ParkingEye NTK **Won at POPLA**

[vjst]

I received a notice to keeper asking for £100, discounted to £60 if paid within 14days. £100 for 20mins in there! No clear signs seen, other than it was a private car park. It was dark also. Assumed it was an industrial estate and remained with the car the whole time. Naively assuming it'd be no trouble and would move on if asked.

 

Planning to appeal on the grounds of unreasonable charge and will use the parking cowboys letter! Wish me luck!

[ericsbrother]

Whoa!

when was the date of the event, when did you get the NTK and waht evidence was offered regarding the vehicle being parked in breach of their contractual terms? If it was ANPR capture then the NTK should have piccies of the car entering and leaving the site plus other information and this has to arrive on your doormat no later than 14 days after the event. Tell us more and post up the NTK with personal details removed and we will advise you what to say in your appeal. PE usually get this right but not always.

[vjst]

It had an ANPR capture, date is less than 14 days. Jut shows a poor quality picture of the car front and back. Creditor stated clearly.

[armadillo71]

I received a notice to keeper asking for £100, discounted to £60 if paid within 14days. £100 for 20mins in there! No clear signs seen, other than it was a private car park. It was dark also. Assumed it was an industrial estate and remained with the car the whole time. Naively assuming it'd be no trouble and would move on if asked.

 

Planning to appeal on the grounds of unreasonable charge and will use the parking cowboys letter! Wish me luck!

 

 

 

 

You assumed it was an industrial estate but it wasn't... so what was the car park for?

[vjst]

You assumed it was an industrial estate but it wasn't... so what was the car park for?

 

It was dark and hard to tell. Turns out it served a nearby football stadium. If I'd seen a sign saying £100 if you enter and leave after a few minutes I'd never have gone near it.

[themagician]

in a dark car park ,don,t know what its for or serves ???,if you would have known it would cost £100 to enter,wouldn't have gone near it ??????? very strange!.

[ericsbrother]

Interesting that you can park at a football stadium without some form of barrier control, however your response will be the same.

Firstly do not speak about yourself as the driver but say "the driver" instead of " I". You can say that the driver entered the car park by error and did not see any signs that indicated that parking was conditional to terms expressed in a contract. He therefore could not consider an offer of a contract and decide to accept or decline those contractual terms so it is denied that a contract ever existed to be breached and so no damages can be claimed for such a breach.

They probably wont accept that (why should they want to lose money just because you are right) but will be obliged to tell you how to appeal to an independent adjudicator.

If it is local to you get down there and photograph the signage at the entrance to the car park. We can then tell you whether the signage is likely to be considered adequate to form a contract and believe me, many arent. Knowing who the landowner is will be useful as well. Not always the same as the occupier so you may have to spend £3 with the land registry at a later stage but not yet

[vjst]

Interesting that you can park at a football stadium without some form of barrier control, however your response will be the same.

Firstly do not speak about yourself as the driver but say "the driver" instead of " I". You can say that the driver entered the car park by error and did not see any signs that indicated that parking was conditional to terms expressed in a contract. He therefore could not consider an offer of a contract and decide to accept or decline those contractual terms so it is denied that a contract ever existed to be breached and so no damages can be claimed for such a breach.

They probably wont accept that (why should they want to lose money just because you are right) but will be obliged to tell you how to appeal to an independent adjudicator.

If it is local to you get down there and photograph the signage at the entrance to the car park. We can then tell you whether the signage is likely to be considered adequate to form a contract and believe me, many arent. Knowing who the landowner is will be useful as well. Not always the same as the occupier so you may have to spend £3 with the land registry at a later stage but not yet

 

Thanks for this and all the help you give people here. I've not admitted any liability as per your suggestion. I have sent my appeal. Personally I fundamentally disagree with this practice in general. Regardless of signs, etc. It is in my view simply a [problem] and eventually made illegal.

[vjst]

This has gone to POPLA now. I got the "evidence" from Parking Eye through the post yesterday. To me it just 100% confirmed what a [problem] this is. The signs at their site were tiny, not lit and away from the motorists view!

 

They also didn't include evidence that they have the right to operate the land. Just their word.

 

We'll see what POPLA do soon!

[vjst]

Just to update all on this - I won my POPLA appeal. Thanks to all on here!

 

Parking Eye didn't provide evidence that they had a contract in place - what a joke! They are either incompetent or without a contract absolute cowboys of the highest order.

 

Keep fighting people!