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  1. Has anyone established who owns the Adelphi car park and if P.E. have rights to apply penalty charges there?
  2. Sorry but not sure how to find correct forum?? I want to send a new thread regarding parking fines i received from Parking eye and Equita, here is my story. I received a letter on or their about's 27 September 2017 from Parking Eye. In the letter (see attached PDF) they explained I had been fined ref Asda Gravesend, I moved house to from Harlow Essex new address when moving to Gravesend i updated driving license but forgot to update my vehicle log book...( it is now been done) The letter from Parking Eye stated because of the mix up of DVLA addresses they would NOT charge me for the full amount either £70 or £130 and would charge me the reduced amount of £40.. On the 30th September 2017 I went online at Parking Eye and paid the £40 Please see Attached PDF with proof of received e-mail, and bank statement, also if one logs onto Parking Eye website and give the ref . ...it shows that their is no such reference number! Reason must be because I have already paid it..?! I was unaware that I had also been fined a second time to confuse things further, so I eventually found out by visiting my parent at the previous address.. So now I had another fine of £130, Parking eye ref ... I paid £130 via the automated telephone system to Equita on the 3 November according to my bank statement please see attached PDF... .According to the conversation I had with Equita agent this may have been a mistake of mine as I may have paid it to the wrong Equita ref number it should of been paid to Equita ref .... Instead of Equita ref 2.... this i can't prove or disprove.the only thing i can prove is i paid £130 to equita which has came out of my bank account. So this should prove that I was fined in total on 2 occasions the first occasion Parking Eye themselves gave me a reduced fine of £40 as per letter received from them, see attached which was paid as soon as I was aware of it.. And the other fine was for £130 which have also paid on or their abouts 1st November 2017 via Equita automated payment system..also proof of payment see attached PDF.. Equita and Parking Eye are still claiming i owe them a further £130 I sent a recorded delivery to Parking eye with proof of what i have paid and sent e-mails to Equita and it made no difference what so ever. .Today ( 10-12-2017) received another letter from Equita saying despite previous efforts trying to to contact me they are still demanding another £130 and will go to "Enforcement/Litigation action" What can i do?? I have already paid total of £170 for 2 parking fines. .and they want another £130?? I'm pretty stressed about it, what can i do please help!! docs1.pdf
  3. Hello all I have had an ongoing issue with Parking Eye and them issuing 2 Parking Charge Notices for me parking in a hospital where I work. The car park is free for all to use but visitor and patient parking is limited to 4 hours, for one reason and another I occasionally park in visitor spaces but usually move my car before the 4 hours is up - but with ANPR technology I have been caught short a couple of times. I have been down the usual routes, appealed - rejected by Parking Eye with no reasons mentioned. appealed to POPLA, ignored my arguments and said that I had breached a contract and therefore they too rejected the appeal, though they did concede that they could not consider the mitigating factors that I offered. I also appealed to the land owner the local health board asking they they request the notice be revoked - but to date have heard nothing from them - typical! All went quiet for about a year and now the matter has been passed onto Capita (who I realise Parking Eye a part of their umbrella group? I have exchanged a couple of letters with them, they initially told me I hadn't appealed - I have now had a letter from them again which contains the term 'Magistrates Liability Order Dated:' there is no date and it seems as though it is a bit of bluff? Are these bandits able to include these sort of threatening terms, can they indeed apply to Parking Charge Notices, the only things I am really aware for them applying to is non payment of Council Tax? Any advice appreciated... thanks Nathan
  4. Have received in the post today a PCN from Parking Eye for over-staying in a car park at a retail park in Dewsbury. Details as follows: Date of the infringement: 31 August 2016 Date on the NTK: 6 September 2016 Date received: 10 September 2016 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes Is there any photographic evidence of the event? The letter includes 2 time-stamped photos of my car registration plate entering and leaving the car park. Have you appealed? Not yet - wanted to get advice from here first. Have you had a response? See above Who is the parking company? Parking Eye I am aware that the advice on dealing with these PCNs has changed from the "ignore it, they have no legal standing" advice of previous years so wanted to get some advice on how best to respond. I take it I need to appeal to Parking Eye, which will naturally be rejected, and then to POPLA? On what grounds is it best to appeal? I did overstay in the car park by about 30 minutes (though tbh I can honestly say I have parked in that car park many times and never noticed the signs stating the time limit etc - am guessing they are probably high up (above eye level) on lampposts as that seems the favourite place to put them these days) basically because the appointments we had (with the bank and then in the mobile phone shop) took longer than expected. The advice on the appeals and complaints procedure on the reverse of the letter says to include things like store receipts or proof of purchases etc. Do I include the store receipt from the mobile phone shop? So I bother the staff member we had an appointment with at the bank and ask her to send me confirmation of our appointment time etc? :/ Thanks in advance for any help.
