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  1. Hi Two hours are allowed for shoppers to park in Morrison's car parks. After complaints, I believe some Morrison's supermarkets have told disabled customers to go to their Customer Service Desk to tell them they need more time to shop so Parking Eye won't ticket them. I can't understand why Parking Eye can't just allow Blue Badge holders more time instead of expecting disabled shoppers to go to the Customer Service desk. I've asked Parking Eye if they have it in the rules to give disabled people more time but they just keep saying that they do allow people more time. They don't actually answer my question. Is this legal under the DDA? Disabled people need more time especially if they visit the café as well as shopping. Is there anything that people can do to change this?
  2. Hi Everyone, I wondered if you could help me. Is there anything I can do about this? It is due to be paid today to get the discount to £60, although is wasn't even issued until almost a month after the car was parked there! The driver of the vehicle was dropping off an M+S employee, the store is located in the same precinct as Morrisons, and the driver waited in the car (worked from it) until leaving later. No written confirmation of M+S giving authorisation to park there is available. Am I right in thinking these are not enforceable? Many Thanks
  3. In September 2014 I received a parking penalty reminder, from Parking eye, 5 weeks after a car of which I am the registered keeper, and with 4 named drivers, allegedly overstayed in Rheidol carpark, Aberystwyth by 15 minutes. This was the first communication received from the company. I responded to that communication and heard nothing more until June 2015 which was court proceedings intention. Again I responded to that letter. Today I received a county court claim pack of 47 pages, which includes copies of documentation they apparently sent to me, but which I have not received. The paperwork includes lots of examples of previous court cases where prosecution was successful as part of their defence. The paperwork does not include any dates for court proceedings or anything else. I'm not sure who was driving, but I do have evidence of having shopped in Lidl that day. the driver is largely irrelevant as the RK now appears to be held responsible if no driver is identified. Life at the time of the alleged incident was very chaotic, my mother was very ill and died during that period, and since then my own relationship has broken down and this court pack is the last straw, I'm not sure what to do next.. please advise. Also no POPLA code was ever received from Parking eye following my appeal to the PCN.
  4. ncGood afternoon, The other day I recieived a DRP letter in the post my first correspondence regarding a Parking Eye ticket in November last year. The letter I have is for a alleged contravention in the Leisure West Complex in Feltham. A leisure complex which consists of various businesses, restaurants and cinema etc. I am being invoiced the ammount of £120 from DRP. However I checked on the Parking Eye website about this ticket and the price on there website is £120.95 which contradicts the DRP price. I cannot get no information of the Parking Eye website about this ticket and there are no images or times online of this contravention. The date of the ticket was November last year and I recieved the DRP letter dated the 22nd July this year. Also the Car Park involved is a free car park with a time limit on it Are there any grounds for my appeal? Thanks in advance.
