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  1. 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!)
  2. I rec'd a PCN on for parking on Private land. The parking Permit was displayed in the Passenger side door but we still got a ticket. I appealed and sent a copy of the parking permit along with the PCN and it got rejected. When I appealed I admitted to who was driving at the time. Will I have to pay the ticket now? It's £60 and I just can't afford that. I have 14 days left after which time it will be £100. I appealed via their website and when submitted it said I would receive a reply via email. I didn't receive a reply from the company that issued a ticket, I logged into their website because it has been a week since my appeal and I hadn't rec'd a reply. That's when I saw it had been rejected and there is no info on how to appeal again. I clicked on the appeal button but it says I can't appeal again since it had been rejected once already. What can I do now? Do I have to pay the ticket. Please help and Thank you in advance.
  3. [ATTACH=CONFIG]38349[/ATTACH]I am currently on crutches following a broken leg. My wife took me out to the cinema, & parked in a disabled bay, which is on private land. We checked the parking sign, & there was no stipulaton that a blue badge must be displayed. The only stipulation was that vehicles could be immobilised if "improperly parked in a designated disabled parking bay". See attached photo we took of the parking sign. We asked members of staff at the cinema complex if it was ok to park there, & no one seemed to know. When we returned to the vehicle, it had been clamped. We called the clampers & were told that we should have displayed a blue badge, & that it is why we were clamped. They were very rude to my wife, & demanded the £125 (in cash - the debit card machine was allegedly out of action), or the vehicle would remain clamped. We ended up paying the fine, if only to get home that night. We appealed, but received a standard letter from the clampers, saying that a blue badge must be displayed. I called CAB, & they admitted that it was a grey area, & it was up to me whether I pursue it. Any thoughts? If the painting of a yellow disabled sign on the ground automatically means that a blue badge must be displayed to park there, then fair enough. We were in the wrong. However, I cannot find anything to suggest that this is the case. I hope someone can help, & tell me if I am wasting time & money challenging this. Thanks in advance.
  4. My husbandreversed out of a parking bay at an Esso Petrol station after checking it was safe to do so. A car had been stationary when he checked but started to advance towards him while he was reversing. Hefailed to notice that the other car was now coming towards him because he had his head turned. The insuranceis adamant that he has sole liability for the accident because he was reversing. They said the ’onus of care’ is on the reversing driver and therefore he is liable for the accident. He reversedbecause the other car was NOT moving and surely cannot be held responsible foran accident, simply based on the direction the car was moving! Could youplease advise how we can achieve a 50/50 liability or if the other party is infact liable. Is there any point in requesting CCTV footage from the petrol station to show what really happened? Hope someone knows how to proceed. many thanks for your feedback
  5. Will at any point PPC's be able to demand the details of the driver from the registered keeper under the proposed changes regarding parking and private land. I know it was only a proposal a few months ago, but is anything going to change in favour of PPC's or clampers?
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