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Parking Eye Parking Charge Notice


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Please advise. My wife went Christmas shopping to a shopping centre that has in excess of 15 retail units a few weeks ago.

Today I have had a Parking Charge Notice from Parking eye to say my car was there for almost 5 hours! Only 3 hours is permited free. 5 hours shopping would kill me but my wife claims happily its really not that difficult to do any time but especially while Christmas shopping. I guess so, as she visited 6 of the shops and stopped for coffee and a chat to a friend she met there. She has receipts for 3 of the shops but not the other 3.

 

So having read many posts saying ignore them I am concerned about this keepers liability and how best to respond if at all and what teeth does the new legislation of October 2012 give these thieves?

 

Thanks

 

Chris.

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Exactly, I felt like writing to each and every one of the stores and explaining that we will no longer be able to be their customers due to the parking restrictions.

 

After all this is near a B&Q a large Tesco a Homebase and various large furniture shops all affording masses of customer parking so if she wanted to pop into the town centre and use a car park for free it would not have been the one she did use.

 

Still if any one can clarify this new legislation I will happily stick two fingers up but not if its likely to come back and bite my backside.

 

Chris

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Exactly, I felt like writing to each and every one of the stores and explaining that we will no longer be able to be their customers due to the parking restrictions.

 

After all this is near a B&Q a large Tesco a Homebase and various large furniture shops all affording masses of customer parking so if she wanted to pop into the town centre and use a car park for free it would not have been the one she did use.

 

Still if any one can clarify this new legislation I will happily stick two fingers up but not if its likely to come back and bite my backside.

 

Chris

 

This is exactly what you should be doing, writing to every shop and explaining you will not be shopping there again due to this charge you received. The normal advise is to ignore, but we are looking into a templated letter to send to the PPC, warning them off and inviting that they take you to court.

 

Just ignore for now!

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Exactly, I felt like writing to each and every one of the stores and explaining that we will no longer be able to be their customers due to the parking restrictions.

 

After all this is near a B&Q a large Tesco a Homebase and various large furniture shops all affording masses of customer parking so if she wanted to pop into the town centre and use a car park for free it would not have been the one she did use.

 

Still if any one can clarify this new legislation I will happily stick two fingers up but not if its likely to come back and bite my backside.

 

Chris

 

There is no legislation as such surrounding parking on private land, some people appear to be confused about this issue. The only change is that the recent Protection of Freedoms Act gave parking companies the right to pursue the owner of the vehicle in circumstances where the driver is not identified. This does not apply in Scotland or Ireland. However the identity of the driver is only a very small part of a much bigger debate surrounding legality. (Please read VCS V Ibbotson). This slight variation was made by the Westminster Government on the condition that the British Parking Association (A club for Private Parking companies no legal status as such) set up an independant appeals process. (POPLA). This appeals service has a very narrow remit and does not address the many questionable issues surrounding these invoices and the decision is only binding on the company and not the recipient.

 

Against this background, the general advice is to ignore and just laugh off the begging letters, on the other hand some people do prefer to respond, if this is the case then by all means do it through the retailers or the landowner and ignore the PPC.

 

VCS V HMRC and Parking Eye V Somerfields are also intersting.

I hope this information is of assistance.

Edited by Crocdoc
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Parking Eye seem to be caving in when POPLA is threatened, so it may be worth writing one time to them if you would rather this ends sooner rather than later. They know that otherwise it will cost them an extra £27 and you will ignore them anyway.

 

Dear xxx,

 

Re: your invoice ref: xxxx

 

Following advice on the Consumer Action Group parking forum, I wish to appeal on all possible grounds, including but not limited to the following:

1) The vehicle was not improperly parked

2) The parking charge (ticket) exceeded the appropriate amount

3) I am not liable for the parking charge

 

I will not be providing any other details or entering into any other correspondence with you.

 

I require you to either cancel your invoice, or refuse my appeal within 35 days of the date on this letter. If you refuse my appeal, I require you to provide me with the POPLA appeal code.

 

If you do not resolve this with 35 days as per the BPA code of practice section 22.8, then I will deem you to have upheld the appeal.

 

Yours,

 

xxx

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Parking Eye seem to be caving in when POPLA is threatened, so it may be worth writing one time to them if you would rather this ends sooner rather than later. They know that otherwise it will cost them an extra £27 and you will ignore them anyway.

 

Dear xxx,

 

Re: your invoice ref: xxxx

 

Following advice on the Consumer Action Group parking forum, I wish to appeal on all possible grounds, including but not limited to the following:

1) The vehicle was not improperly parked

2) The parking charge (ticket) exceeded the appropriate amount

3) I am not liable for the parking charge

 

I will not be providing any other details or entering into any other correspondence with you.

 

I require you to either cancel your invoice, or refuse my appeal within 35 days of the date on this letter. If you refuse my appeal, I require you to provide me with the POPLA appeal code.

 

If you do not resolve this with 35 days as per the BPA code of practice section 22.8, then I will deem you to have upheld the appeal.

 

Yours,

 

xxx

 

Thanks for all the replies but just wondering why the 35 day limit hoohoo? I always thought 28 days was a good time limit. I need educating!

Thanks again

 

Chris

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35 days is the time specified in the BPA code of practice, section 22.9.

 

cant post urls, but here is the link. change xxx to www

 

 

xxx.

britishparking.co.

uk

/write/Documents/BPA_Code_of_Practice_2012_Version_1_October_2012.pdf

 

No idea how they actually arrived at this.

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Best course of action is write- to the retailers/landowners and ignore PPC. Only when they realise it will hurt them will they do anything about this - would definitely target those with "coffee shops" as most likely to be affected if no time to relax.

 

I had a result with ALdi - they got PE to cancel a ticket and refund the £40 my daughter paid in panic.

 

The more people do it the better - even if not had a ticket.

 

Intend

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  • 4 months later...

The latest is they have sent Debt Recovery Plus Ltd.

 

Hubby has been in hospital since December 2012 so I have written and told them this. Will have to see if they choose to carry on as I have informed them I will get a representative to go to County Court if thats the route they choose.

 

Legal thieves they are ba^*£^ds.

 

Chris' wife

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