  5. ParkingEye Limited (Respondent) v Beavis (Appellant) Case summary Issue The parties are aware that the appeal from the decision of the Court of Appeal in El Makdessi v Cavendish Square Holdings BV [2013] EWCA Civ 1539 is listed for hearing on 21-23 July 2015 and that there is considerable overlap between the issues in that case and the issues in the present appeal both of which are concerned with penalties. Facts The Appellant is presently liaising with the Respondent and the parties to the El Makdessi appeal with a view to considering whether it is desirable, or indeed possible, to list these two appeals together. The Appellant wishes to draw this matter to the Court's attention at the earliest possible moment should the Court wish to consider the matter of its own motion. Judgment appealed [2015] EWCA Civ 402 This case may make Supreme Court TV on that day so you might be able to see the case live Info from here https://www.supremecourt.uk/cases/uksc-2015-0116.html Attached PDF from here http://www.bailii.org/ew/cases/EWCA/Civ/2015/402.html The referenced case can be found here http://www.bailii.org/ew/cases/EWCA/Civ/2013/1539.html or read the judgment with the attachment
  6. I have been parking in a private car park which charged £3 for the day, unbeknown to me the car park became managed by Parking Eye and a tariff was put in place. I did not see anything to say that price was going to change and in my usual rush to get to work paid my £3 and went off to work as normal. Then one day I happened to notice a tariff on the wall of the car park as I had parked in a different place and saw that it had gone up to £4 for the day, I bought another ticket (so I ended up spending £7). Then a couple of weeks later I received two parking fines for two separate days from parking eye both for £60 if paid early. I appealed the fines as I don't see how they can charge me £120 for an honest mistake. They have not accepted my appeal. It's obvious it was a mistake and that I did not realise that the tariff had changed I did not see any notice and the signs are not very big. It's obvious my intention was to park for the full day. Can anyone help me with my appeal to popla please? I sent parking eye a picture of the two tickets that I purchased on the day that I realised the price had increased to try to show them it was an honest mistake and how could they justify charging me £120 when I had underpaid by £1 for each day! Thanks
  7. I borrowed my dad's car to go to a meeting at Keele Services on 12th May. He has just received a PCN issued 9th June with a £100 charge and the usual option to settle early for £60. What should he do? Any help would be much appreciated.
  8. Yes. I know that a date of "offence" and date of notice appear on the charging notice but I'm pretty sure that I received it well after the notice date. It should of course been served within 30 days but I'm sure it was well after that time. Any ideas?
  9. Hello. Parkingeye run the car park in our local Aldi, when you have finished your shopping and paid, you then go to a terminal and enter your car reg details and then leave. We shop there on a regular basis, spending £50 or more per visit, on Sat 13th June my partner entered the car park, shopped in Aldi, spent £8.05 and then left the car park 27 minutes later. On Monday 22nd June we received a PCN for £70 reduced to £40 if paid within 14 days. I have been reading with great interest some of the advice regarding appealing this fine and I think I have grounds for an appeal! I wanted the opinion of those amongst you more familiar with this type of dispute. This is a draft copy of the letter I intend to send to ParkingEye 24th June 2015 ParkingEye Reference – To whom it may concern I am appealing as registered keeper on the following grounds. I shop at the Aldi store, where ParkingEye operate the car park, on a regular basis. Often spending in excess of £50 per visit. On the date in question the driver of the vehicle purchased items in Aldi to the value of £8.05, upon leaving the store, the driver believed they had entered the car registration details and left the car park some 27 minutes later. The above is a screen shot of the drivers bank statement clearly showing the £8.05 purchase from Aldi, which was debited from the account on the first available working day, which was Monday 15th June. Should you fail to uphold my appeal then I may appeal to POPLA on 1 or more of the following grounds. You will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner. 1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner 2) Your signage does not comply with the BPA Code of Practice and does not form a contract between motorist and yourself 3) You are not the landowner and do not have the authority to offer contracts to park 4) You are using ANPR data for a purpose not registered with the ICO If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail. Any communication that does not either confirm cancellation or include a POPLA verification code will be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly. Any comments, good and bad Thank you for your time
  10. There have been a couple of mentions on this forum hinting that the relationship between PE and Morrisons a turned sour and that the new boss of the supermarket is trying to ditch the PPC. Does anyone have more information on this story? Thanks.
