krowe79 Posted October 30, 2016 Report Share Posted October 30, 2016 Just had a parking charge in the post (not a fine ) do I pay or is it not legal charge hear off a lot off people not paying what would you do the charge has a picture off the van it was parked there but not to happy to pay this type off organising I was not the driver it's was a carer who looks after me disabled son and I don't won't to bill the girl as there not payed much by the agency and do a good job looking after my son Quote Link to comment Share on other sites More sharing options...
martindd Posted October 30, 2016 Report Share Posted October 30, 2016 (edited) If you've got a disabled badge you can appeal(photo-copy) and it will be quashed. That's if you were parked not in a correct bay Edited October 30, 2016 by martindd Quote Link to comment Share on other sites More sharing options...
rbrowning2 Posted October 30, 2016 Report Share Posted October 30, 2016 As I understand it unless it is a parking fine/notice issued by a council it is only a request to pay and not legally binding. But I am sure someone else will be along who knows more than I. Quote Link to comment Share on other sites More sharing options...
Glenlivet Posted October 30, 2016 Report Share Posted October 30, 2016 I had to pay one of these for parking in the wrong place (with a valid ticket) at the local hospital when my father was ill. I have a feeling that the act of parking enters you into a contract, if you don't pay the (increasing!) amount goes to debt collectors and possibly through the county court. For me it wasn't worth potentially knackering my credit rating for £40. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted October 30, 2016 Report Share Posted October 30, 2016 Write to the company, and tell them that your disabled son was being assisted by a carer. I don't think they would want any publicity if they tried to enforce the parking charge. At least, the company that my wife (also a carer at the time) had a charge from didn't, and cancelled it. Quote Link to comment Share on other sites More sharing options...
HDAV Posted October 30, 2016 Report Share Posted October 30, 2016 Google parking eye lots of people have won cases, was vehicle correctly parked? Or not? Quote Link to comment Share on other sites More sharing options...
krowe79 Posted October 30, 2016 Author Report Share Posted October 30, 2016 It was parked correctly but permit holders the car park was not full I read up on parking eye they seem like cowboys but we have no luck with things like this so not sure what to do Quote Link to comment Share on other sites More sharing options...
HDAV Posted October 30, 2016 Report Share Posted October 30, 2016 It was parked correctly but permit holders the car park was not full I read up on parking eye they seem like cowboys but we have no luck with things like this so not sure what to do They are total barstweards we get them at work when working on retail parks and mostly get them overturned as we are working in stores and often exceed the 2/4 hour max they just scan he ref on way in and send the letter regardless of the store informing them about he visit most of the time. Quote Link to comment Share on other sites More sharing options...
Chris Bb Posted October 30, 2016 Report Share Posted October 30, 2016 As I understand it unless it is a parking fine/notice issued by a council it is only a request to pay and not legally binding. But I am sure someone else will be along who knows more than I. As he says but be aware that they will threaten you and can afford more legal costs than you can. There again, they may not want to go to court. Other advice regarding bad publicity may well help your cause. But, I AM NOT A LAWYER! Good luck to you however you choose to play this one; I detest parking fees and threats, if they can't employ someone to collect money or inform you of restrictions then, in my mind, they don't deserve a penny. Quote Link to comment Share on other sites More sharing options...
Thelongwayup Posted October 31, 2016 Report Share Posted October 31, 2016 In our local paper today. http://www.examiner.co.uk/news/west-yorkshire-news/liz-taylors-parking-nightmare-ends-12099661 Quote Link to comment Share on other sites More sharing options...
timps Posted October 31, 2016 Report Share Posted October 31, 2016 (edited) Whatever you do don’t ignore it. Parking eye take up to 1,000 people to court per week on economics of scale. Out of that 1000 many faced with the actual threat of court pay up, a large number ignore the court papers and parking eye win a default judgment against them, the ones who fight have mixed success depending on how well they defended their case. But parking eye are one of the few that follow through with actual court cases. Simply put you appeal to parking eye with a soft appeal not mentioning who the driver is, this will be turned down and you will get a POPLA code to appeal to the independent assessor with a strong appeal. If that gets rejected, you will probably have to defend at court but you can offer to pay the fine at any time before the court papers appear or just make them an offer. I have successfully defended about 8 of these for family members however the last one with parking eye was not going to be easy as it had to many similarities to beavis v parkingeye and they had closed the loophole of planning consent on that particular car park. Get yourself on to http://forums.moneysavingexpert.com/showthread.php?t=4816822 to help you decided what action to take. Edited October 31, 2016 by timps Quote Link to comment Share on other sites More sharing options...
