Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    lyn0612 Novitiate

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    Unhappy Parking Eye Charge Notice

    Hello

    I've just received a charge notice from Parking Eye for parking over 1 hour 30 minutes in Aldi car park. I actually parked for 1 hour 43 minutes! There are signs in the car park saying parking should only be for 1 hr 30 min but i didn't expect a ticket for 13 minutes!

    I've read other threads re private parking companies, just need clarification if this is legal and should i pay?

    Many Thanks

    Lyn.


  2. #2
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    Default Re: Parking Eye Charge Notice

    Do not pay
    Do not "appeal"
    Do not reply to any of their letters

    Keep coming back here for advise and support if/when they start sending their threatening letters. (it's all bluster though so stand firm)


  3. #3
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    Default Re: Parking Eye Charge Notice

    Hi.
    Do not worry-its a [problem]. Do not pay and feel free to ignore. Parking Eye are well known on here. The legalities of thier invoices (as are all those by PPCs) are dubious to say the least. If you do ignore they will probably obtain your details from the DVLA then pass on to a DCAicon then thats it. Five letters tops i think. Be prepared for some nasty (yet unfounded) nonsense in any letters sent to you though. Do not be fooled however and if you can do not enter into correspondence as you will be sent more and more letters. Hope that helps

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    DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.c o.uk/forum/barclaycard/174860-ddwales-barclaycard.html
    DDWales Vs Natwest-*Won*
    http://www.consumeractiongroup.c o.uk/forum/natwest-successes/210090-ddwales-natwest.html

    -Reclaim the Right-

  4. #4
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    Default Re: Parking Eye Charge Notice

    Hi Lyn,

    I echo the advice tha the guys have given you. It is also important to make you aware that they have absolutely nothing to do with the law - they are only a private company and have no more legal power than you or I.

    TFT

    09/07/09 Business Studies BA(Hons) 2:1

    eCar Insurance overpayment - £325
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    Natwest Business A/C bank charges - £60
    Settled in full as GOGW - 20/04/09
    Santander Consumer Finance late payment fees - £60
    Part settled for £48 - 01/03/08
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  5. #5
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    Smile Re: Parking Eye Charge Notice

    Hi Guys

    Many thanks for your advise, I thought as much after reading previous threads but just needed to double check for peace of mind, (and convince my husband).

    In the letter received they have already obtained my details from DVLA, so I'll just sit tight and ignore.

    Thanks again!

    Lyn


  6. #6
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    Default Re: Parking Eye Charge Notice

    Quote Originally Posted by lyn0612 View Post
    Hi Guys

    Many thanks for your advise, I thought as much after reading previous threads but just needed to double check for peace of mind, (and convince my husband).

    In the letter received they have already obtained my details from DVLA, so I'll just sit tight and ignore.

    Thanks again!

    Lyn
    No problem at all. The following will happen-wait and see!.... youll have one more letter from Parking Eye after that 2 to 3 letters from a DCAicon threatening nonsense and thats it. Keep us informed though

    If you believe that this post has helped in any way please click on the star to the left

    DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.c o.uk/forum/barclaycard/174860-ddwales-barclaycard.html
    DDWales Vs Natwest-*Won*
    http://www.consumeractiongroup.c o.uk/forum/natwest-successes/210090-ddwales-natwest.html

    -Reclaim the Right-

  7. #7
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    Default Re: Parking Eye Charge Notice

    Hi
    Just keeping you updated, last Thursday I received another letter from Parking Eye giving me an extra 4 days to pay the the minimum charge of £40.00 (isn't that thoughtful of them!). This time the letter showed pictures and times of the car arriving and departing proving i'm 14 minutes over the alloted time of 1 hr 30 min.

    Will keep you informed

    Thanks
    Lyn


  8. #8
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    Default Re: Parking Eye Charge Notice

    Thats kind of them giving you an extra 4 days...not! lol Youll probably get one more letter off them before the DCAicon comes in. BTW the photograph is irrelevant so dont worry about that part

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    DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.c o.uk/forum/barclaycard/174860-ddwales-barclaycard.html
    DDWales Vs Natwest-*Won*
    http://www.consumeractiongroup.c o.uk/forum/natwest-successes/210090-ddwales-natwest.html

    -Reclaim the Right-

  9. #9
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    Default Re: Parking Eye Charge Notice

    Quote Originally Posted by lyn0612 View Post
    Hello

    I've just received a charge notice from Parking Eye for parking over 1 hour 30 minutes in Aldi car park. I actually parked for 1 hour 43 minutes! There are signs in the car park saying parking should only be for 1 hr 30 min but i didn't expect a ticket for 13 minutes!