  11. Hi, all. I have received a court notice by Nottingham County Court, on behalf of ParkingEye. It is for the amount of £175.00, which comprises of £100 amount claimed, £25 court fee and £50 Solicitors costs. A few months ago my mother entered a Morrisons car park and broke down (car wouldnt start). She called me, distressed, and I went out to her and got the car to start. In the midst of the ordeal, she didnt read the signs and did not obtain a ticket (£1 for 2 hours, refundable upon £5 in store spending) and didnt do any shopping either, as she tended to the car and was trying to obtain help from other shoppers. The total time from entry to exit was 1 hour 39 minutes, so the 2 hour limit was not breached. Although I understand that a ticket should have been obtained, to the value of £1. £100 seems a little excessive and punitive for forgetting to display a ticket, (which in all likelihood would have been negated by shopping anyway) during a circumstance that was out of our control and caused my mother to panic and get distressed. when Parking Eye first sent us a parking charge notice, I wrongly advised my mother to ignore it, as I recalled some time back reading that they could not enforce it. Which has now lead to a court notice. I have sent off the acknowledgement of service and need to respond with a defence by this weekend. I wanted to know if I have a plausible case with prospects of succeeding, or atleast reducing the costs to more proportional or reasonable amounts and if so what should be the basis of my defence? Or whether I should suck it up and pay it off? Also if I contest it, could the charges be increased later on down the line, in court? Also I thought that at county courts each party is responsible for their own legal costs. I would be grateful if some experience or expertise could be dispensed. If I have made any etiquette errors, then please accept my apologies and point them out to me to rectify. Many thanks.
  12. Hi all! Require your advice. My friend borrowed my car to go for food at KFC in bury and managed to go over the 2 hour limit by 15 minutes, he left at 11.15pm, 15 minutes after it closed. Our beloved friends over at PE have sent me a letter stating I owe them £100 but reduced to £60 if I pay quickly. What should I do? Thanks in advance. Rob
  13. I am posting this on behalf of a friend in a different 'Shire' but I know this won't make any difference. Because I have had dealing with them before, she asked me opinion and I said categorically, do not pay it. They parked in a retail park and visited several stores for D.I.Y products and other shopping. When they returned to their vehicle it had the usual garbage attached to the windscreen. The car park apprently has signage stating that it is only free parking for 4 hours and as they had over stayed this they were bound by their T&C's , hence the penalty charge notice. I drafted them the usual letter to invoke their appeals process, denying any liability on the basis of (1) charge is not a genuine pre-estimate of loss, (2) their signage does not comply with BPA etc and (3) they do not have authority or permission to issue invoices at that location. Well, Parking Lie's administration appear to have tangled themselves up and sent the two replies below. One has the POPLA Appeal form attached. Would appreciate your thoughts please. Thanks in advance. Shelley
  14. Hopefully I'm not repeating anything here which belongs in another thread. My wife received a pcn from parking eye at the Reigate Branch of Morrisons back in March, for exceeding the time allowed. Having previously ignored (sounds familiar?) successfully and being unaware of the changes, we did same again. On this occasion, they did not shop at Morrisons so we have no receipts for the day. We are of course now, much wiser. She received 1) the initial demand, 2) a reminder, 3) a notice to keeper, although it was not formally identified as such, followed by 4) a supposed LBCCC, to which we have replied (I drafted the letter disputing the charge and stating that the letter did not comply with the court PD. My wife signed it), based on information which I have obtained from this forum and also from the MSE Forum. I have written to Morrisons to complain and saying that the terms and conditions are unenforceable and requesting the charge be cancelled. Proof of posting has been obtained for all letters sent. Contrary to my expectation, PE have not replied to our response to the LBCCC with a form letter, but with what appears to be a specific response, albeit very brief and surprisingly not threatening. I am currently drafting a reply to this. The LBCCC also appears to be of an updated format from those I have seen previously. (and the envelope even has a first class stamp on it!). Although it refers to an ADR, it doesn't actually specify what it might be, but attempts to dismiss the possibility of going back to POPLA. I'll attach redacted copies of the correspondence including and after the LBCCC as the content may also be of interest, when I've found out how to do it. An interesting aspect to this is that the planning approvals for the car park in question ( I have enquired of the local planning dept) seem to require the car park to be available as a "shoppers car park", which I contend means that Morrisons cannot restrict use of the car park only to their customers, yet part of the PE signage, (which is clearly legible), states; "Parking for customers only. For use only whilst shopping on site". I'm not sure at this stage how useful this particular information may be in relation to defending proceedings if PE continue. Amy comments or advice would be most welcome. Thanks
  15. Hi all, Received a PCN today from Parking Eye as l am the registered keeper of our family car which was photographed entering a doctors car park ( Private land ) and leaving again about 15 mins later. The problem here is the vehicle was used to drop an elderly person of at the doctors ( who had that morning suffered a bad angina attack and needed to dropped off at the doctors door ) and then the vehicle went back about 15 mins later to pick the elderly person up again. The point here being that the vehicle did not park up in the doctors carpark for 15 mins but returned back, but the photos show the vehicle entering on its first journey in and then leaving after its second journey back into the carpark after picking up. Help and advice needed please as in the past ( 3 yrs ago ) l have had PCN's before and ignored them and nothing became of them. Do l ignore this one or dispute the fact with Parking Eye that the vehicle didn't park up and that their camera didn't photograph the vehicle leaving the first time and re-entering the second time ? I was not the driver by the way. The date of issue of the PCN was about 6 days ago. They're wanting £60 if paid within the next 14 days etc . Don't know which way to go with this one. Any help much appreciated. Thanks in advance.