Newbie to this Posted October 31, 2016 Report Share Posted October 31, 2016 You could ask to see a copy of their CCTV operators licence. Also ask for a copy of the original recording, if you can't read the number plate without zooming in then it can't be used as evidence only the original is admissible (or so I believe) they may ask for a admin fee, but you are entitled to a copy of all evidence to build a case, so refuse to pay the admin fee. As someone else mentioned planning permission for the scheme is another root you could go. Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted November 1, 2016 Report Share Posted November 1, 2016 Whatever you do don’t ignore it. Parking eye take up to 1,000 people to court per week on economics of scale. Out of that 1000 many faced with the actual threat of court pay up, a large number ignore the court papers and parking eye win a default judgment against them, the ones who fight have mixed success depending on how well they defended their case. But parking eye are one of the few that follow through with actual court cases. Simply put you appeal to parking eye with a soft appeal not mentioning who the driver is, this will be turned down and you will get a POPLA code to appeal to the independent assessor with a strong appeal. If that gets rejected, you will probably have to defend at court but you can offer to pay the fine at any time before the court papers appear or just make them an offer. I have successfully defended about 8 of these for family members however the last one with parking eye was not going to be easy as it had to many similarities to beavis v parkingeye and they had closed the loophole of planning consent on that particular car park. Get yourself on to http://forums.moneysavingexpert.com/showthread.php?t=4816822 to help you decided what action to take. thats what i have done many times.... standard letter to them, and they cancel it or dont hear anything since.... IMV I can see the good and bad for them...but overall I dont agree with it as its amount to legal robbery Quote Link to comment Share on other sites More sharing options...
Tedly47 Posted November 2, 2016 Report Share Posted November 2, 2016 I had one of these for exceeding the maximum staying time at a retail park, the worst thing was we were buying a child seat from mothercare and they were In and out of the shop trying different seats, I was pulling my hair out!!!! Anyway car was registered to my good lady but I was driving.... I asked for a picture and as it showed a bloke (me) driving. he letter was to the registered keeper (my good lady) due to it not being criminal the keeper of the vehicle is under no obligation to tell them who the driver is, I sent them a letter saying it was clearly not the keeper driving the car and I am under on obligation to tell you who was.... Had one threatening letter and then nothing, this was six years ago!!! They are cowboys and there's lots of info on the web on how to get out of it... Good luck Tedly Quote Link to comment Share on other sites More sharing options...
Curly87 Posted November 2, 2016 Report Share Posted November 2, 2016 Game of chance really. Also had one off parking eye, followed all the advice from forums, submitted a defence, got taken to court, ended up it being settled via mediation and had to pay the original fine... Quote Link to comment Share on other sites More sharing options...
timps Posted November 2, 2016 Report Share Posted November 2, 2016 I agree that it is a game of chance but unfortunately mediation never really works for parking as the mediator just tries to find common ground and appease both parties in some way. Ultimately that is usually the original discounted fine so the parking company loses its inflated added costs and you lose the original fine. You should always decline mediation for parking and go for broke in court. The judge will decide one way or the other so it's all or nothing, if you win you pay nothing and if he/she feels they acted unreasonable you get some costs. If you lose you get stung for about £200 ish which is the fine plus some costs they have incurred. With court you stand a chance of winning, with mediation they will always give both sides something. As always with court you need an actual case based on the law not just turn up and hope the judge feels sorry for you. With parking the big winner is POFA compliance, if they don't follow the statutory wording and timescales to the letter they cannot hold the registered keeper liable. Parking Eye mostly do follow it however some invoices they send out don't so definitely worth checking. Quote Link to comment Share on other sites More sharing options...
Curly87 Posted November 3, 2016 Report Share Posted November 3, 2016 I agree that it is a game of chance but unfortunately mediation never really works for parking as the mediator just tries to find common ground and appease both parties in some way. Ultimately that is usually the original discounted fine so the parking company loses its inflated added costs and you lose the original fine. You should always decline mediation for parking and go for broke in court. The judge will decide one way or the other so it's all or nothing, if you win you pay nothing and if he/she feels they acted unreasonable you get some costs. If you lose you get stung for about £200 ish which is the fine plus some costs they have incurred. With court you stand a chance of winning, with mediation they will always give both sides something. As always with court you need an actual case based on the law not just turn up and hope the judge feels sorry for you. With parking the big winner is POFA compliance, if they don't follow the statutory wording and timescales to the letter they cannot hold the registered keeper liable. Parking Eye mostly do follow it however some invoices they send out don't so definitely worth checking. Thought about going all the way but frankly I had wasted enough time and engery with it and would have cost me more to take time from work. I know that's what they wanted but my wife delt with the mediation as it was in her name. Poor old mediation lady didn't stand a chance, we only paid the £60 which was the original reduced fee. Quote Link to comment Share on other sites More sharing options...
timps Posted November 3, 2016 Report Share Posted November 3, 2016 Totally understand your reasoning, at least you will have cost them more in costs than they got back from you in the reduced charge, so in that sense you win a small victory. If everyone did as you did they would be out of business. Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted November 3, 2016 Report Share Posted November 3, 2016 I think you have to appeal.....to your Moral compass... If you broke the law and know it...irrespective of the circumstances and who served the charge, ( as long as it followed statutory procedures) then you should cough up. If it did go to court unless you have a very strong case the man in the wig is going to crucify you. He/She wont care if you had a one legged, blind granny with you or if Michael Schumacher was driving. Too many people ( I am not saying you are one) choose to deliberately disregard parking signs and are prepared to take on the Law... the majority of them end up paying much more than just the charge. You have done the right thing. Quote Link to comment Share on other sites More sharing options...
