Parking Eye PCN After hours - The Range/Toppstiles/Jollyes, Bolton.

[Alicat_69]

A friend has received a Parking Eye PCN after a car in his name was driven by a family member (with permission and insurance) into a small retail park when it was closed.

 

 

The driver felt unwell on the way home one evening and drove into the car park,

stayed in the car and then left 40 minutes later.

 

 

The signs are clear and it does say no parking is allowed once the stores are closed

so it may be that this unfortunate mistake has cost them dearly

but if there's any way out of it I'd like to help them.

 

Can anyone give any advice?

 

(Apologies if this is already on here but I have one day left to write them and a long working day ahead of me so don't have time to read them all.)

[dx100uk]

hello lets get you sorted

 

 

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

[mariner51]

I would suggest was caught by ANPR monitoring car park 24/7 and was caught for breach of Conditions

[ericsbrother]

what do the signs say about this?

I bet they dont say anything that precludes parking but may well have some vague wording that could be construed such as aprking for customers only and they then decide that stopping there after the shop is shut means that you are not a customer.

 

 

well, you could be looking through their window so not being able to buy something doesnt always mean you are not a customer.

 

 

Shops are all about inviting people to consider things and then offer to buy them.

the shop then considers your offer to pay for the goods and AGREES to let you have them for a price that you have bargained with them

(OK haggling in Lidl will get you nowhere but the principle exists).

 

 

PE cant interfere with this so they have no basis for claim.

[Alicat_69]

I have the reminder only so I don't know the exact wording on the original copy

(i'm waiting for this to be emailed to me)

but it says Parking Charge Notice Reminder.

 

 

I'm assuming this is different to Notice to Keeper.

I've answered the questions on the link you sent me anyway

but if I need to start another thread I can do that instead.

 

1 Date of the infringement 20/04/2017

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 05/05/2017

 

3 Date received 29/04/2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] post up you appeal] No

 

Have you had a response? [Y/N?] post it up N/A

 

7 Who is the parking company? Parking Eye

 

8. Where exactly [carpark name and town] The Range/Toppstiles/Jollyes, Bolton.

 

For either option, does it say which appeals body they operate under.

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

BPA

[Alicat_69]

This is a photo of one of the signs in the car park.

convert-jpg-to.pdf

[ericsbrother]

well,

no parking is a prohibition and that means not a contractual matter so nothig to do with PE, just the landowner.

 

The friend has 2 choices,

name the driver and make PE waste a bit more time but the driver will rely on the same response

 

second one

is respond as the keeper

(dont say who was driving or even insinuate who it is)

and say that as the signage prohibits parking at the time of the event

the keeper denies that a breach of contract occurred

and as this is now a matter of trespass

PE should cease any further attempts to extort money when it isnt due.

 

 

As the keeper isnt going to name the driver

the landowner will have to make their own enquiries as to who was the trespasser

as they have no cause for action against the keeper

 

PE may well not give up

but there again they have lost court cases on this and so have others.

 

 

It is rare for a parking co to claim any success when prohibitive signage is the issue..

[Alicat_69]

Thanks Ericsbrother.

 

 

I was going to pursue your second piece of advice

but unfortunately my friend has panicked and paid the fine.

 

 

It's a little annoying that Parking Eye have got away with it again but there's not much I can do other than keep all this info for future reference.

 

Thanks again.

[dx100uk]

its not a fine

and go do a chargeback

 

 

dx

[Alicat_69]

Ok... does this usually work? No harm in trying if there's a chance but no idea how to do this so any more tips will be very welcome. I'm finding lots of old info on claiming money back but nothing recent.

[dx100uk]

did she pay by a debit card over the phone to them?

 

 

dx

[ericsbrother]

nothing has changed.

Ok... does this usually work? No harm in trying if there's a chance but no idea how to do this so any more tips will be very welcome. I'm finding lots of old info on claiming money back but nothing recent.