Parking eye parking charge

[timps]

Ironically his site tells you not to ignore them if you look on the forum using the link I posted earlier, he's using old outdated advice and really should read his own forum.

 

ParkingEye versus Beavis ended the ignore advice.

 

Barry Beavis lost at the high court, then at the court of appeal and ultimately at the Supreme Court, so they can and do win in court. He lost 3 times and ultimately in the highest court in the land.

 

You can still win but if your case has all the similarities of Beavis you will lose, unless in Scotland where you can tell them to sod off you are not naming the driver and to do one.

 

The Scotts don't do POFA.

[HDAV]

.

 

The Scotts don't do POFA.

So one reason to have vehicle registered in Scotland (if you lease from a Scottish leasing co are you basically parking eye immune?)

[timps]

So one reason to have vehicle registered in Scotland (if you lease from a Scottish leasing co are you basically parking eye immune?)

As long as the leasing company plays ball and doesn't name you for an easy life even though they didn't have to.

 

The parking company claim would have to be pursued through the Scottish courts. Seeing as the scots courts do not recognise PoFA, then they cannot rely on it to claim keeper liability from the lease company.

 

However the lease company might not want to potentially end up in court or responding to papers for your transgressions even though they will get a default win and just pass your name on regardless.

[TIGHTCHOKE]

I received a Parking Eye Charge Notice today for an 18 minute indescretion. I arrived without sufficient change and went to the business I was visiting to change a £5 note.

 

I returned and bought a ticket 6 minutes after arriving and due to the Orthodontist being extremely busy was 12 minutes late in leaving.

 

All previous visits had been completed within 30 minutes, the amount of parking I paid for.

 

Following the advice in this thread and the links posted,I will be emailing Parking Eye to point out the unreasonable tone of their Charge Notice and requesting they reconsider.

 

I will not be identifying the driver.

 

I will be seeking to take the case to appeal with POPLA if they refuse to reconsider.

 

At 70p for 30 minutes, my 18 minute indescretion should equate to 40p.

Edited November 10, 2016 by TIGHTCHOKE

[ferguson_tom]

I kept getting letters after my wife over stayed in a free car park, we just ignored it as per the advice. This carried on for about 18 months with various letters from debt collectors etc which all look very official but amounted to nothing.

 

We have now sold the car and moved house so i cant see them pestering us any longer.

[krowe79]

Just a update I never responded to the fine ( invoice ) and have not had any response from the parasites as yet

[TIGHTCHOKE]

Well it is now the 25th of November and as yet I have had no reply from Parking Eye.

 

Hopefully that is the end of the matter.

[TIGHTCHOKE]

Now on the 30th of November, I have received the following Email from Parking Eye;

 

Thank you for your correspondence in relation to the Parking Charge incurred on 31

October 2016 at 14:50, at Park Road, Peterborough car park.

We are writing to advise you that your recent appeal has been referred for further

information.

You have stated that you were not the driver of the vehicle at the date and time of the

breach of the terms and conditions of the car park, but you have not indicated who was.

You have already been notified that under section 9(2)(b) of schedule 4 of the Protection

of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking

charge in full. As we do not know the driver’s name or current postal address, if you were not the driver at the time,

you should tell us the full name and the current postal address of the driver.

You are warned that if, after 29 days from the Date of Issue, the parking charge has not

been paid in full and we do not know both the name and current address of the driver, we

have the right to recover any unpaid part of the parking charge from you, the registered

keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the

Protection of Freedoms Act 2012 and is subject to our complying with the applicable

conditions under schedule 4 of that Act.

ParkingEye have placed this charge on hold for 28 days to enable you to provide the

evidence requested. If this information is not provided within 28 days, the appeal may well

be rejected and a POPLA code provided.

Alternatively, payment can be made by telephoning our offices on

0330 555 4444 or byvisiting www.parkingeye.co.ukor by posting a cheque or postal order to the address

detailed below. If this charge has been paid and you choose to provide further evidence relating to your

appeal, please forward this to us for consideration.

So then, any suggestions as to my next move, I will happily appeal with the POPLA system and am quite happy to wait for them to issue the code.

[timps]

Without seeing the exact wording of the invoice and knowing the car park it's difficult but one thing is for sure they cannot pursue keeper liability under POFA in the courts unless they have issued a POPLA code.

 

To rely on POFA they have to keep to ridged timescales and have statutory wording, even if they have done that it the depends on the car park. 18 minutes has been argued and won within the grace period of 11 to look read and accept the terms and conditions and an unspecified time limit to leave, anything above 20 becomes hard to win at court or popla but 20 and below has been won.

 

It's up to you how you proceed but I would join either

 

http://forums.pepipoo.com/index.php?s=d7729b79d965c19cc249acb50579dfb6&showforum=60

 

Or

 

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

 

If someone has successfully won on your particular car park then using their appeal modified to your circumstances will help. You can always pay later or go to mediation if court papers appear and most times it's only the reduced discounted amount they get.

 

The forums will help you more, but check your original invoice for any mention of POFA . They want you to pay so keep on offering you the chance to name the driver, you are under no obligation to do so.

 

At this moment in time if it was me i would just wait for the POPLA code and be working on my appeal. Whatever you do make sure your appeal is multiple points and don't name the driver.

[TIGHTCHOKE]

Thanks Timps, I am now awaiting the POPLA code and will not be disclosing the drivers details.

 

I will have a read through your links.

[krowe79]

I spoke to soon just looked at my post and a letter of parking eye now £100 still not paying 👍

 

Just a update I never responded to the fine ( invoice ) and have not had any response from the parasites as yet