ParkingEye Grace Period

clive elsdon made this Freedom of Information request to Lake District National Park Authority

The request was partially successful.

From: clive elsdon

Dear Lake District National Park Authority,

Have you given ParkingEye authority to issue parking charges to
users of car parks owned by LDNPA but managed by ParkingEye?

As part of any such agreement relating to that authority, is there
a grace period agreed for the time it takes to enter and exit the
car park, including the time to actually make payment either at the
ticket machine or using the pay by phone system?

If ParkingEye issued a parking charge notice for an "overstay" that
was under the time allowed by the grace period built into any such
agreement would this mean that ParkngEye had broken the terms of
the agreement by which they could issue Parking Charge Notices on
land owned by LDNPA?

please confirm the grace period allowed in your Hawkshead Car
Parks.

Yours faithfully,

clive elsdon

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From: HQ

Thank you for contacting the Lake District National Park Authority.

Our offices are open Monday - Thursday 9 a.m. to 5 p.m. and on Fridays from 9 a.m. to 4.45 p.m.

We will reply to your email within seven working days.

Lake District National Park Authority
Murley Moss
Oxenholme Road
Kendal
LA9 7RL
01539 724555

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From: HQ

Dear Clive, Thank you for your email, I have passed your query on to the Car Parks team to look in to.

Kind regards.

Pauline

Pauline Richardson
Contact Centre Adviser
Lake District National Park Authority
Murley Moss, Oxenholme Road
Kendal, LA9 7RL
Tel 01539 724555
www.lakedistrict.gov.uk

show quoted sections

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From: Dave Shirley

Dear Mr Elsdon

 

Thank you for contacting the Lake District National Park Authority
regarding Hawkshead car park.

 

Parking Eye are contracted to manage the car park on our behalf.

 

There is a “period of grace” built into the system, and that is a time of
thirty minutes. So, in essence, a motorist who purchased a parking ticket
for one hour can be within the car park for a period of one hour and
thirty minutes.

 

As this is an automated system I cannot see how any circumstances would
arise as you describe in the last paragraph or your initial request.
However, if such an error did occur, the notice issued would be cancelled
upon appeal.

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to: Julie Wood, Solicitor, LDNPA,
Murley Moss, Oxenholme Road, Kendal, Cumbria, LA9 7RL or
[1][email address]

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

 

Yours sincerely

 

 

 

Dave Shirley

Property SolutionsTeam Supervisor

Lake District National Park

Coniston Boating Centre

Lake Road

CONISTON

LA21 8EW

 

01539 792612

07795 290081

 

 

This email contains information intended for the addressee only. It may be
confidential and may be the subject of legal and/or professional
privilege..
Any dissemination, distribution, copyright or use of this communication
without prior permission of the addressee is strictly prohibited. Any
views
or opinions presented are solely those of the author and do not
necessarily
represent those of the Lake District National Park Authority. Although
this
email and any attachments are believed to be free of any virus or other
defects which might affect any computer or IT system into which they are
received, no responsibility is accepted by the Lake District National Park
Authority for any loss or damage arising in any way from the receipt or
use
thereof. Computer systems of this Authority may be monitored and
communications carried out on them recorded, to secure the effective
operation of the system and for other lawful purposes.

References

Visible links
1. mailto:[email address]

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From: clive elsdon

Dear Dave Shirley,

You have answered one of the questions with a statement that says,
"As this is an automated system I cannot see how any circumstances
would arise as you describe in the last paragraph or your initial
request.
However, if such an error did occur, the notice issued would be
cancelled upon appeal. as the system is automated."

This does not answer my question at all. In that circumstance would
parking eye be in breach of the agreement, and thereby the criteria
by which they have your consent to access databases and persue a
registered keeper not be met?

It is a simple question, please answer it.

I can assure you that ParkingEye have indeed persued a registered
keeper (namley me) for a period wich was considerably less than the
grace period you have within your agreement. I had an "overstay" of
10 minutes, almost 7 minutes of which was BEFORE the time my hour
paid for started as this was the time taken to set up a PayByPhone
accout and pay the tariff, and three minutes to actually leave the
car park.

The DVLA, in answer to a request of why they issued my details to
ParkingEye have stated the following:

"ParkingEye have confirmed that they have a record of the vehicle
overstaying by 10 minutes. ParkingEye have also confirmed that due
to a system error, a parking charge was issued for this overstay
despite their ‘grace period’ for this site being 30 minutes.
ParkingEye have stated that the charge could still have stood as an
overstay did occur but they chose to cancel this."