  16. Below is a copy of a letter I plan to send to Parking Eye in defence of a "letter before action" claim recently received does anyone suggest I add anything else to the letter. Further to your letter to my daughter, **edit out personal details** , addressed to my property I wish to raise the following points prior to any proposed county court action; 1) The judgment in Beavis v Parking Eye was successful based upon commercial justification (the fact that without such charges no parking spaces would be available) and that the judges felt the charge made by yourselves was not unconscionable and extravagant as the sums involved where similar to the charges enforced by local authorities. 2) Your ticket was issued as she parked on double yellow lines and not for a “breach” of the parking time limit at this time. 3) Daughter parked on double yellow lines within the car park having displayed my son’s badge correctly as per the guidelines laid down by the Blue Badge Parking Scheme, as there were no spaces available. There are no signs in the car park in particular on the disabled bays nor any yellow lines on the side of the kerb indicating such actions are not allowed. 4) Clearly, commercial justification therefore for such a charge is not applicable as your company and the landowner had failed to ensure any disabled spaces where available. I would say there is a case to argue that as per the Asda Trafford Centre there is a need to ensure there is an attendant at these premises who prevents anyone abusing the disabled parking system by parking in these spaces when not entitled to. I would say failure to provide such a person could be construed as a breach of the Equality Act 2010 as such a step in such a popular location as a shopping centre is not unreasonable. 5) I assume the Asda as this location is your primary client, if not, please forward the contact address for your client so I can get their opinion on these possible breaches of the Equality Act 2010 and the way their disabled customers are treated. 6) The BSI British Standards, "Code of Practice for the design of buildings and their approaches to meet the needs of disabled people", recommends that commercial premises with designated off-street parking have one space for every employee who is a disabled motorist, plus 5% of the total capacity for visiting motorists and a further 4% should be enlarged standard spaces. Although unsure of the exact number of parking spaces I can tell you for sure that this car park does not meet the requirements outlined above and therefore is in possible breach of the Equality Act 2010 and the duty within it to ensure reasonable steps are taken for a disabled person to have access to the property. The BSI standards have been accepted in previous cases as persuasive and a good reference point for a Court as to what is reasonable provision. 7) I did challenge the ticket back in September 2013, where I simply forwarded a copy of our son’s Blue Badge and a letter outlining the points made in section 3 of this letter and awaited your comments, you chose to ignore this letter and after hearing nothing from you we assumed our defence had been accepted. 8) The next time we heard from you was in September 2014, a year later. Naively I thought as it has been a year that perhaps your company trawls through old cases such as my Daughter's in the hope that people pay as they have forgotten the facts, lost any evidence to mount a defence or simply do not want any more hassle and chose to ignore this letter. I felt it was a form of harassment and as I had evidence to prove I had mounted a challenge to this claim back in 2013 was confident I could fight any further action. I find it interesting that again we hear nothing from you for eight months and only hear from you now, as you have been successful in your action against Mr.Beavis. 9) As already stated the judges in Beavis v Parking Eye felt your charge was not unconscionable and extravagant as the sums involved where similar to the charges enforced by local authorities. Using the same argument means that in my Daughter's case no charge should be levied, as local authorities do not enforce time limits on Blue Badge Holders nor issue fines to them unless they have breached the terms of the Blue Badge Scheme, i.e. parked in a restricted area. As this did not occur then a local authority would not issue a fine. Attached is a copy of my son’s disability badge, which as you see had been in force for some time. Amazing how brave they get now a precedent may have been set roll on the supreme court date.