  5. I've recently received a standard Parking Charge Notice from parking eye for a car park visit 31 days after the visit which I paid for. The notice shows my entry and exit into the car park and the duration of just over 2 hours of parking. The circumstances are I paid for 3 hours of parking, I inputed my number plate into the machine, I assume in the correct format and dispayed my ticket in full view on the dash. After 25 days I disposed of the ticket as I assumed the need to retain had passed. I have registered an appeal and admited I was driving and disclosed all facts. I also found their number and rang them. I was told a search of the machine would show if I had paid. The charge is for £100, £60 discounted and was issued 27 days after the visit. I have heard nothing from them in nearly a week. I fulfilled my contract with parking eye and consider their pursuit for payment unlawful and DVLA's compliance unlawful too. Can I expect parking eye to take this all the way to court? If so will they be bound to provide a record of registration inputs for that day as requested and I would also like to see evidence that my car was parked without a ticket displayed ( this won't exist as it was displayed). This would be the basis of my case, does anyone have any advice or comment to help me? Thanks.
  6. Parking Eye have cancelled/been obliged to cancel two 'tickets' for me so far. The first (an out of town shopping area car park) went through the full POPLA process, the second (Asda car park) was just cancelled by Parking Eye after I lodged an appeal to Parking Eye online. Here is the text I used (all gleaned from the CAG forums - thanks very much, everyone). I hope it helps someone. ********* INITIAL ONLINE APPEAL TEXT (both appeals) ************** Dear Sir or Madam re: PCN number XXXXXX/XXXXXX I have received your parking invoice impersonating a 'parking ticket'. It is clear that your operation is some sort of 'parking space maximisation scheme' and your aim is clearly to maximise profits. I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis: A The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss. B You are not the landowner and do not have locus standi. C Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract. If you choose not to cancel this invoice you must issue a rejection letter in reply to my appeal, explaining: 1 The legal basis of your charge (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation. If you try to rely upon ParkingEye v Beavis at POPLA, I will point out that it was a flawed decision, it is not binding, and it is set for the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it. 2 Proof of your locus standi to offer contracts to drivers at this site. 3 Your explanation of the consideration that you believe flowed from the driver, and from yourselves. 4 A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions. 5 The means to make an appeal to POPLA or the IAS. Please note that I intend to claim my costs when I prevail. ********* FULL POPLA APPEAL TEXT ************** I am the registered keeper of the vehicle related to the parking charge notice XXXXXX/XXXXXX. I have researched the matter and contend that I am not liable for the parking charge on the following grounds and would ask that each is considered: 1. Unclear, Inadequate and Non-Compliant Signage 2. Contract with the Landowner is not Compliant with the BPA code of Practice and No LegalStatus to Offer Parking or Enforce Charges 3. No Contract with the Driver 4. Unfair Terms 5. ANPR Accuracy 6. No Breach of Contract and No Genuine Pre-Estimate of Loss Below are the detailed appeal points. UNCLEAR,INADEQUATE AND NON-COMPLIANT SIGNAGE Due to their high position, overall small size and the barely legible size of the small print, the signs in this car park are very hard to read, understand, and no notices at all are positioned near the entrance, the parking space used or exits to any of the shops. I contend that the signs and any core parking terms ParkingEye are relying upon were too small for any driver to see, read or understand. I request that POPLA check the Operator's evidence and signage map/photos on this point and compare the signs to the BPA Code of Practice requirements. I