    I've read other threads re private parking companies, just need clarification if this is legal and should i pay?
    Ditto! This morning I got the same. They claim my car was parked from 12:45:02 to 14:34:35 when the limit is 1 hour 30 minutes.

    I have read comments that it's best to ignore them, they are not enforceable but can someone please show me why, not that I disbelieve the advice but it would ease my anxiety if I was aware of the specifics of my defense?


  10. #10
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    Default Re: Parking Eye Charge Notice

    It's a penalty charge which has no bearing with the loss incurred for parking on a free car park.

    Plus they don't know who any alleged contract was with since they only have the keeper's details, who may not have been driving at the time.


  11. #11
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    Default Re: Parking Eye Charge Notice

    Since posting I've done a bit more reading. I assume the fact they call it an "Excess parking chargeicon" makes little difference.

    I've since read that they should have asked me to name the driver to claim the fee from, who is not necessarily the registered keeper (me). Does this alone make the fine unenforceable?

    p.s. In small print, crafty buggers, they say paying means you agree to their T&C's!


  12. #12
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    Default Re: Parking Eye Charge Notice

    Charge for parking excessively? Sounds like a breach of contract and a penalty.

    Not that it matters. This is a mail [problem]. It involves sending scary letters, not court.

    I've since read that they should have asked me to name the driver to claim the fee from, who is not necessarily the registered keeper (me). Does this alone make the fine unenforceable?
    It's not a fine, but they can ask who the driver was if they wish. You don't have to tell them. You shouldn't contact them at all anyway.

    If they can't track down or prove who the driver was, that's their problem. If the keeper was taken to county courticon and could prove he wasn't the driver, that would make the charge unenforceable yes, but it would unenforceable anyway.


  13. #13
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    Default Re: Parking Eye Charge Notice

    Quote Originally Posted by MrMT View Post
    Since posting I've done a bit more reading. I assume the fact they call it an "Excess parking chargeicon" makes little difference. It doesnt. PPCs will use Excess Parking Notice.. etc. The more official looking the better usually.

    I've since read that they should have asked me to name the driver to claim the fee from, who is not necessarily the registered keeper (me). Does this alone make the fine unenforceable?
    They cannot by law force you to tell them who the driver was regardless of what they claim. On that alone they would be foolish to risk court action on someone they cannot prove had anything to do with the alledged 'offence'-thus making things unenforceable IMO.


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    http://www.consumeractiongroup.c o.uk/forum/natwest-successes/210090-ddwales-natwest.html

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  14. #14
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    Default Re: Parking Eye Charge Notice

    It makes their paperwork reportable to Trading Standards under The Consumer Protection From Unfair Trading Regulations 2008 No.


  15. #15
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    Default Re: Parking Eye Charge Notice

    It all sounds good to me! I'll be making a call to TS to see how things work and if I can make a personal visit with them to discuss this letter. Would be good to see if they're on the ball or need to have it all pointed out to them.


  16. #16
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    Default Re: Parking Eye Charge Notice

    You will need to fond someone in trading Standards who understands theregs, failing that you will have to explian thing sto them.


  17. #17
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    Default Re: Parking Eye Charge Notice

    Quote Originally Posted by lamma View Post
    You will need to fond someone in trading Standards who understands theregs, failing that you will have to explian thing sto them.
    Agreed. In most cases TS are a little slow so it is important to persevere and find someone who knows what thier talking about. Good luck to you though

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    DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.c o.uk/forum/barclaycard/174860-ddwales-barclaycard.html
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    http://www.consumeractiongroup.c o.uk/forum/natwest-successes/210090-ddwales-natwest.html

    -Reclaim the Right-

  18. #18
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    Default Re: Parking Eye Charge Notice

    I've sent an email so I could include scans of the documents, as my first move. Dependant on TS's response, I may call them tomorrow.


  19. #19
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    Default Re: Parking Eye Charge Notice

    Quote Originally Posted by MrMT View Post
    I've sent an email so I could include scans of the documents, as my first move. Dependant on TS's response, I may call them tomorrow.
    Great stuff!

    If you believe that this post has helped in any way please click on the star to the left

    DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.c o.uk/forum/barclaycard/174860-ddwales-barclaycard.html
    DDWales Vs Natwest-*Won*
    http://www.consumeractiongroup.c o.uk/forum/natwest-successes/210090-ddwales-natwest.html

    -Reclaim the Right-

  20. #20
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    Default Re: Parking Eye Charge Notice

    Their reply - "We have passed your email onto Consumer Direct"

    Is this a bad thing or a good thing because I wanted TS to receive it?



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