Parking Eye charge notice

[JanCarlo]

Hello, we have e mailed the following today. Willl update you with their response when we receive it.

 

 

Without prejudice

To whom it may concern

Ref: Parking charge notice - ***********

 

I acknowledge receipt of the above, dated 26.2.15 in relation to parking in Aire Street, Leeds.

 

On 21.2.15 I parked at the above car park and paid what I thought to be the correct amount for what was advertised as ‘All day parking’ £3.50. My car was in the car park for 1 hour 18 minutes.

I had no idea, and it was not clear from your signage, that staying beyond 6pm would incur a further charge of £5.50 for overnight stay. I failed to pay this extra charge and I consider this amount to be your consequential losses for what was a genuine mistake.

You have written to me demanding that I pay a penalty of £100. I consider this charge to be excessive in comparison to your actual losses. According to recent Case Law, you do not have the authority to enforce such penalties and so your parking charge is null and void.

I would also like to highlight the following;

• You have not stated in your letter what you are charging me for. Your charges do not differentiate between complete non-payers, customers who have overstayed by a few minutes and customers who stay for the duration of the night.

• Your Parking Charge Notice is actually an invoice and not a fine (something that you are not allowed to issue.) You are breaking the law by not including a VAT registration number.

• The charge for overstaying does not comply to any losses suffered, which is all that would allowed in a court of law, as was found in Parking Eye v Smith 2011. I suggest these charges are solely for the purposes of making money out of drivers and their genuine parking mistakes.

 

With these points in mind, I am offering you the amount of £5.50 for overnight stay, in full and final settlement. Your overnight fee starts from 6pm and my car left at 6.25pm. As my car only overstayed by 25 minutes, I consider this to be a more than fair and reasonable amount.

As soon as this amount is acknowledged I will issue you with a cheque for the above amount.

 

Yours Sincerely

[f16]

You have tagged on to a old thread.

I will ask Site Team to start a new thread for you.

 

In the mean time..........

 

Was this a windscreen ticket?

OR

Number plate capture (ANPR) ?

What date did the letter arrive on your mat ?

[honeybee13]

New thread created, guys.

 

HB

[f16]

New thread created, guys.

 

HB

 

Thank you HB

[ericsbrother]

They are unlikely to agree but then you would have to wonder why they then argue the same in the PE v Beavis case? An error or rampant hypocrisy? we should be told.