Jump to content
  • Sign Up
denbo

Parking Notice Charge From Parkingeye Private Car Park

Recommended Posts

Hi Everybody,
A friend of mine has a Parking Notice Charge from ParkingEye that just shows his car entering and leaving one of their car parks on a certain day, after a certain amount of time. No other evidence given / offered.
A fee was paid for up to 4 hours parking but only just over 1.5 hours used, as evidenced by the photograph.
Don't they have to show that either no fee was paid at all, or that insufficient payment was made for the time used on the car park?
This is quite URGENT so a speedy response would be very much appreciated.

Share this post


Link to post
Share on other sites

My ex had one of those for parking over 2 hours in a supermarket car park, as the car was in my name it came to me. I ignored it for over a year, despite some fairly heavy letters due to being told it was unenforcable. Thats a few years ago, letters stopped after a year and it never touched my credit rating which was I was most worried about due to my job.

 

Not quite the same scenario, but the key in my case I understood it was a private company, the parking company, with no legal enforcement attached to the arrangement.  

 

Google it and you will see lots of forums dedicated to it.

Share this post


Link to post
Share on other sites

denbo, on 09 Dec 2014 - 11:58 AM, said:

Hi Everybody,

A friend of mine has a Parking Notice Charge from ParkingEye that just shows his car entering and leaving one of their car parks on a certain day, after a certain amount of time. No other evidence given / offered.

A fee was paid for up to 4 hours parking but only just over 1.5 hours used, as evidenced by the photograph.

Don't they have to show that either no fee was paid at all, or that insufficient payment was made for the time used on the car park?

This is quite URGENT so a speedy response would be very much appreciated.

Here you go Den

 

http://www.moneysavingexpert.com/reclaim/private-parking-tickets

 

Peter

Share this post


Link to post
Share on other sites

My ex had one of those for parking over 2 hours in a supermarket car park, as the car was in my name it came to me. I ignored it for over a year, despite some fairly heavy letters due to being told it was unenforcable. Thats a few years ago, letters stopped after a year and it never touched my credit rating which was I was most worried about due to my job.

 

Not quite the same scenario, but the key in my case I understood it was a private company, the parking company, with no legal enforcement attached to the arrangement.  

 

Google it and you will see lots of forums dedicated to it.

Thanks Jocko. Everything you've written is about right BUT I think things have changed since 1st October this year and I don't want to risk using the old tried and tested method of just ignoring them. So, still looking for more up to date advice and help.

Share this post


Link to post
Share on other sites
denbo, on 09 Dec 2014 - 1:04 PM, said:

Thanks Peter, I'm already there. There's a lot of legwork involved via that site, was hoping for a quicker route to a solution. Or should I say a lazier route. :wink:

From what I've read over the years they are pretty unenforceable.

Share this post


Link to post
Share on other sites

Thanks Jocko. Everything you've written is about right BUT I think things have changed since 1st October this year and I don't want to risk using the old tried and tested method of just ignoring them. So, still looking for more up to date advice and help.

 

I didn't know that. There were loads of forums dedicated to this at the time, that I suspect would be up to date. One in particular had lots of solicitors commenting, I cannot remember the name.

 

It took me a lot of convincing to do it as was worried about being left with some sort of judgement, the other key difference being your mate paid for it, whereas most I remember were the free ones that had a 2 hour limit, maybe worth checking that doesn't make it different in eyes of law, e.g. he has actually bought a service,.

Share this post


Link to post
Share on other sites

I've had a couple. Don't reply, just ignore them. You will get all sorts of threatening letters, threats of court action etc. They all come on scary, official looking paper but just ignore them. After a year or so they will give up. It's not worth their while chasing the thing, never mind taking it to court, so they will pursue the other people who will pay. Only police or council can fine you and you don't want to ignore those tickets, but these shower of ***** have no legal right to fine you.

