Parking Eye parking charge notice HELP!!!

[fordie77]

Evening,

 

I have received a parking eye parking charge notice asking me for £40 as I was over the 1 1/2 limit at the local Aldi store. I have appealed against this, and attached proof to them that I was shopping in the store and not just parking there.

 

Do I have to pay if they refuse the appeal? As its states the following on the letter

 

you are notified under paragraph 9(2)(b) of the schedule of the protection of freedoms act 2012 that the driver of the motor vehicle is required to pay this parking charge in full

 

We have the right to recover any unpaid part of the parking charge from you!!

 

Your help is much appreciated :-/

 

Carly

[Sidewinder]

Relax!

 

You have (almost) fallen for their nonsense! This is NOT a fine, you do NOT have to pay it and should just ignore them from now on. Their 'appeal' means absolutely nothing - it just confirms to them that they have a 'live' one who might pay up. It might be fun to appeal further to POPLA if they reject your original plea as that will cost them, but essentially you should just ignore anything they send from now on - it will mention words like Court, Judgment, Debt Collector and even Bailiff, but after a few such letters, which may even use red writing to show that they mean business, they will eventually stop - it won't go near a court, and they will eventually move on to easier victims.

[Sidewinder]

Oh and

you are notified under paragraph 9(2)(b) of the schedule of the protection of freedoms act 2012 that the driver of the motor vehicle is required to pay this parking charge in full[/Quote] means absolutely nothing - you were the driver and I daresay that you are also the keeper. It just means that if you intended to say that you are not liable because you were not the driver then they have another angle to attack.

[fordie77]

Thank you so much for your help, I just worry when they start quoting we can collect the money from you bla bla!

 

sorry to sound stupid but what is the POPLA? I cant see how it is right that they can get your information from the DVLA either?

 

[Andy77799]

I think they pay something like £2.50 for each reg request so DVLA make millions out of it!

But now thanks to this site and you taking the time to google it, they will make nothing out of you & any friends that you care to inform

of this dodgy dealing parking pratts!

 

Well done!

[BankFodder]

Interesting to see that they claim to have the right to recover the money.

 

If you have the time, it would be helpful if you would write them letter and ask them how that right has come about, if the right extends to bringing a court action and if so will they please explain and provide evidence of the right.

 

It would aslo be helpful if you would write to Aldi and ask them if it is true that Parking Eye has these rights and if they would provide you with an explanation of the arrangements which enable this.

 

Tell Aldi that if they will not provide this to you, then in the event that Parking Eye take you to court, you will apply for a witness order compelling them to attend court to give evidence as to their arrangement with Parking Eye and also as to the extent of the losses caused by any alleged parking breach.

 

Now what I have suggested may sound like a lot of work - but if you did it, the results would be interesting

[Andy77799]

I guess it depends on how scary it all sounds to them how much of the wording is understood etc.

 

I wouldn`t be happy writing a letter unless I fully understood what it all meant & knew all about it.

 

But of course they can always come back here for help from you...

[jkhamilton]

thankyou! i had a similar notice. Total crooks, i pay my parking everyday & forget once and am made to feel like a criminal!

[Claire Bristol]

I just received a fine from Parking Eye for parking at Aldi Bristol at 19:46 for 1 hour and 47 minutes. Their letter informs me that I was in breach of parking restrictions as I stayed more than 1 1/2 hours on the parking lot. Although their letter does not state this, I suspect I was also illegally parking on the Aldi car park whilst not being a customer as the shop had already closed for the day! I thought the restricition just applied to day time parking so that shop customers can park next to the shop but I didn't think there would be any issue with evening parking...As mentionned in previous post, their letter is rather threatening and I really cannot afford to be taken to court. Previous replies clearly say that Parking Eye charge notices (interesting they call this a "notice" not a fine) should be ignored..... Really? They have no legal power to take me to court?

[Sidewinder]

 

sorry to sound stupid but what is the POPLA?

 

 

POPLA is the Parking on Private Land Appeals service http://www.popla.org.uk

 

Where the parking company have rejected your appeal you can appeal to POPLA who are independant and actually charge the PPC £30 or so for the appeal.

 

Notwithstanding that - all of the previous advice remains - don't pay!

[Sidewinder]

I just received a fine from Parking Eye for parking at Aldi Bristol at 19:46 for 1 hour and 47 minutes. Their letter informs me that I was in breach of parking restrictions as I stayed more than 1 1/2 hours on the parking lot. Although their letter does not state this, I suspect I was also illegally parking on the Aldi car park whilst not being a customer as the shop had already closed for the day! I thought the restricition just applied to day time parking so that shop customers can park next to the shop but I didn't think there would be any issue with evening parking...As mentionned in previous post, their letter is rather threatening and I really cannot afford to be taken to court. Previous replies clearly say that Parking Eye charge notices (interesting they call this a "notice" not a fine) should be ignored..... Really? They have no legal power to take me to court?

 

Read up on all of the various Parking Eye threads on the forum and you will see that you are amongst friends. The fact that the store was closed demonstrates better than anything that this is a clear money-making scheme for Parking Eye rather than a retailer legitimately wanting to preserve parking spaces for their valuable customers.

 

Don't worry - it won't get near a court and their Invoice - for that is what it is, not a fine - is merely a request for you to send them some money. They may (and will in subsequent letters), increase the pressure by bumping up the charge, and adding costs, they will threaten court action, and use words like Judgment and Bailiff, but the fact is that unless and until they issued proceedings in court, all of those things are irrelevant. They may even get a debt collection company to write to you in the hope that the shame will force you to pay up, but don't worry - they have even less power, and are used purely and simply because a lot of people worry and are likely to cave in.

 

The fact is that a PPC can only in very limited circumstances take you to Court - it would normally have to be the landowner themselves, and they don't, for all sorts of reasons, not least because of the likely negative publicity, and because the case would be formed on extremely flimsy grounds. The same applies even where the PPC has the authority of the landowner to issue proceedings - they very very rarely do so as in a defended action they need to prove that an agreement existed that you would pay them and that the amount charged represents actual losses incurred rather than being a penalty, which is unenforceable in law. You would have to have read and understood all of the details on any signage - if you saw a sign in the first place - including any small print, and they would have to demonstrate that your breach of any conditions caused a financial loss - did you take up a space which a customer could have used and then spent money in the store? Since the store was closed, then it would be very hard to claim that your actions resulted in a loss of revenue.

 

Either ignore altogether, and keep ignoring until the letters and threats stop - and they will, or if it makes you feel happier, write a simple statement to the effect that "any liability to yourselves or any company that you represent is denied and I will not enter into further correspondence". It won't stop them writing, but makes your position clear from the outset. If a debt collector writes, then tell them that no 'debt' exists to collect so do one, and don't get into any form of letter tennis with any organisation over precisely 'why' you won't pay - they will just try to tie you up in knots with legal jargon and untruths.

[fordie77]

So people up date on my parking charge I appealed against it on Thursday and I had a letter by the time I came home on Friday saying they had cancelled the charge !!!

 

Thanks for all your help x x x x