Hi there

I received a parking fine from Parking Eye (Maybrook Retail Park in Canterbury) saying that I'd overstayed my 2 hour limit. This occured on 18th Jan. I was out of the country between 22Jan-20Feb (the letter arrived on the 23rd Jan - so my husband picked it up).

I didn't realise that there was a 2 hour limit, but anyway I have received supporting letters from M&S (a store on that retail park) saying that I had indeed spent my money there etc) and in that letter, they said that they had an agreement with the landlord of that car park that genuine customers who'd overstayed there would have their parking fines overturned. (even in their original letter, Parking Eye said that in our appeals, we could send them supporting documents like receipts/bank statements - which we had and yet they have kept saying that our appeal has been unsuccessful...4 times!).

I've spent the last 2 months battling this... do I have any hope of not paying the £120!?!?!?

Please advise.

Thank you...

DC

Hi and welcome to CAG.

I'm not suprised your 'appeal(s)' have been turned down as there is no appeal process. You are responding (which you need not) to an invoice issued by a private company. The only way the invoice can be inforced is A) if it is made out to the person (the driver) who used the facility and B) by taking the driver to the small claims court. Now they obviously have the means to trace the registered keeper but I doubt if they have the means to indentify the driver. You are no obligation to provide them with any information what so ever. This is not a fine or a penalty, only a court, inland revenue or an LA can issue those. A private co has no powers to do so. If they took you to court, they would also have to prove their loss of income or damages from the space you overstayed in.

So basically, ignore all correrspondence from them and don't worry about it.

Hi Sailor Sam

Thank you for your quick reply! The issue with A is, the letter has been addressed to me (the keeper of the car) but more importantly, in my letters back, I DID say that it WAS me... dang... should I still continue to ignore them? I was on maternity leave with a 10 week old baby... I had to eat, shop, feed/change baby... under 2 hours?! MY MP wrote me back saying 'I hope you didn't pay it'!! (But I'm not sure how that would hold up in small claims - 'my MP told me not to pay...'..! )

TIA

dc

In the very unlikely event of them taking you to court, they can only recover actual losses or damages from your actions. It is illegal for them to issue 'fines' or 'penalties' as a private company. What ever amount they are demanding from to will need to be propotionate to their losses. I can't see a judge agreeing that £120 equates to a few minutes 'rental' of a parking space which is normally free. I would suggest that a judge would consider it to be a penalty and thus he will dismiss the claim.

thank you!! I will sit tight. Have just had a lengthy conversation with the Mgr at M&S. And he's said that the area manager is now involved in trying to resolve this with the landlord of the parking lot. Let's see. In the meantime, I've told a few of my 'mummy-friends'... we will not be shopping there till this is resolved.

thanks again.

dc

You have wasted months over this, trying to 'fight it' and resolve it'?! Why? Do you reply to phishing emails and other fake requests for money as well? Sorry but I am so surprised that you have put so much energy into a pointless battle over a pretend fine that means nothing.

All you needed was to search online and you would know it wasn't even a real fine. Just ignore them please - you are treating this much too seriously! Apart from CAG info which I assume you have already seen, read the sticky info etc. (?) there is so much info out there I can't see why you fell for it:

MSE forums on Parking Eye

pepipoo forums on Parking Eye

You DO NOT need this 'resolved' 'cancelled' 'overturned' or anything else and Parking Eye have never taken anyone to Court, ever. You will NEVER have to pay this invoice, you owe nothing. I never ceases to amaze me why the British public do not suss these companies out on t'internet in seconds.

I'm not sure if my reply did appear...so here it is again... thanks for all the help. I will sit tight and ignore. I think with respect to the great British public, most of us writing on these sites for help are law-abiding citizens and therefore panic at the thought of having contravened some law..! So of course, one's initial reaction is either to defend it, appeal it or pay it (as my lawyer friend whom I had lunch with on that fated day did!).

thanks again.

DC

ParkingEye do not do court. I have over 50 of their invoices issued to me and my visitors and they haven't taken any of us to court.

Even if you have admitted being the driver there's very little they can do. In civil cases they can only usually claim for actually monetary losses, so the £120 "fee" that they have plucked out of thin air would get laughed out of court. If it was a private car park that charged say £100 per hour and you stayed for 2 hours without paying, they could theoretically charge you for the £200 of lost revenue. However as it's a free car park, their actual losses for your overstay are zero, so this is all they could sue you for.

You have a friend who's a lawyer, and they actually paid up? Oh dear...

Hi - They are a nuisance arn't they but hold in there they will not do a thing and once they have realised you are not falling for their little scheme they will move onto another potential victim

Have just been a very naughty boy myself visiting a local business park twice within an hour (different PPC same 'S' word) as a genuine shopper, the repeat visit being to return a wrong part and am waiting for the junk mail to arrive. I have a different approach as I like to wind them up with questions all sent in their own envelopes as 'not known at this address return to sender'.

I also request that they supply an SAE as a courtesy if anything requires a reply. The only problem with this is most of these knuckle draggers have trouble reading and they assume they are appeals and the standard letter comes back - I just hope they get charged for the returned mail

This plus a really strong letter of protest to the store managers copied to the local rag and trading standards usually ensures they desist quite quickly. As a bonus if the letters get published then more people are warned

At no stage do I admit to be the driver and can always prove this as the car is insured for other

family members to drive however even if I did there are plenty of defenses and my expereince of court (small claims) shows that he who is reasonable and has prepared his case well, wins

As regards Court - sorry to disappoint but it is very unlikely to happen. Have requested PPC's to move to the Court stage will all haste and so far have been bitterly disappointed with their refusal to do so

Lets see what they (the PPC) can come away with - at the very best the car parking fee which in a free car comes out at zero so does not give them a profit especially as it has cost them to take it this far - at the worst looking at the few recent cases that have reached court a good telling off, maybe a small dose of porridge and hefty fines for the threatening and harrassing system they apply to their victim

Ask yourself - if you were in their shoes would you take the court route ?

Perhaps if they didnt hide behind a PO BOX people would confront these beggars eye to parking eye.

PARKINGEYE LIMITED

40 EATON AVENUE

BUCKSHAW VILLAGE

CHORLEY

LANCASHIRE

UNITED KINGDOM

PR7 7NA

Directors home address and phone number to follow

Has anyone else had this problem?

Has anyone else had this problem?

I refer you to my answer on the other threads where you posed the same question.

Has anyone else had this problem?

It's not a problem when you know it's a bogus PCN.

there is not a problem when its a,,parking charge notice, checkout youtube,,watchdog/parkingchargenotice and watch carefully what the solicitor does with the letter?

Perhaps if they didnt hide behind a PO BOX people would confront these beggars eye to parking eye.

PARKINGEYE LIMITED

40 EATON AVENUE

BUCKSHAW VILLAGE

CHORLEY

LANCASHIRE

UNITED KINGDOM

PR7 7NA

 

Directors home address and phone number to follow

 

in an entirely peaceful manner of course.

Having just received my ‘Parking Charge Notice’ from Parking Eye for spending 2 hours 11 minutes in Maybrook Retail Park, it took me a while to realise that this was the car park outside Marks & Spencers, Halfords, KFC etc on the Sturry Road.

Apparently you are only allowed 2 hours, which was not quite enough for lunch and shopping at Marks plus choosing a bike for my granddaughter at Halfords.

So I get a bill for £90, reduced to £60 for immediate payment, but rising to £120 if reminders have to be sent.

A quick phone call to the customer service department of one of these stores, to inform them that I intended to avoid their retail outlets henceforth, resulted in the charges being dropped within minutes.