Share this post


Link to post
Share on other sites
jordirip, on 09 Dec 2014 - 1:52 PM, said:

I've had a couple. Don't reply, just ignore them. You will get all sorts of threatening letters, threats of court action etc. They all come on scary, official looking paper but just ignore them. After a year or so they will give up. It's not worth their while chasing the thing, never mind taking it to court, so they will pursue the other people who will pay. Only police or council can fine you and you don't want to ignore those tickets, but these shower of ***** have no legal right to fine you.

That's exactly my understanding Jordi.

 

Peter

 

:thumbsup:

Share this post


Link to post
Share on other sites

I've had a couple. Don't reply, just ignore them. You will get all sorts of threatening letters, threats of court action etc. They all come on scary, official looking paper but just ignore them. After a year or so they will give up. It's not worth their while chasing the thing, never mind taking it to court, so they will pursue the other people who will pay. Only police or council can fine you and you don't want to ignore those tickets, but these shower of ***** have no legal right to fine you.

You're right Jordirip, they can't fine people but they can send an invoice, which is effectively what this might be. Enforceable? I don't know for sure yet, let's see.

Plus, we need to consider the fact that my friend paid for a service that they now seem to think he either didn't, or he stayed longer than he paid for. This maybe seen in a different light in the eyes of the law?

Share this post


Link to post
Share on other sites

You're right Jordirip, they can't fine people but they can send an invoice, which is effectively what this might be. Enforceable? I don't know for sure yet, let's see.

Plus, we need to consider the fact that my friend paid for a service that they now seem to think he either didn't, or he stayed longer than he paid for. This maybe seen in a different light in the eyes of the law?

Don`t ignore it Denis!!.................the rules have changed but the outcome, although taking a little longer...is the same.

Write to them as the registered keeper and insist you owe them nothing and could they please forward you a POPLA appeal form which by law they have to send you. Appeal to POPLA citing that , "The parking charge demand is punitive and does not represent a genuine pre estimate of loss. It is therefore an unlawful penalty and legally unenforceable"

Edited by Steve Lane

Share this post


Link to post
Share on other sites

Or if you really want to confuse the shit out of them....this is something I used a while back and they never used to reply to it at all before the new rules came in although I haven`t had reason to try it since but I don`t see any reason they could contest it.

Your also asking for the same POPLA appeal form so in effect this is the same as the above but it will put the wind up them...... a lot!

 

Name

Address

Date

 

Without prejudice, except as to costs

Parking Charge Notice - Notice to Keeper [Give its ref number]

 

This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

 

On (date) I was the registered keeper of a (make and model of vehicle) registration number (reg number).

 

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

 

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim.

 

Please explain on which of the following grounds your claim is based:

 

(i)    Damages for trespass

(ii)   Damages for breach of contract

(iii)  A contractual sum

2. Your loss.

 

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.


3. Your status — the creditor.

 

Your Parking Charge Notice - Notice to Keeper simply mentions [Insert name of parking company if that is who is named on the PCN/NTK]. Please tell me who is the actual creditor making this £[insert amount] parking charge demand. I need to know exactly who is making the claim and in what capacity.

 

4. Ownership of premises.

 

Please advise me as to who owns the car park as I wish to send them a copy of this letter.

5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

 

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

 

6. Signage.

 

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract has been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.

7. Summary

I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice — Notice to Keeper.

If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA appeal form) so that I may immediately refer the matter for their decision.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

 

Yours

 

 

Send 1st class registered  so you have proof of receipt! 

 

Also........It is normally a condition of the planning permission that parking in retail parks must be free. As such the rateable value of the car park is set at a lower rate than that for a 'pay for' car park.  The local council may be interested in making sure that the correct rates are paid for for the car park as it is revenue generating (as opposed to free) you can check on the VOA website  www.voa.gov.uk

 

:thumbsup:

Edited by Steve Lane

Share this post


Link to post
Share on other sites

If it gets to legal mate give me a bell...used to be in the game

ROB

I`m not legally trained in any way Rob, just self educated at the uni of life.....but I would appreciate your taking a look at the above for your thoughts.