contend that the signs on this land (wording, position, clarity and frequency) do not comply and fail to properly warn/inform the driver of the terms and any consequences for breach, as in the case of Excel Parking Services Ltd v MartinCutts, 2011 and Waltham Forest v Vine [CCRTF 98/1290/B2] CONTRACT WITH THE LANDOWNER - NOT COMPLIANT WITH THE BPA CODEOF PRACTICE AND NO LEGAL STATUS TO OFFER PARKING OR ENFORCE CHARGES ParkingEye do not own this car park and are assumed to be merely agents for the owner or legal occupier. In their Notice and in the rejection letters, ParkingEye have not provided me with any evidence that it is lawfully entitled to demand money from a driver or keeper, since they do not own nor have any interest or assignment of title of the land in question. It has also been widely reported that some parking companies have provided“witness statements” instead of the relevant contract. There is no proof whatsoever that the alleged signatory on behalf of the landowner has ever seen the relevant contract, or, indeed is even an employee of the landowner. I require,if such a witness statement is submitted, that it is accompanied by a letter,on landowner’s headed notepaper, and signed by a director or equivalent of the landowner, confirming that the signatory is, indeed, authorised to act on behalf of the landowner, has read and the relevant terms of the contract and is qualified to attest to the full limit of authority of the parking company I do not believe that the Operator has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park, or indeed the legal standing to allege a breach of contract. I refer the Adjudicator to the recent Appeal Court decision in the case of Vehicle Control Services (VCS)v HMRC ( EWCA Civ 186 [2013]): The principal issue in this case was to determine the actual nature of Private Parking Charges. It was stated that:"If those charges are consideration for a supply of goods or services,they will be subject to VAT. If, on the other hand, they are damages they will not be." The ruling of the Court was that "I would hold, therefore,that the monies that VCS collected from motorists by enforcement of parking charges were not consideration moving from the landowner in return for the supply of parking services." In other words, they are not, as the Operator asserts, a contractual term. If they were a contractual term, the Operator would have to provide a VAT invoice, to provide a means of payment at the point of supply, and to account to HMRC for the VAT element of the charge. TheAppellant asserts that these requirements have not been met. It must therefore be concluded that the Operator's charges are in fact damages, or penalties, for which the Operator must demonstrate his actual, or pre-estimated, losses, asset out above. The Operator, either through the original correspondence, nor reply to appeal make no reference to the recovery of monies for the Landlord at all. NO CONTRACT WITH THE DRIVER There is no contract between ParkingEye and the driver, but even if there were a contract then it is unfair as defined in the Unfair Terms in Consumer ContractsRegulations 1999. So the requirements of forming a contract such as a meeting of minds, agreement, certainty of terms, etc. were not satisfied. UNFAIR TERMS The charge that was levied is an unfair term (and therefore not binding)pursuant to the Unfair Terms in Consumer Contracts Regulations 1999. In particular, Schedule 2 of those Regulations gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes atSchedule 2(1)(e) "Terms which have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation." Furthermore, Regulation 5(1) states that: "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer" and 5(2) states: "A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term." ANPR ACCURACY This Operator is obliged to ensure their ANPR equipment is maintained as described in paragraph 21.3 of the British Parking Association's Approved Operator Scheme Code of Practice. I require the Operator to present records as to the dates and times of when the cameras at this car park were checked, adjusted,calibrated, synchronised with the timer which stamps the photos and generally maintained to ensure the accuracy