  17. Hi guys. Just thought I would share a hopefully helpful experience and would like to hear if this works for anyone else! I recently got a ticket through the post from Parking Lie and was fuming. I received it in a small town which only has free car parking so it's weird how Aldi has managed parking but the other 500 council spaces are free with no time limits! Anyway I phoned Aldi to complain and let them know I was not happy after doing my weekly shop there and it costing me an extra £70 in Parking Lie charges and they said they would help me appeal the ticked but could not guarentee me winning so I stopped this line of enquiry. I then decided to use a tactic I have used on other complaints in the past. I found Aldi's UK managing directors email address and sent him a email about my disappointment on receiving the ticket etc.... I then got a reply back asking for my mobile number as the regional manager wanted to contact me. I swiftly got a call back from the regional manager who agreed that genuine customers should not be charged if they over stayed and it was a matter where common sense should be applied and said he will get intouch with Parking Lie and cancel this ticket. The next morning I received a email from Aldi's customer services notifying me of the cancelation, bingo! In my situation I was a genuine customer and had receipts and bank statements proving I was there and spent money in the store but did not need to provide them. So my advice is contact the head of the company or car park owner if you get one of these tickets as they don't want genuine customers to be penalised. They certainly don't want people complaining on the businesses Facebook and Twitter etc and don't want the bad PR. This worked for me and I don't need to get intouch with Parking Lie, if the message does not get through to Parking Lie at lease I have written proof from Aldi that it is cancelled and they have cancelled it. Please use this technique if you have get a ticket in similar circumstances to me and post back and let me know if it works as I would love to know I've helped. Cheers J1snn
  18. Hi, I have had a county court letter for Parking Eye. I have submitted Acknowledgement and now need to submit a skeleton defence. I dont know what Im defending as the letter dosent state anything but the date and time can you tell me if there is a template I should use, In need to get this in asap so any help would be much appreciated
  19. In August i picked up a friend by entering holiday inn carpark, in the morning to take her out for the day. In the evening I dropped her off in same manner. I didnt park and never left my vehicle. A week later Parking eye sent me a fine for parking for 13 hours! I wrote a simple letter back explining the above, and included a voucher for crossing the Severn bridge TOLL as we were in wales all day, and thought no more about it til court papers arrived a fw weeks ago! I sent the same info to the court explaining above and again as it was done online, I told them I had the voucher copy etc Today ive received another letter from PE saying they are pursuing the court claim as they have no evidence at all of me leaving the carpark and returning in the evening. Ive enquired with the toll company if they have cctv of my vehicle crossing the bridge but sadly they only keep their cctv 90 days so I see no way atall of "proving" I wasnt in their carpark. Any ideas? Desperate!
  20. Hello everyone. If I obscured too many details in the attachment please let me know and I'll reupload. How can I get rid of this charge? I was in the store's coffee shop working on my laptop, I have a bank statement showing the date and amount spent. It wasn't a huge amount, less than £10 because I wasn't shopping for groceries. I was just having coffee and some pastry/sandwich while working on my laptop. I shop at this store frequently, in fact it's the only store I go to shop for groceries. I spend loads at this place. So irritated to get this ticket... The lot wasn't even full! Any help is much appreciated. Thanks.
