Parking Eye... again!

[FightforyourRight]

Hi all,

I hope this post finds you well.

I need a little advice regarding our old ‘friend’ Parking Eye. In December last year, we spent 35 minutes parked at ‘their’ Ambleside car park and dually received a “Parking Notice” letter from them. We appealed this (well stated we were not paying would be a more accurate term) and were told our appeal had failed. Through their official email account, we stated we wanted proof that the signage was clear, proof that there actually was signage and also stated that we would pay them the equivalent of our ticket cost. The latter, we clearly stated, would have been as goodwill gesture only and not an admission of guilt. We however to date have received no such evidence or response to our goodwill gesture offer. Now however we have received a Claim Form from Northampton County Court signed by a Rachel Ledson stating that we owe £165.00 including £50.00 solicitors costs. I know somebody may have already asked for advice on this matter (although I could not locate it) but could somebody please advise what the next best step would be? Letters from PE are one thing but letters supposedly from a County Court are another.

Thank you all in advance and well done again on the great work you do

[mystery1]

Re: Parking Eye... again!

Did they not give you a popla code ?

What was the "offence" ?

What are the particulars of claim ? Perhaps upload a copy with your details and claim number obscured.

M1

[FightforyourRight]

Re: Parking Eye... again!

Did they not give you a popla code ?

What was the "offence" ?

What are the particulars of claim ? Perhaps upload a copy with your details and claim number obscured.

M1

Hi, thank you for replying.

They advised we could contact Popla but we had already sought advice from Citizen's Advice Bureau. The CAB had stated we did not need to appeal potentially as no charge could be reasonably made and we had already offered the cost of the 35 mins we had stayed.

The particulars where that we parked on their car park last December when I (the passenger) was taken ill. I'll upload the screenshot for the rest of the details as an attachment

Thank you again!

[labman]

Re: Parking Eye... again!

Your best bet is to sign up to this free site:

http://www.pepipoo.com/

Post your problem re the court claim in this section:

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

You can, of course, ask for help here as well, but they are specialists. You must make sure you defend any court action. Parking Eye only tend to win when cases go undefended and they get a default judgment.

[CleverClogs]

Re: Parking Eye... again!

Will the £50 claimed in solicitor's costs even pay their lawyer's petrol money?

[labman]

Re: Parking Eye... again!

It's hard to see the signs clearly around the car park on Google street view!

[FightforyourRight]

Re: Parking Eye... again!

Thank you for that

I have now signed up on there as advised.

We will almost certainly be defending the case... in fact certainly. It is just a little worrying though when credit ratings, etc get brought into the equation.

I wonder if you kind people could confirm my own belief that companies such as PE cannot just charge any amount they like. Surely they can only legally charge for the cost of the ticket?

[mystery1]

Re: Parking Eye... again!

The CAB were wrong. You should have appealed to popla as PE are issuing claim forms like confetti at present to people who ignore them as you will have seen on your visit to pepipoo.

However this does not mean you will lose in court.

You should file an intention to defend the claim.

Do they have any evidence of who the driver was ? (check the letters you wrote etc). It appears not as they are coming after the registered keeper.


In order to sue the registered keeper they have some hoops to jump through before they can.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted


Right to claim unpaid parking charges from keeper of vehicle

4

(1)

The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(2)

The right under this paragraph applies only if—

(a)

the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and

(b)

the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.

(3)

For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.

(4)

The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.

(5)

The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

(6)

Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery).

(7)

The right under this paragraph is subject to paragraph 13 (which provides for the right not to apply in certain circumstances in the case of a hire vehicle).





I'll let you read 5,6,11 &12 to decide if they have met these conditions.


This is easier than the penalty argument etc although i'd put all arguments in a defence but a bit at a time is best and it'll all come together.

M1

[FightforyourRight]

Re: Parking Eye... again!

I think the CAB advised this though because:

• I stated we did not see any signage at all. (As stated above, none clear on Streetview either).
• We parked and stayed right next to the entrance.
• We did not leave the car.
• We offered to pay for the cost of the ticket.
• We asked for proof of loss and received none.
• Asked for proof of signage and got none.
• Explained why we had to stop as my illness would have made it unsafe to continue as driver or passenger.

I don't mean to go on but I think we asked them for evidence on about 3 separate occasions and received generic letters back. I'm not quiet sure either how 35 mins in their car park equates to £100?!

Again, we really appreciate all your advice

[labman]

Re: Parking Eye... again!

They are not allowed to profit from you, so any fine must not be a penalty, but fair and equitable. (Don't ask for the law please as I can't remember where I saw it!)

[mystery1]

Re: Parking Eye... again!

It's about not paying them. It's not about morals. To win you need to use the law not what you think justifies cancelling the charge.

PPCs do not care about any of your points, they just want money.

Popla have to follow some rules. The CAB are correct in that some of these points help in court and others will too. Too late for popla now but that only means you have to win in court instead of having a "free" shot at popla.


So you need to check the notices they sent (or didn't send) you and how they compare to what they need to do. Non compliance means they are screwed as the claim currently stands.

M1

[FightforyourRight]

Re: Parking Eye... again!

I think from a legal perspective, they would have to provide evidence of signage when requested. After all, it is they who are trying to persuade me I am breaching their terms and conditions and as a result pay. Instead of doing this when requested, they simply said there are signs. I asked for what the wording of the signs is. Again, they refused to provide this. I also made a goodwill gesture of the ticket cost. This was simply ignored.

Even if PE sent all letters with the correct wording, they at no point provided the most important thing... evidence

Well that's my belief anyway but I'll have to do a little more digging. I also need to find the legislation or guidelines regarding excessive charges.

£65 for a 35 minutes stop... where we parked on gold laced tarmac? I'd expect a car wash and valet for that price

Thank you again to everyone for your advice and time. It genuinely is appreciated!

[mystery1]

Re: Parking Eye... again!

They have to be able to sue before you worry about contract law and penalty charges.

In order to sue the registered keeper they must comply with the legislation as quoted above. Have they done so ?

M1

[FightforyourRight]

Re: Parking Eye... again!

I must admit, I struggled a little with the terminology of the legislation.

PE informed the driver within 14 days of the event by letter but did not detail how the £100 (discounted to £60.00) was broken down. Nor did they provide the evidence requested or take into consideration we stopped because of illness. I understand that they (PE) do not care about the facts but I'm sure Police and road safety guidelines would state anyone who may cause danger to themselves or others in a vehicle should pull over as soon as safely possible. This we did

[FightforyourRight]

Re: Parking Eye... again!

I must admit, I struggled a little with the terminology of the legislation.

PE informed the driver within 14 days of the event by letter but did not detail how the £100 (discounted to £60.00) was broken down. Nor did they provide the evidence requested or take into consideration we stopped because of illness. I understand that they (PE) do not care about the facts but I'm sure Police and road safety guidelines would state anyone who may cause danger to themselves or others in a vehicle should pull over as soon as safely possible. This we did