of the dates and times of any ANPR images.This is important because the entirety of the charge is founded on two images purporting to show my vehicle entering and exiting at specific times. It is vital that this Operator must produce evidence in response to these points and explain to POPLA how their system differs (if at all) from the flawed ANPR system which was wholly responsible for the court loss by the Operator in ParkingEye v Fox-Jones on 8 Nov 2013. That case was dismissed when the judge said the evidence form the Operator was 'fundamentally flawed' as the synchronisation of the camera pictures with the timer had been called into question and the operator could not rebut the point. So, in addition to showing their maintenance records, I require the Operator in this case to show evidence to rebut this point: I suggest that in the case of my vehicle being in this car park, a local camera took the image but a remote server added the time stamp. As the two are disconnected by the internet and do not have a common "time synchronisation system", there is no proof that the time stamp added is actually the exact time of the image. The operator appears to use WIFI which introduces a delay through buffering, so"live" is not really "live". Hence without a synchronised time stamp there is no evidence that the image is ever time stamped with an accurate time. Therefore I contend that this ANPR "evidence" from this Operator in this car park is just as unreliable as the ParkingEye system and I put this Operator to strict proof to the contrary. NO BREACH OF CONTRACT AND NO GENUINE PRE-ESTIMATE OF LOSS There was no parking charge levied, the car park is “free”. On the date of the claimed loss it was only at approximately 20% capacity and there was no physical damage caused. There can have been no loss arising from this incident.Neither can ParkingEye lawfully include their operational day-to-day running costs in any 'loss' claimed. I contend there can be no loss shown whatsoever; no pre-estimate (prior to starting to 'charge for breaches' at this site) has been prepared or considered in advance. The charge that was levied is punitive and therefore void (i.e. unenforceable)against me. The initial charge is arbitrary and in no way proportionate to any alleged breach of contract. Nor does it even equate to local council charges for all day parking. This is all the more so for the additional charges which operator states accrues after 28 days of non-payment. This would also apply to any mentioned costs incurred through debt recovery unless it followed a court order. I would question that if a charge can be discounted by 40% by early payment that it is unreasonable to begin with. UNLAWFUL PENALTY CHARGE Since there was no demonstrable loss/damage and yet a breach of contract has been alleged for a free car park, it can only remain a fact that this 'charge' is an attempt at extorting an unlawful charge to impersonate a parking ticket.This is similar to the decisions in several County Court cases such as ExcelParking Services v Hetherington-Jakeman (2008), also OBServices v Thurlow (review, February 2011), Parking Eye v Smith (Manchester County Court December2011) and UKCPS v Murphy (April 2012) . The operator could state the letter as an invoice or request for monies, but chooses to use the wording “PARKING CHARGE NOTICE” in an attempt to be deemed an official parking fine similar to what the Police and Council Wardens issue. SUMMARY On the basis of all the points I have raised, this 'charge' fails to meet the standards set out in paragraph 19 of the BPA CoP and also fails to comply with basic contract law.
  7. I've just got a parking invoice from Parking Eye for parking in a paid carpark for 2 hrs 30 minutes. The car park was £1 for 2 hours in a Morrisons carpark, but it took 31 minutes to get parked , anyway just off to appeal this when I noticed something strange, the name of the invoice is missing the last letters of my name, ie instead of "Annie Barbara Clarke" it says "Annie Barbara Clar", am I obliged to respond to this or is there a better way to handle this ? As a side note, there was no parking ticket issued by any parking attendants, so I am not sure how this can be enforced ?
