Parking Eye 'Fined' for waiting for space in private pay and display

[Dave Taylor]

My wife entered a private pay and display car park in Blackpool, and drove around looking for a free space. After about 20 mins of waiting for a space to come free, she gave up and drove out.

 

Some time later we received a parking fine for £100 (£60 if paid in 14 days). Their evidence was a photo of the car entering the carpark and leaving 21mins later.

 

We obviously felt this entirely unjust as she never actually parked! We apealed in the first instance directly to Parking Eye, who rejected it and said we should appeal to POPLA if we wanted to take it further, which we did.

 

We have just now received a rejection from POPLA saying that as there is proof that she spent 21mins on the car park, and that "it is more likely than not that the appellant deliberately stopped the vehicle for a significant length of time. This means that the appellant parked, whether or not they left the vehicle."

 

They say that we must now pay £100 within 14 days to avoid any charges. We are furious about this and are determined not to pay for Not being able to park.

 

Any ideas what we should do next?

[renegadeimp]

Use gpeol and the fact you were not parked. They'll say you agreed to a contract as stated on signage but how can you agree when the contract is only formed if you parked. And you never did.

 

Ppcs are nothing more than reinvented cowboy clampers and as such should be treated with all the contempt they deserve

[silverfox1961]

Hi and welcome to CAG.

 

This wouldn't be Parking Eye by any chance?

[havinastella]

Hi and welcome to CAG!

 

Firstly, it's not a fine.

 

Second, you should have looked up POPLA appeals before you appealed.

 

I think your only option now you messed up the POPLA appeal is to ignore everything except court papers.

 

There is a huge court case coming up soon with PE, this will have a huge impact on private parking should they win BUT esp WHEN they lose.

[Dave Taylor]

Yes, this was Parking Eye.Ltd.

[silverfox1961]

Yes, this was Parking Eye.Ltd.

 

psychic me.

 

I will try and find the relevant case that got thrown out of court.

[honeybee13]

Duplicate threads merged, please continue to post on this one Dave.

 

HB

[Dave Taylor]

psychic me.

 

I will try and find the relevant case that got thrown out of court.

 

Thanks, that would be appreciated.

[f16]

Keep all paperwork safe just in case it ends up in Court.

 

Out of interest can you give the date of the "offence" and the date the first letter landed on your door mat ?

[Dave Taylor]

Duplicate threads merged, please continue to post on this one Dave.

 

HB

 

Thanks, I was just looking for a way to do that.

[honeybee13]

Thanks, I was just looking for a way to do that.

 

You can't merge your own threads, someone on the team has to do it. If you can't see what you just posted, hit the refresh button and it should appear.

 

HB

[Dave Taylor]

Keep all paperwork safe just in case it ends up in Court.

 

Out of interest can you give the date of the "offence" and the date the first letter landed on your door mat ?

 

The "offence" was on 21st November and the first letter from Parking Eye was on 26th November.

[silverfox1961]

very similar to yours

 

http://nebula.wsimg.com/c289944f81b4afb375a97d05d5a80df6?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

[Dave Taylor]

very similar. ......

 

Thanks. This case was far more complex than ours, but it shows that we should have nothing to worry about.

[Dave Taylor]

Thanks for all the advice. I will keep all correspondence, but ignore anything other than court papers.

 

I will post update if it goes any further.

 

What a geat service, I will make a donation!

[havinastella]

Thanks for all the advice. I will keep all correspondence, but ignore anything other than court papers.

 

I will post update if it goes any further.

 

What a geat service, I will make a donation!

 

many thanks Dave

[f16]

Dave Taylor

 

The notice to keeper (NTK) did arrive within the allowed 14 days.

Shame you did not find this site sooner. ..... But as my Grandmother would have said. "No point crying over spilt milk"

 

The "Up side" of this is. You have found us now !!

[renegadeimp]

I hope PE lose their case in the court of appeal. If they do, then its pretty much goodbye PPC's. if they win, then it has huge repurcussions for pretty much everything similar, and the law will need to be thrown out and rewritten. However for them to lose the case, they would need to show that their charges are a reflection of their costs to issue the ticket. The reason they are always around £100 is because thats what their code of practice states is a max charge.

 

It's pretty obvious what the outcome will be, we just need to wait for it to be determined.

[i hate bailiffs]

I expect you will get ever threatening letters

 

LETTER BEFORE COUNTY COURT CLAIM across the top

I got one if those in September 2013 still no county court claim

 

Is a lottery if you get court paperwork but parking eye are fairly keen

If they do issue it you can still win

[Dave Taylor]

Following POPLA decision, I expect Parking Eye will send me a letter demanding payment of £100. Should I really just ignore this ?

 

I don't want to get hassled with subsequent letters, phone calls and court papers. Should I not reply to Parking Eye making the following points :

 

1. I have no intention of paying as I did not Park.
   
2. As I did not park, I did not enter into any contract.
   
3. I am now getting support and advice from members of the Consumer Action Group
   
4. If this matter is taken to court, I will be claiming costs and expenses.
   
5. I have been advised of a similar case that did end up in court and was rejected.
   

 

Could such a letter help prevent further correspondence ?

If so, any comments on which of the above points to make, or any other points I should make ?

[renegadeimp]

You should ignore them now. Only respond if you get a claim pack then you come here.

[ericsbrother]

I would normally say ignore but PE are very keen on court so it would be wise to create a paper trail.

A simple letter stating what you say here, " 20 mins spent looking for a space and then left without parking. No opportunity to consider, let alone enter a contract so no breach of contract could have occurred. It is for PE to provide STRICT PROOF of a breach".

send that off and if they do decide to sue it cannot be said that you have ignored everything and also PE wont have supplied any evidence of a contract being formed and broken because they cant.

[Dave Taylor]

On returning from holiday, we had a further letter from Parking Eye dated 18th Feb, entitled "LETTER BEFORE COUNTY COURT CLAIM", in which they request payment of £100 within 14 days. They warn us that if payment is not made, then "... further action will be taken and court proceedings will be issued, which will incur a number of furtyher costs."

 

I have therefore drafted the following letter, which I intend to send to PE in the next day of so. Any comments on wording before I send would be appreciated.

 

Dear Parking Eye,

 

With reference to your “LETTER BEFORE COUNTY COURT CLAIM” dated 18th Feb 2015. I write to inform you that we have now taken advice on this matter and that we shall not be making any payment.

 

After spending 21 mins looking for a free space, I left without parking. There was no opportunity to consider, let alone enter into a contract, so no breach of contract could have occurred.

 

I am therefore warning you that if this matter is taken to court, I fully intend to defend my case, and will be claiming costs, including, but not limited to my time plus any legal expenses incurred.

 

 

Yours faithfully

[renegadeimp]

Make sure that if theyre stupid enough to issue a claim ( they normally are), then you come back here and eric and others can help you form a complete defence which will sink this fast. PE will try and offer to settle out of court at the last minute, normally asking you to pay all their costs. Dont do it. SHow them up in court for the fools they are, especially since theyre already in the mainstream news in another court case,.

[Dave Taylor]

Make sure that if theyre stupid enough to issue a claim ( they normally are), then you come back here and eric and others can help you form a complete defence which will sink this fast. PE will try and offer to settle out of court at the last minute, normally asking you to pay all their costs. Dont do it. SHow them up in court for the fools they are, especially since theyre already in the mainstream news in another court case,.

 

Thanks, I will certainly do that. (NOTE: At the bottom of your post, it says "If my advice helps you, click the star icon at the bottom of my post ..." Your advice (and that of others) is certainly helpful, but I dont see any START ICON on which to click ?