  21. Hi all Have this morning received 2 letters in reply to my appeal to parking eye. I am unsure what to do now. Could someone please advise hopefully they are attached below. Many thanks
  22. hi i need some help please.my girlfriend was driving my car she was in morrisons in acton london she over stayed in a free car park by 40 mins .she did not know that there was a time limit on this car park first we knew is when parking eye sent a invoice through the post. the reason she overstayed was she waited 25 mins for a parking space as on a friday people use this car park to go to friday prayers in the local mosque i copied a letter to parking eyes that i got from here Default Re: Parking Eye are at it again....... Appeal to Parking Eye as the Registered Keeper ONLY as follows (either by their online appeals portal or by post (if post GET PROOF OF POSTAGE)) :- Your name Your Address Date A Formal Appeal Against A parking charge Dear Sir Your ref; parking charge number xxxxxxxx Whilst the DVLA may have informed you that I was the registered keeper of the motor vehicle in question, at this stage I make no admission as to the identity of the either the keeper or the driver at the material time. This appeal is on the following grounds:- • Your Notice does not comply with the statutory requirements of Schedule 4 of the Protection of Freedoms Act 2012 and you are therefore legally barred from pursuing the keeper. • The £100 parking charge is excessive. It does not represent a genuine pre-estimate of loss caused by the alleged parking contravention; as such it is a legally unenforceable penalty charge. • You do not have sufficient contractual authority from the landowner to issue and enforce parking charge notices. You have set out your case in your parking charge notice; this is the response and the formal appeal. You therefore have two options; 1) Either accept the grounds of appeal and cancel the parking charge Or 2) Refuse the appeal and provide me with the unique 10 digit code in order that the matter can be properly referred to POPLAicon for independent adjudication. Finally, I have nothing further to add to this appeal and therefore will not respond to any further correspondence with your company; so either cancel the parking charge or provide the POPLA code as required by your industry Code of Practice. Kind regards (Print the name of the Registered Keeper here - do not sign it) and today i get a unsuccesful letter from them with a popla code on it i checked the code and it seems ok but in the letter its going on about the judgment from the judge from the parking eye vs beavis case as i am aware the judgment is expected after easter how can i appeal to popla i will upload letter from parking eye
  23. Hi, I received a Parking Ticket from Parking Eye back in October 2014 and I have just now received a claim form from County Court Business Centre. The original parking ticket pictured me entering the car park at night at around 9pm and then leaving again at around 7am the next day. This was actually 2 visits to Asda and not one long stay. I decided to ignore the ticket firstly because I don't see why I should take the time to respond when I have not out stayed my welcome and secondly I wanted to see if the advise online to ignore the ticket was correct. I will acknowledge the claim form today letting them know I wish to defend myself based on the fact parking eyes claim is false. I would like to know if its worth entering a counter claim for time and expenses when defending myself?
  24. All seems to have gone extremely quiet on this in the press. Anyone know what happened/is happening with this court case? It looked at the end of February as though a fairly short court case was commencing, and it was well reported in the media, but since then, nothing (that I can see anyway)!
  25. I expect this will be a nightmare to resolve if one decides not to pay this extortionate fee but here's what happened. Drove into a Supermarket Car Park which I believe said Sundays was free. Remained in the vehicle to eat a sandwich and bottle of water. Total time recorded on their paperwork was 55 minutes. Parking Eye want to charge £85 reduced to £50 if paid within 14 days. I have read through some threads on here about similar situations but I am totally confused by all the rigmaroll which surrounds this rip off, sorry. Should these cowboys be registered with the BPA in order for the PCN to be 'legal'? Would someone be kind enough to explain my options in 'idiots guide' format please because there are 2 other parking tickets from a different organisation which isn't registered with the BPA, for parking on the Public Highway but not Council patrolled. They are from District-enforcement Limited. Would very much appreciate your assistance with this matter as it is stressing me out big-time and don't know what to do about either matters. Many thanks Shelley
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