  8. parking eye have sent this to a female serving soldier who who has returned home for christmas to their letters. basis of it several people have access to the vehicle with her permission. several people have access to the vehicle. no one is admitting to driving at the time. looking at the letter i can not see what the breach was. her problem is 2 days after Christmas she will return to her regiment and not return home until early march which is worrying her that they will get a judgement by default http://s1176.photobucket.com/user/queensclose/media/Mobile%20Uploads/img120_zps56f773ba.jpg.html?sort=3&o=0 http://s1176.photobucket.com/user/queensclose/media/Mobile%20Uploads/img119_zpsce9716c0.jpg.html?sort=3&o=1 http://s1176.photobucket.com/user/queensclose/media/Mobile%20Uploads/img118_zps2932771b.jpg.html?sort=3&o=2 http://s1176.photobucket.com/user/queensclose/media/Mobile%20Uploads/img121_zps503287dc.jpg.html?sort=3&o=3
  9. Hi, New to the forums and sorry if there's stuff on this elsewhere but most advice seems to be for those who've overstayed in a retail/supermarket car park etc. but my case is a little different. I first received a letter from Parking Eye dated 24/10/12 (yes, almost a year ago now!). I was going to pick up my friend who lives in some high rise flats close to a city centre. I didn't know the area and couldn't find anywhere close to park that wasn't double yellow lines. It was approx. 6:30pm and dark at this point and as I was only collecting her, drove into a small carpark close by to call her. I hadn't seen signs driving in (as I said, it was dark and these were not lit- nor was the carpark at all) so only read the sign when I got out of the car. Alas- Parking Eye! (I've had a dalliance with them before after breaking down in one of their car parks- email appeal was accepted) This particular car park was for a hotel's gym and there was no allowance for a limited time of stay; you had to have a badge displayed (something the gym gives members I presume) or else you are considered to be trespassing- no opportunity to pay. Now, knowing how Parking Eye works, I knew I would receive a notice anyway since I'd already driven in so I thought I may as well wait for my friend. Unfortunately she was having her hair coloured by a hairdresser friend and I ended up waiting there for approx. 40 minutes- still not a lengthy stay I would add. I emailed appeals @ Parking Eye as soon as I received the letter to say all of this. In addition, I noted that the car park was virtually empty and had photographic of such and therefore the business was not losing out by me being there for the short period of time; it was after 6pm, meaning that the vast majority of commuters and shoppers, of which I was neither, had left the area (the type of drivers whom they aim to discourage from using private car parks such as this one) and that I remained inside the car park for the full amount of time- I did not leave the car and would have happily moved on if someone at the premises had asked me to. I received an email back from them (so essentially an acknowledgment?) to say thanks for contacting and that me address etc. must be at the top of the email for appeals to be considered. I replied with the same email and put the details at the top to make sure I'd done everything asked of me. I got another auto response so presumed everything was received okay. I then received a letter over 8 MONTHS later (dated 16/05/2013). This letter said that they had asked for further evidence- which they had not; I had only received the letter in October from them. I emailed them again summarising my argument to then be met with another auto response saying they had changed their process and now appeals must be submitted through their site. I did as was told and found this process very frustrating as characters were limited which forced me to attach a word doc. to their form containing my argument. I made it very clear that 8 months was a ridiculous amount of time to let pass without contacting me and I believed this was deliberately done in the hope that I would have no evidence to give as it could have been lost/forgotten. Incidentally, I had my phone stolen in April which had the images of the empty car park on it. I have a crime ref. number to prove this. I took a screenshot of my form submission. In July I received another email from them claiming that they had asked for more evidence and I had not provided anything (no acknowledgment of my online appeal) and that my appeal had been rejected and that I must pay. I then emailed [email protected] in response to the letter; again reiterating my argument and my anger at not receiving any communication for over 8 months leading me to believe my appeal had been accepted. I attached the screenshot of the form submission and demanded to be contacted on the phone or via email by an actual representative rather than an automated system which hadn't acknowledged anything specific that i had said. Sure enough, someone 'real' replied the following day (with no name).They said they were now reviewing my case. They attached a digital copy of a letter dated 6th november which I never received and am dubious as to whether it was actually sent, saying that my appeal had been rejected. I replied to say that the November letter had not been received and if it had, I would surely have responded as I have done at every opportunity to try and resolve the matter. I then actually went back to the carpark (careful not to park in it!) and took photos in the dark to show how unvisible their signs were. This car park is seriously pitch black! I attached these and reiterated my argument AGAIN. They responded to say they were "fully compliant with British Parking Association regulations on signage, and confirm that there is adequate signage at this site that is visible, appropriately located, clear and legible, so the Parking Charge is fully enforceable." They then told me they were not prepared to communicate with me further on the matter. Also worth noting that I did not appeal to POPLA following online advice which said that if your appeal is based on mitigating circumstances (which it was; emptiness of car park, time of day, length of stay, me being with the car, inadequate signage etc.) rather than law it was likely to be rejected. I've now received this court claim form. I intend to defend the case- if the resounding advice is that I have one?! I'm just unsure of what to put on my claim form. Also, the claimant is listed as Parking Eye NOT the landowner. I once read that legally, in these cases, it should be the landowner who issues proceedings not PE or the case is essentially void because the 'contract' is with the landowner. Anyone know if that's right? I also read that in these sorts of cases, they need to prove that my trespassing has cost the business money- is that also true? If anyone can point me in the right direction of what to base my argument on or any templates of this sort of thing that would be amazing! Sorry for the very long post but wanted to get all info across. (a young girl who struggles with this legal stuff!)