Yes the charge was dropped, but only after I had spent 2 hours of
my own time writing an appeal to their Parking Charge Notice and
compiling evidence. That is two hours of my time that I should not
have had to waste!

Also, while you have confirmed that ParkingEye are contracted to
manage the car parks, you have not confirmed if you have autherised
them to persue registered keepers for parking charges on your
behalf.

Yours sincerely,

clive elsdon

Link to this

From: Dave Shirley

Dear Mr Elsdon

As you are not satisfied with the reply you received from me, I have referred this matter to our solicitor under the terms contained in the penultimate paragraph of the reply I sent you.

Yours sincerely

Dave Shirley
Property SolutionsTeam Supervisor
Lake District National Park
Coniston Boating Centre
Lake Road
CONISTON
LA21 8EW

01539 792612
07795 290081

show quoted sections

Link to this

From: Linda Wells


Attachment Car Park Charging on Lake District National Park Authority.docx
18K Download View as HTML


Dear Mr Elsdon

 

RE:  Your Enquiry

 

Thank you for your email of 4 November 2012 which was forwarded to me by
Dave Shirley on 5 November where you requested information about Parking
Eye’s access to the DVLA database to pursue a registered keeper.

 

I have looked at the information that you have already received and note
that you consider that not all of your questions have been adequately
dealt with. I therefore deal with the question raised in your email of 4
November below.

 

Parking Eye is a member of the British Parking Association and as such
have their own agreement with the DVLA to access the DVLA database to
determine the registered keeper of a vehicle. The National Park Authority
has no input into this agreement and the only way in which this agreement
would be breached is if Parking Eye failed to comply with the terms of
their agreement with DVLA. It would then be a matter for the DVLA to
pursue any breach and not the Authority. The Authority is not a party to
this contract.

 

To explain the Authority’s position in respect of car parking generally I
attach a copy of a note sent to Tim Farron on 14 September 2012 dealing
with the queries raised by him.

 

I trust that this assists.

 

If you are not content with the outcome of this internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:-

 

The Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

 

Yours sincerely

 

Julie Wood

Solicitor

Lake District National Park Authority

01539 792665

www.lakedistrict.gov.uk

 

 

This email contains information intended for the addressee only. It may be
confidential and may be the subject of legal and/or professional
privilege..
Any dissemination, distribution, copyright or use of this communication
without prior permission of the addressee is strictly prohibited. Any
views
or opinions presented are solely those of the author and do not
necessarily
represent those of the Lake District National Park Authority. Although
this
email and any attachments are believed to be free of any virus or other
defects which might affect any computer or IT system into which they are
received, no responsibility is accepted by the Lake District National Park
Authority for any loss or damage arising in any way from the receipt or
use
thereof. Computer systems of this Authority may be monitored and
communications carried out on them recorded, to secure the effective
operation of the system and for other lawful purposes.

Link to this

From: clive elsdon

Dear Linda Wells,

Thank you for your response.

Unfortunatley, the one element of my request which remained
un-answered before still appears to be un-answerd.

I will re-word it to see if I can make it any simpler:

In a LDNPA car park where a grace period of 30 minutes is allowed
are Parking Eye in breech of their agreement with the land owner
(LDNPA) if they issue a parking charge notice to someone who left
the car park within the period they had paid for and within that 30
minute grace period?

EG: 1 Hours Parking Paid For. Agreed grace period 30 minutes. Total
duration in car park 1 hour and 10 minutes.

The total duration includes time from entry, finding a space,
parking, reading tariffs & T&C's, setting up a pay by phone
account, paying, enjoying the hour of parking paid for, leaving the
car park.

My question to you is so that I can establish if Parking Eye
are/were obtaining informatioin on vehicles OUTSIDE of their
agreement with the Landowner (LDNPA.

I am not asking about the arrangements with the DVLA for access. I
know them, and believe me, I have asked them FOI questions on that
as well.

I do not need copies of previous corrispondance,especially where it
does not answer this specific question.

I just need a simple yes or a simple no.

Yours sincerely,

clive elsdon

Link to this

From: Linda Wells

Dear Mr Elsdon

 

Thank you for your email of 12 November 2012 relating to the grace period
in LDNPA car parks that are managed by Parking Eye.