:thumbsup:

Edited by Steve Lane

Share this post


Link to post
Share on other sites

Don`t ignore it Denis!!.................the rules have changed but the outcome, although taking a little longer...is the same.

Write to them as the registered keeper and insist you owe them nothing and could they please forward you a POPLA appeal form which by law they have to send you. Appeal to POPLA citing that , "The parking charge demand is punitive and does not represent a genuine pre estimate of loss. It is therefore an unlawful penalty and legally unenforceable"

But should I also point out first that they need to show me evidence that the car was parked without sufficient payment for the time lapsed. Because all's they've sent me is a Parking Charge Notice complete with a picture of the car arriving and leaving the car park, nothing else. No proof to show that the car was parked without any form of payment at all or parked for longer than any payment made allowed for.

Share this post


Link to post
Share on other sites

But should I also point out first that they need to show me evidence that the car was parked without sufficient payment for the time lapsed. Because all's they've sent me is a Parking Charge Notice complete with a picture of the car arriving and leaving the car park, nothing else. No proof to show that the car was parked without any form of payment at all or parked for longer than any payment made allowed for.

And they won`t be able to do so!..............you can add that you payed the fee (although I would never do so, it`s completely unenforceable once you know the law) and if you have the ticket send them a photo copy with the letter above and I will bet you £50 towards Peter99s charity they either don`t reply or they just send you notice of cancellation.

Share this post


Link to post
Share on other sites

I love getting these letters, I purposely try to collect them if I can. Not been doing to well lately as it`s been a year or so since I "acquired" one. There`s a church car park near where my mum lives and it`s been free for ever until some scummy private company set up shop there a few months ago. It`s only a matter of time before I get ticketed, they can`t dodge me forever!  :D

Share this post


Link to post
Share on other sites

And they won`t be able to do so!..............you can add that you payed the fee (although I would never do so, it`s completely unenforceable once you know the law) and if you have the ticket send them a photo copy with the letter above and I will bet you £50 towards Peter99s charity they either don`t reply or they just send you notice of cancellation.

Unfortunately, the ticket has been mislaid, otherwise I'd be all over them like a rash. So, this is my first plan of attack, to get them to, if they can, which as you say they probably won't, provide me with proof that shows the car was parked without any form of payment at all or parked for longer than any payment made allowed for. What do you reckon? Worth a go first? At least this shows I'm not ignoring them.

Share this post


Link to post
Share on other sites

  Sign up/in to remove

Parking eye seem to work off the full reg being put into the machine when paying

heres the link to make a appeal,scan the ticket or any other info and attach to the form

 

https://www.parkingeye.co.uk/contact-us/make-an-appeal/

What does that mean Johnny? Full Reg being put into the machine when paying? After you've done so, does it issue you with a ticket to be clearly displayed in your vehicle?

If so, shouldn't they take a photo of that ticket to back up their claim that a penalty is due. How can photographs of your car arriving and leaving prove anything unless it's one of those where you are allowed an hour or sometimes two, where said photographs show the times of arrival and departure?

Share this post


Link to post
Share on other sites

Why a PM?...................if it`s posted on an open forum we can all learn something.

You're okay Steve, very little was written and nothing to be learned more than what Johnny has now written above.

Share this post


Link to post
Share on other sites

yes full reg which is printed on the ticket to display

So, shouldn't they take a photo of that ticket to back up their claim that a penalty is due. How can photographs of your car arriving and leaving prove anything unless it's one of those where you are allowed an hour or sometimes two, where said photographs show the times of arrival and departure?

