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**CANCELLED** Parking Eye Charge Notice

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  • **CANCELLED** Parking Eye Charge Notice

    I have very recently received a parking notice from Parking Eye stating that on the 10th May, 2015, I was photographed at a local hospital in a drop off-blue badge parking area, arriving at 9:53:11pm & departing at 22:30:49pm, a period of 38 minutes. They intend to levy a fine of £40 or £70 if not paid within 28 days 13.6.15.
    What I would like to know is this; can Parking Eye levy such a fine, as, as far as I am aware, there are only two authorities that can levy a parking fine, one being the police & the other being the local council. Parking Eye have stated in their letter to myself that the land I was parking on was private land, & yet I was on hospital grounds. I also thought that there would be a reasonable amount of time given to anyone 'parked' in such an area.
    My reason for parking in this area in the first instance was due to my brother in law suddenly being taken to this hospital, by ambulance, & I had arrived there by pure chance before it. It was a panic situation & I had my wife, his sister, with myself in my car & she is partially disabled herself, though we do not have a blue badge. It was also dark at the time of my parking at the hospital, & I would also actually say that I was waiting for my wife to re appear from being inside the emergency department with news on her brother's condition & there were no other vehicles around at the time, too. They have stated in their letter that I had stayed longer than permitted to, in accordance with the terms & conditions set out in the signage & that signs are clearly displayed at the entrance to & throughout the car park, but I was nowhere near the actual hospital car parking area & did not read or have time to read any signs due to the situation at hand.
    I also did not have any money on myself to pay for parking within the designated area & this was also not uppermost on my mind at the time, though I do know that this is probably irrelevant. The photograph that they have provided myself with on their letter to myself is to say the least very unclear, though the number plate of my car is clearly visible.
    Parking Eye, in my opinion are trying to levy a punitive charge & have not stated or cannot state any genuine pre estimate of losses.
    What I would like to know is that:
    1) Should I ignore this Parking Eye notice, or
    2) Should I respond to Parking Eye stating the above or stating that I want to go directly to the appeals tribunal, POPLA, or
    3) Pay this fine.
    Any advice will be greatly appreciated as soon as possible as time is also a factor at present,

    Many Thanks in advance,

    Catarunkey
    Tags: None

  • #2
    Re: Parking Eye Charge Notice

    In theory you are correct regarding fines. Unfortunately the courts disagree at present. http://www.bailii.org/ew/cases/EWCA/Civ/2015/402.html

    As well as that there are aspects of the lower court decision which are taken by mnay judges as very persuasive as it was billed as a test case. http://nebula.wsimg.com/8bc2fd992ffc...&alloworigin=1

    There are some arguments that the circumstances dictate that some or all of these principles will not apply in your case.

    The court of appeal ruling is in itself being appealed to the supreme court.


    There are no popla decisions that allows us to know how popla will interpret things since the court of appeal ruling.


    Always complain to the hospital (shops etc in other cases). Never divulging the driver so keeper liabilty can be attacked. Parking eye notices to keepr are better than most other but i believe not strictly to the letter of the law. It remains to be seen how popla and/or courts will react to that argument.


    Your best attack is probably that, in the dark, the signs were not bound to be seen by the average man which would make the attempted contract non existent.


    I would, if it were me, appeal on the basis there was no contract and no keeper liability. It will require a popla appeal when the initial one is rejected and will mean the discounted payment offer is withdrawn. Obviously i'd contact the hospital too.


    Dear Sirs,

    I, as registered keeper, wish t invoke your appeals process. The driver did not see any signs as it was dark and they are not illuminated. The notice to keeper does not comply with PoFA 2012 schedule 4 para 9 and as such there is no keeper liability.

    I am under no statutory obligation to name the driver with whom, barring keeper liabilty, you should contact.

    If you reject my appeal please supply a popla code.

    Yours etc

    If you get a pola code come back for help.

    M1

    Comment


    • #3
      Re: Parking Eye Charge Notice

      Hi Mystery 1,
      Thank you for the advice, I will proceed along this line & will keep everyone posted as to the outcome!

      Many thanks in advance,

      Catarunkey

      Comment


      • #4
        Re: Parking Eye Charge Notice

        Hi to everyone in Legal Begal land! I meant to post a reply to my last thread concerning the parking notice I received from Parking Eye Ltd, after an e mail I sent & advice I received from mystery1.
        I am very happy to report that I do not have to pay this fine!
        Through Parking Eye's generosity (can you sense the sarcasm) they have decided to let me off & this is the reply they gave to me regarding the online letter I posted to them along with mystery1's advice:
        Dear Sir / Madam,
        We refer to the Parking Charge incurred on 10 May 2015 at 22:30:49, at North Tees Hospital - Drop Off & Blue Badge car park.
        On this occasion as a gesture of goodwill we will be cancelling this charge.
        However, if future visits to this car park are made please take note of the parking regulations on the signage throughout the car park and adhere to these, as it is applicable to all motorists using the car park.
        Kind Regards,
        ParkingEye Team.

        My advice to everyone is "Keep fighting" & don't let them win! And most of all, "Thank you mystery1"

        Comment


        • #5
          Re: **CANCELLED** Parking Eye Charge Notice

          Congratulations and well done to both you and [MENTION=5354]mystery1[/MENTION] xx
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

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          Comment

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