timps Posted November 3, 2016 Report Share Posted November 3, 2016 (edited) If we appealed to our moral compass then I doubt very many would pay a private parking charge at all. Remember it's not a fine, you haven’t broken the law, it’s only an invoice based on a contract and invoices are disputed every day in court. The most you can be forced to pay is the original invoice amount and nominal court fees as long as you have acted reasonable hence the need to respond and not ignore. They only make money by your transgression of the contract written on the sign and the fact you have read it, their whole business plan is hoping you breach the contract so they do not play fair at all. The parking could easily be managed better but then no transgressions so no money. Any company that behaves like parking eye and my moral compass is out the window. Quite simply they put unfair terms and conditions, don't follow statute law, misleading or incorrect signage, fail to follow the guidelines set out in their own governing bodies C of P, the technology used is flawed, no locus standi and they have been caught falsifying evidence and refusing to follow court procedure on more than one occasion and costs awarded against them many times. If they refuse to play by the rules, why should we pay the charge for breaking their rules? My mum got a £100 charge for a 2 minute overstay, I appealed and the appeal was refused as she broke their contract of 2 hours no matter by how long. They are well aware of the C of P they signed up to get my mums details from the DVLA about grace periods which must be of at least 11 minutes. I complained to the governing body who said it was an administrative error and they told them to drop the charge but no sanctions. However, they are still issuing charges for less than 11 minutes despite many many complaints and refusing peoples appeal unless you actually quote the clause so they then know you understand the code. I so wish they had gone to court then at least I would have got costs awarded. Do your homework on the actual car park in question and more often than not you find the contract they try to enforce isn’t worth the sign it's written on regardless of whether you breached the rules written on it or not and you should always do this before deciding on court. It is so simple for the parking companies to get it right and win every time the fact they don't shows you the game they are playing. Edited November 3, 2016 by timps Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted November 3, 2016 Report Share Posted November 3, 2016 In 2014 I had a client meeting at a motorway services with (unbeknown to me at the time) a Parking Eye car park and I overstayed for about 20 minutes, this was after spending quite a lot on refreshments for the meeting etc. Perhaps it was naive but it never occurred to me that this sort of thing would happen. After receiving the obligatory £60 'invoice' and the dire threats of debt collectors contained therein I ended up sending them a cheque for the amount that I would have paid (a tenner as I recall) had I seen their signage, which I genuinely did not and in my opinion therefore I didn't knowingly enter into any contract. They sent me the un-cashed cheque back with a letter telling me I was a naughty boy to even consider that approach, so I wrote back to them citing a few courts cases (at the time it was Beavis) and that was the last I ever heard of it. As far as I know Beavis lost on appeal but Parking Eye gave up on me for whatever reason. Quote Link to comment Share on other sites More sharing options...
timps Posted November 3, 2016 Report Share Posted November 3, 2016 Beavis only helps them if it is a free car park with a set time limit and a £60 deterrent is needed to keep turnover of spaces free as well as certain contractual obligations to the landowner to do this. If the car park you stayed at allows you to pay for extra time, then all they can claim is the amount you owe for the extra time used and incidental costs perusing you for this which on recollection is about £7 using parking eyes own figures. The fact you made them an offer for the extra time and they refused means they don’t stand much of a chance of winning in court for the £60 + costs. Also if the signage was inadequate or on the balance of probabilities not seen by the driver then no contract was entered into and they lose regardless of Beavis even on a free car park. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted November 3, 2016 Report Share Posted November 3, 2016 Thanks for that timps, interesting stuff, it's now over two years and counting, so I guess this will stay dead. Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted November 3, 2016 Report Share Posted November 3, 2016 In 2014 I had a client meeting at a motorway services with (unbeknown to me at the time) a Parking Eye car park and I overstayed for about 20 minutes, this was after spending quite a lot on refreshments for the meeting etc. Perhaps it was naive but it never occurred to me that this sort of thing would happen. After receiving the obligatory £60 'invoice' and the dire threats of debt collectors contained therein I ended up sending them a cheque for the amount that I would have paid (a tenner as I recall) had I seen their signage, which I genuinely did not and in my opinion therefore I didn't knowingly enter into any contract. They sent me the un-cashed cheque back with a letter telling me I was a naughty boy to even consider that approach, so I wrote back to them citing a few courts cases (at the time it was Beavis) and that was the last I ever heard of it. As far as I know Beavis lost on appeal but Parking Eye gave up on me for whatever reason. Your a very naughty boy !! Quote Link to comment Share on other sites More sharing options...
remmy1100 Posted November 3, 2016 Report Share Posted November 3, 2016 according to that money expert on telly on this morning he reckons to ignore them only police and council ones are ones to pay loads of info on his site Quote Link to comment Share on other sites More sharing options...
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