  10. Just to let anyone who wants to know that I have just received via email the result of my POPLA appeal against a parking fine issued at Charnock Richard Services on the M6. I won!!! they upheld my appeal. Don't know how else I can help people, still have copy of my defence statement and have copy of there decision but not sure how to upload for all to see and use if they want. Think I may have sussed the attachment feature will try to upload the docs.
  11. Hi I've just received a parking charge notice from Parking Eye for Grasmere carpark. I paid for 3 hours but our walk took a bit longer than we thought and I didoverstay by about 2 more hours - my fault. They want £100, discounted to £60 for quick payment. Having read various threads I'm unsure whether it's best to: 1. Ignore, or 2. Appeal, first to PE and then POPLA. As I live a long way from Grasmere I can't go back to check the validity ofthe signs, and I acknowledge I did overstay. So - what's my best course of action? Thanks in anticipation
  12. Good Morning,I have just received a 'Parking Charge Notice' from Parking Eye for overstaying at a free car park by 35 minutes (the allowed period is 2 hours). Teh charge amount is for £100, reduced to £60 if paid with 14 days of the notice. I think that is mad for overstaying by 35 minutes on a sunday, the car park was not even half full.The retail park where we parked contains 2 large shops, and 2 hours is a bit tight to get round them without rushing. Also we have 3 young children (all under 4 yrs old), one of whom needed breastfeeding whilst we were there. This just made getting back within the 2 hour limit impossible.Are these charges actually enforceable? what should I do?
  13. I recieved a letter at my address in December 2012 of a company called parking eye and a fine of 60 pound sayin on November the 1st at ****** I drove into the car park and my total stay was for 2 hours and 18 minutes and I'm only allowed 2 hours. and it had two pics one off my car driving in and out! No face is clearly visible, after reading many forums I decided to ignore it. In January I recieved another letter saying I now owe 100 pound. I was a bit nervous but decided to ignore it. we're now in April and I have now recieved a letter from debt recovery plus limited saying I now owe 150 or i could get bailiffs at my address or court proceeding. Natural I'm nervous about this. Also if I could get black listed or bad credit ratings. Iv gave no response at all to these letters. I'm just lookin for some professional advice or somebody who has gone through it to advise me what to do. Thanks in advance
  14. Hi all, I didn’t post my situation here but did follow the advice and ignored a Parking Eye notice; I received the expected two letters and since have heard nothing. So firstly thanks to CAG My Query The next time I was back at the services, I checked the signage and it warns that non-payment may result in your car being clamped at that service station or other Parking Eye managed service stations. How likely is that? Secondly I yesterday found that my local ASDA is managed by Parking Eye so became even so worried that clampers might turn up there? Any experience of this? Thanks in advance Aud
  15. Hi, i received a parking charge notice from Parking Eye when i pulled in to a Thistle Hotel staff car park whilst on holiday in Poole. There were signs stating it was a staff car park, but didn't see reference to Parking Eye and even if i had, i wouldn't have known who they were as i've never hard a notice like this before. Stupidly, i neglected to google this and went ahead and 'appealed' to Parking Eye by email, basically admitting that i was the driver and only pulled in to the car park because my 2 year old was poorly in the back of the car and we needed to sort him out. We didn't get out of the car and were there for 35 mins. Then yesterday i received a letter from Parking Eye stating my appeal had been unsuccessful and i again responded by email asking for sympathy on the matter, which i know is laughable now. Only then did i think to google Parking Eye and found a myriad of stories and that i should have ignored them in the first place. Question is, what do i do now? I'm tempted to send a letter with lots of legal jargon which i've picked up, demonstrating that they can't do anything, or i can just ignore them. Obviously i don't want a court case on my hands and the fact i've basically admitted i was the driver does put me in a weaker position. Any advice would be useful. Thanks Anthony