 

The Authority’s contract with Parking Eye provides that Parking Eye manage
their car parks. The prices for parking are agreed between the LDNPA and
Parking Eye but other than that the LDNPA has no involvement in the
management of the car parks. Any grace period set by Parking Eye, their
enforcement is a matter for them under the terms of the contract and the
LDNPA have no involvement within this.

 

I trust that this now answers your queries but if you have any further
problems please do not hesitate to contact me.

 

Yours sincerely

 

Julie Wood

Solicitor

Lake District National Park Authority

01539 792665

[1]www.lakedistrict.gov.uk

 

 

This email contains information intended for the addressee only. It may be
confidential and may be the subject of legal and/or professional
privilege..
Any dissemination, distribution, copyright or use of this communication
without prior permission of the addressee is strictly prohibited. Any
views
or opinions presented are solely those of the author and do not
necessarily
represent those of the Lake District National Park Authority. Although
this
email and any attachments are believed to be free of any virus or other
defects which might affect any computer or IT system into which they are
received, no responsibility is accepted by the Lake District National Park
Authority for any loss or damage arising in any way from the receipt or
use
thereof. Computer systems of this Authority may be monitored and
communications carried out on them recorded, to secure the effective
operation of the system and for other lawful purposes.

References

Visible links
1. http://www.lakedistrict.gov.uk/

Link to this

From: clive elsdon

Dear Linda Wells,

Thank you for the response which is signed by Julie Wood.

I understood from a previous answer to part of this FOI question
(by Dave Shirley) that;

"There is a “period of grace” built into the system, and that is a
time of thirty minutes. So, in essence, a motorist who purchased a
parking ticket for one hour can be within the car park for a period
of one hour and thirty minutes."

That answer would appear to be suggesting as part of the agreement,
which is different to the latest answer.

Perhaps someone could clarify.

Yours sincerely,

clive elsdon

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Phil left an annotation ()

Ask "Does the contract between Parking Eye and the LDNPA include a non-agency clause?" The answer is yes

Then ask "Does the agreement with Parking Eye give Parking Eye any legal interest in the car parks they manage?" The answer is no.

Then ask "Does Parking Eye have any legal capacity to contract with a driver of a car parked in a LDNPA car park?" The answer must be "no" although the LDNPA may waffle to try and make out that Parking Eye can contract with a driver. So ask them on what basis they can have legal capacity to contract without any legal interest in the land or any agency powers.

Makes you think doesn't it
Phil

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clive elsdon left an annotation ()

Phil,

Thank's. I think I may just do that!

Clive.

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clive elsdon left an annotation ()

Phil,

I nhave asked the first three questions you have written.

I've left the last paragraph out so far, to see what answers I get. They are probibly reading this thread, so perhaps they would like to answer it anyway...

Link to this

Phil left an annotation ()

If you look here http://www.whatdotheyknow.com/request/cc...

you will see from the letter of the 11th Aporil that LDNPA states that "Any action taken would be by ParkingEye Ltd against the driver/owner
of the vehicle in accordance with the contract made between them.". Thus LDNPA confirms that Parking Eye pursues a breach of contract action against a motorist rather than LDNPA taking such action. So how does Parking Eye manage to enter into a contract without being the agent of the lDNPA or having any legal interest in the land? You may find that LDNPA finds it difficult to provide a proper explanation.

Phil

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From: Julie Wood

Dear Mr Elsdon

 

Thank you for your email of 21 November 2012. The period of grace built
into the system is the time period that Parking Eye have put into the
system of 30 minutes. It is a matter for them to manage the car parking
and it is they that have included the appropriate “period of grace”. If a
ticket has been issued in error then the matter should be taken up with
Parking Eye.

 

I trust that this deals with your questions.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely

 

Julie Wood

Solicitor

Lake District National Park Authority

01539 792665

www.lakedistrict.gov.uk

 

 

This email contains information intended for the addressee only. It may be
confidential and may be the subject of legal and/or professional
privilege..
Any dissemination, distribution, copyright or use of this communication
without prior permission of the addressee is strictly prohibited. Any
views
or opinions presented are solely those of the author and do not
necessarily
represent those of the Lake District National Park Authority. Although
this
email and any attachments are believed to be free of any virus or other
defects which might affect any computer or IT system into which they are
received, no responsibility is accepted by the Lake District National Park
Authority for any loss or damage arising in any way from the receipt or
use
thereof. Computer systems of this Authority may be monitored and
communications carried out on them recorded, to secure the effective
operation of the system and for other lawful purposes.

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