Parking Eye , paid £6 for ticket, but used wrong REg No. - help

[Shineupon128]

I received a ticket from Parking eye,

to my annoyance I had actually paid more than I should have,

 

 

the error was incorrect reg no,

we had parked with the intention of staying for quite a while

when in fact due to cold weather we only stayed a very short time,less than two hours,

my friend got the ticket and we had a conversation about the length of stay,

 

 

she paid six pounds and we realised the amount gave us grace to stay until Monday morning

to our delight due to it being Sunday but she sadly put the wrong reg in,

 

 

I just said don't worry the thing will be displayed on the windscreen so no big issue..

.I was obviously wrong..

two weeks later a ticket arrives..

 

 

.. I have ignored it due to being very annoyed at the fact we had paid and breached no ones contract and I refuse to admit to something I did not do,

 

 

to top it off I am a clean person and the ticket had long gone by then,

so we are just waiting on a court date now,

 

 

the threat of court letter has been through my door so we are now waiting.....

[renegadeimp]

Why haven't you appealed to popla using gpeol as an appeal and gotten rid of parking eye already?

[Shineupon128]

Because all the guidance I looked at pointed out you need the ticket to prove your innocence.

I believe you can use witness statements in court so thought that would be the best bet.

[SabreSheep]

Please help yourself.

 

Please post dates ticket was made

Dates of any letters etc

[dx100uk]

its not a FINE and it is not a PENALTY.

 

 

dx

[Shineupon128]

Well this is what we figured, it is not a fine or penalty, it is a breach of contract, which we did not do.

 

 

.. We figured going to them to appeal would be fruitless without the ticket and looking at POPLA guidance on appeals you also need the ticket.

 

 

Of course we did pay and we did not break any contract so we figured using the witness statement which you can use in court

but cannot use in the initial appeals was the only way,

 

 

as far as ccj credit damage is concerned we are not that concerned as we never use credit

so we should not be affected if it goes wrong and an offer of £2 a month wont break the bank,

 

 

but principal wise admitting to something that we did not do is something I am not prepared to do.

 

 

Maybe those principles will cost me a few quid but so be it.

[renegadeimp]

Should have used popla and nipped it in the bud. Now youve got to deal with the judges lottery, especially after the beavis case.

[Shineupon128]

According to the popla grounds to appeal our situation does not fit the criteria or we would have done...

[renegadeimp]

The only appeal you need for popla, for ANY claim by parking eye on private land is GPEOL. What did you appeal to popla with?

[ericsbrother]

Try reading the advice here rather than telling us a tale of woe and saying nothing can be done because it can.

You may be too late for POPLA but write a letter to PE saying that the prescribed fee was paid so you were entitled to park as you did. The entry of the wrong registration details does not breach the parking conditions and no loss has been caused by your actions so the claim for £xx is unwarranted. You will defend any court claim and will consider a counterclaim as you PE failed to keep their side of the contract and allow you use of the facilities you were due after paying to do so.

[Shineupon128]

ericsbrother that's exactly the kind of wording we where going to use in the court to accompany the witness statement, is there something we have missed in the thread ericsbrother as you seem to think we have not read the advice here, renegadeimp asked why we had not used popla our reply was because their criteria for appeal did not fit our situation so therefore we could not appeal with popla, leaving the only course of action to wait for court.

 

We have read many accounts for grounds to appeal and having no ticket to prove we did not brake their contract seems to be our only downfall.

 

We had not thought of writing to PE themselves because they appear to take great delight in refusing appeals from what we have read so thought it would be a waste of time so their letters have just gone in the bin, but as you point it out it will be worth shelling out for the stamp to send them the defence we will use in court along with the added counter claim that you have brought to our attention, which is great advice, thank you.

[ericsbrother]

Writing to them gives a paper trail and it then is incumbent upon PE to actually show their hand. There will be an awful lot of paperwork you can demand if they do carry on so you may get a reduced settlement offer. Personally I would decline that as well as it really means they dont have a case that will stand up.

[renegadeimp]

The criteria did fit. You could easily have said what you said here, as the ticket was purchased, even with an incorrect reg number, plus they never lost anything so you can use GPEOL.

 

But thats an aside now sadly.

[Billy's mate]

Shineupon, when you receive one of these PCN's you have to play the game. Firstly, you write to the parking company. They reject your appeal, but supply a POPLA code. Even if you get rejected by POPLA, you still don't have to pay up - you wait for the parking company to take you to Court. If it gets that far, the Judge may take a dim view if you haven't followed this trail. I doubt it will reach a Court, but you certainly haven't helped yourself in this matter despite having some good ammunition.