length of time in the car park was just under 10 minutes
as noted on the NTK.
Thanks in advance.[attachimg=1]
[attachment deleted by admin]
#Post#: 59800--------------------------------------------------
Re: Parkingeye Ltd - PCN - Overstay - Doncaster St. James
DIR By: b789
Date: February 26, 2025, 2:22 pm
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Does your friend's "limited mobility" come under the Equality
Act 2010 as a "protected characteristic"? Do they have Blue
Badge?
Is the location St James Church, Doncaster? If so, can your
friend go back to the church and ask someone in charge there to
get Parking Eye to cancel the Parking Charge Notice (PCN)? That
would be their Plan A.
There are several technical flaws with the Notice to Keeper
(NtK) that can be used in any appeal or even in court. However,
that is a long way off. The Keeper has until 26th March to
appeal, so no rush and PE will reject any appeal anyway.
#Post#: 59813--------------------------------------------------
Re: Parkingeye Ltd - PCN - Overstay - Doncaster St. James
DIR By: gliderpilot63
Date: February 26, 2025, 2:59 pm
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--- Quote from: b789 link ---
>
> Does your friend's "limited mobility" come under the Equality
Act 2010 as a "protected characteristic"? Do they have Blue
Badge?
>
> Is the location St James Church, Doncaster? If so, can your
friend go back to the church and ask someone in charge there to
get Parking Eye to cancel the Parking Charge Notice (PCN)? That
would be their Plan A.
>
> There are several technical flaws with the Notice to Keeper
(NtK) that can be used in any appeal or even in court. However,
that is a long way off. The Keeper has until 26th March to
appeal, so no rush and PE will reject any appeal anyway.
>
--- End Quote ---
Thanks for your reply. I do not believe they have a Blue Badge.
Knee problems mean that walking is painful and slow.
I do not know whether the car park is St James Church,
Doncaster. I will ask in case that is known. If St James
Church car park is for the Church itself, I doubt it, as they
were trying to park to go on a train journey to London, so I
suspect that they were looking for rail parking. They will
certainly have had no business with the Church.
#Post#: 59818--------------------------------------------------
Re: Parkingeye Ltd - PCN - Overstay - Doncaster St. James
DIR By: gliderpilot63
Date: February 26, 2025, 4:02 pm
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Just found that the car park is St James Church, Doncaster.
However, my friend lives too far away from Doncaster to make a
trip to the Church to request cancellation practical.
The driver does not hold a Blue Badge.
#Post#: 59829--------------------------------------------------
Re: Parkingeye Ltd - PCN - Overstay - Doncaster St. James
DIR By: b789
Date: February 26, 2025, 6:16 pm
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OK. Remind us in a few days to put together an appeal based on
the information you have provided and the technical failures in
their NtK.
#Post#: 59832--------------------------------------------------
Re: Parkingeye Ltd - PCN - Overstay - Doncaster St. James
DIR By: DWMB2
Date: February 26, 2025, 7:01 pm
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The starting point for any appeal here will be the duration of
the stay and the circumstances of the driver. From a very loose
estimate there are 500+ words on that T&Cs sign.
Assuming a reading speed of 230wpm that's at least 2 minutes
just to properly consider the terms of the contract. Add to that
the time taken to drive in and park up in a space in what
appears to be a 300 space car park, then the time taken to walk
to the payment machine and T&Cs sign with limited mobility, then
the time taken to walk back again having decided against parking
there, and finally the time taken to drive back out.
Put all that together and a 'stay' of 9 minutes seems entirely
reasonable, warranting a departure from the minimum
consideration period of 5 minutes.
I note you mention the driver does not have a blue badge, but do
they have any sort of diagnosis to refer to? As b789 has noted,
if the driver was disabled, then once it is brought to
ParkingEye's attention, an argument can be made that they should
make a reasonable adjustment for this and cancel the charge.
#Post#: 59844--------------------------------------------------
Re: Parkingeye Ltd - PCN - Overstay - Doncaster St. James
DIR By: gliderpilot63
Date: February 27, 2025, 4:23 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> OK. Remind us in a few days to put together an appeal based on
the information you have provided and the technical failures in
their NtK.
>
--- End Quote ---
Will do. That would be great, thanks
#Post#: 59845--------------------------------------------------
Re: Parkingeye Ltd - PCN - Overstay - Doncaster St. James
DIR By: gliderpilot63
Date: February 27, 2025, 4:35 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> The starting point for any appeal here will be the duration of
the stay and the circumstances of the driver. From a very loose
estimate there are 500+ words on that T&Cs sign.
>
> Assuming a reading speed of 230wpm that's at least 2 minutes
just to properly consider the terms of the contract. Add to that
the time taken to drive in and park up in a space in what
appears to be a 300 space car park, then the time taken to walk
to the payment machine and T&Cs sign with limited mobility, then
the time taken to walk back again having decided against parking
there, and finally the time taken to drive back out.
>
> Put all that together and a 'stay' of 9 minutes seems entirely
reasonable, warranting a departure from the minimum
consideration period of 5 minutes.
>
> I note you mention the driver does not have a blue badge, but
do they have any sort of diagnosis to refer to? As b789 has
noted, if the driver was disabled, then once it is brought to
ParkingEye's attention, an argument can be made that they should
make a reasonable adjustment for this and cancel the charge.
>
--- End Quote ---
Thanks DWMB2. The car park was busy and almost full when they
arrived. They ended up trying two separate spaces which were
too tight to for the driver to be able to get out of the car,
before finding a third which was big enough to do so. They then
went to the ticket machine to find that there was no option for
parking over 24 hours and then went to the sign to see if there
was any mention of parking for longer periods.
A few years ago that particular car park allowed long-term (i.e.
over 24 hours) parking and the driver went there because in the
past that is where they had parked when leaving the car for a
few days. Anecdotally, after they left this car park they
immediately went to another nearby car park, also run by
ParkingEye, and parked successfully for the duration of their 2
day visit to London. Paying for that stay was not
straightforward, but they have the receipts if for any reason
they receive another PCN.
The driver has one replacement knee, walks with a stick and is
on a waiting list for the other knee to be replaced. All of
this can be evidenced.
#Post#: 59852--------------------------------------------------
Re: Parkingeye Ltd - PCN - Overstay - Doncaster St. James
DIR By: Dave65
Date: February 27, 2025, 5:22 am
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Would the 5 minutes issue come under the change in this new CoP
just come out?
#Post#: 59861--------------------------------------------------
Re: Parkingeye Ltd - PCN - Overstay - Doncaster St. James
DIR By: DWMB2
Date: February 27, 2025, 5:50 am
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I'm not sure the new rule is of any relevance... That rule
relates to cases where payment is made, but it takes the
motorist longer than the time the operator allows.
Here the driver chose not to accept the contract on offer and
left, and the argument is that due to a range of factors
(discussed above), they needed longer than 5 minutes for this.
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