  16. I have just received a so-called parking charge notice, complete with black-and-white checkered border, from Parking Eye for overstaying their limit of 90 min in the carpark of a local supermarket by 17 min. Their extortionate charge for those 17 minutes is £40 if paid within 2 weeks, £70 and escalating threafter. There is no charge for use of the carpark, though a limit of 90 min is stated on signage. How should Parking Eye's parking charge notice be dealt with? trappist
  17. Hi Forum, Firstly, thanks for all the help, even though I only just joined properly, I’ve been taking advice for a while from here, so thanks. I have had several letters from Parking Eye regarding their Parking Charge Notice. I ignored them all, until the last one, stating I had to pay their full amount of £70 and another £70 on top of that if not paid by yesterday, which I didn't pay of course. I wrote using snippets from other letters posted on forums, including: “You appear to claim that I, as the keeper, am legally responsible for this alleged debt/charge. I deny this. Please substantiate your claim with appropriate citations of case and/or statute law. Please also note that I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing your pursuit of the alleged debt you are using deceptive/and or unfair methods" which I'm sure you have all seen already, the letter says; "My Appeal" has not been accepted (I didn’t make one?) “You have stated that you were not the driver of the vehicle at the time, but have failed to tell us who was. Judge Ackroyd, 2008, Oldham Court, Combined Parking Solutions Vs Mr Stephen Thomas, where Mr Thomas claimed not to be the driver, but did not state who was, ruled that on balance of probability he was the driver and ordered the charge to be paid plus costs”. and now they will hold my charge for a further 14 days to give me a chance to appeal again ? can anyone see any reason why I should take any action ? thanks for your advice I added a PDF of the letter Parking Eye forum2.pdf
  18. My wife parked in the Priory Fields Retail Park in Taunton which is isolated from the town centre. She spent 3 hours 26 minutes shopping only at that retail centre and had not realised there was a limit of 3 hours. I find it highly unlikely that this would stand up in court as we can prove by receipts that she never left the retail park. ParkingEye have clearly been employed to catch out people who just use the car park. My wife is considering writing a letter of appeal to them but I feel that we should write and tell them that we will not be paying as we can prove she never left the site. Does anyone have similar experience of this scenario?
  19. Hi - Grateful for help - am new at this game. We got a Parking Eye PCN for parking next to a Newquay Beach in foul weather amd just ate our sandwiches before moving on after 20 mins. 2 questions - 1. is it legal to charge if you don't leave the car. 2. Is it worth just ignoring letters from this company? I have attached a scan of the ticket. Regards Jeff
  20. I have received a few PCNs from Parking Eye for the same car park. I have always ignored correspondence from them. If I continue to park at this place will they eventually try to take some further action against me?
  21. Hey guys, Just curious if anyone else has posted their dealings with Parking Eye online and recently had a "take down" request issued to them (possibly via web hosts)? I have, as have the moderators of the PePiPoo consumer rights bulletin board. Apparently reporting the methods Parking Eye use to get money out of people is "defamation". Unfortunately it means I have to pull one of my blog posts down by Monday or my entire site will be removed by my hosts. The legal seagulls involved are a company called M Law. I have a feeling Parking Eye are running frightened from the bad publicity and the fact that people might be *shock horror* finding out that their charges have no legal basis and may not be coughing up. My post will remain till Monday if anyone wants to check it out before then, Honestly, if anyone can find anything "defamatory" in it, please let me know. I can't post links as yet - need 20 posts - so if you Google for "moshblog", then search for "PakringEye" on the blog itself (top right) you'll get the post. Cheers.
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