Share this post


Link to post
Share on other sites

the reg that put in at the time of getting to ticket must show up  some how on the camera , which is how parking eye work rather than wardens so for example what happened to me was i didnt put the full reg in only the first 2 letters so i got a fine,kept the ticket scan on the form and was let from the fine as i had proof of payment

Share this post


Link to post
Share on other sites

the reg that put in at the time of getting to ticket must show up  some how on the camera , which is how parking eye work rather than wardens so for example what happened to me was i didnt put the full reg in only the first 2 letters so i got a fine,kept the ticket scan on the form and was let from the fine as i had proof of payment

The car registration can be seen in the photo on the car as it arrives and leaves the car park, so too does the time and duration of stay on the car park appear on the Penalty Charge Notice. But how does that relate to the amount of time paid for? If they were able to show that a person only paid for one hour but the photo shows a stay of 1.5 hours, then there couldn't be any argument. But to just show the car arriving and leaving without that info showing how much time was paid for, then how can they hope to prove their case?

Share this post


Link to post
Share on other sites

The car registration can be seen in the photo on the car as it arrives and leaves the car park, so too does the time and duration of stay on the car park appear on the Penalty Charge Notice. But how does that relate to the amount of time paid for? If they were able to show that a person only paid for one hour but the photo shows a stay of 1.5 hours, then there couldn't be any argument. But to just show the car arriving and leaving without that info showing how much time was paid for, then how can they hope to prove their case?

They`re not bothered about a little thing like proof getting in the way of their scam....................they know 95% of people won`t do anything except pay up!

This is nothing but a scam that  the government turns a blind eye to because they make £2.50 from every registration request they get, and that adds up to a few million quid.

 

Send the letter Denis!  :yes:

Share this post


Link to post
Share on other sites

There's a difference if it was a council car park or private car park ie supermarket etc

 

Another site worth a look around is Pepipoo

 

This is the Parking Ticket section

 

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

 

A bit of general info here

 

http://forums.pepipoo.com/index.php?showtopic=46975

This is a private parking company Dave! ....i`m also a member on Pepipoo (sgl)  :thumbsup:

Edited by Steve Lane

Share this post


Link to post
Share on other sites

 

They`re not bothered about a little thing like proof getting in the way of their scam....................they know 95% of people won`t do anything except pay up!

This is nothing but a scam that  the government turns a blind eye to because they make £2.50 from every registration request they get, and that adds up to a few million quid.

 

Send the letter Denis!  :yes:

Will do Steve, just dotting i's and crossing t's before I do. :thumbsup:

Edited by denbo

Share this post


Link to post
Share on other sites

As stated above, go to

 

http://forums.pepipoo.com/

 

post details of the ticket in the relevant forum and follow the guidance of the experts,

 

If you go through the soft appeal, (will get rejected) hard appeal, (will get rejected) request a POPLA code (will cost Parkingeye £27 to give you the code but they have to if you request one) then go to the adjudicator with a correctly written appeal, GPEOL (Genuine Pre Estimate Of Loss) is usually a guaranteed winner. You will win.

Share this post


Link to post
Share on other sites

Just hearing on the radio about some divvie who's been sat in his car, which is on the back of a tow truck, to prevent it been taken away.  He was parked in a disabled space without a blue badge, but can't afford the release fee should his car be impounded.  He's been sat there for five hours, and the tow truck can't move while he's in the car.  The police are apparently there to ensure that there is no breach of the peace.  Wonder who'll blink first?

 

http://www.bbc.co.uk/news/uk-england-30591166

Edited by Steve S 60

Share this post


Link to post
Share on other sites

Good news everybody. ParkingEye have cancelled the Parking Notice Charge they slapped on me a couple of months ago. 

Steve Lane's letter did the trick immediately. 

He's the Man!!! Thanks Steve.

Share this post


Link to post
Share on other sites

Comment now!

Comments are members only

Sign Up

Join Soul Source - Free & easy!

Sign up now!

Sign in

Sign in here.

Sign in now!

Adverts



×

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.