• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Parking eye have done it again! Help!

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Parking eye have done it again! Help!

    This was my appeal that I have sent to POPLA, I really need to know I suppose whether to waste my time fighting or just ignore like some of the advice people have given? This is what has happened though, thank you to anyone that can help!


    On 11th July I entered Tower road Newquay car park (PARKING EYE) at 14:29:29, I got out of my car (1minute max) checked the price, didn't have sufficient change so proceeded to the snack hut on the car park to get change literally took me and my boyfriend 2 minutes, I walked to the closest machine and blindly started typing in my car reg then went to put money in, the machine wouldn't accept my money, the screen had only the date and time and appeared to be frozen, wasted 2 more minutes, I walked across the car park to the other machine and this was doing the same thing, wasted another 2 minutes trying it, neither machine would accept my money. I tried repeatedly and got my boyfriend to look just in case it was me.


    Myself and my boyfriend saw and spoke to another confused man on the car park who also was unable to pay and we noticed that there were other cars parked without tickets in their windows. Wasted 3 more minutes puzzled.


    We decided to leave the car park. As a consumer it is my right to choose how I pay.if I am offered and then said service is out of order should I be penalised?


    The car park does have a pay by phone service but I flat right refuse always have always will to sit on a car park typing in my card details to pay by phone, it's time wasting and I don't trust it all. Especially not when I now have change in my hand.


    At 14:43:16 I departed the car park and went to the one next door where I paid for my ticket at the machine and enjoyed the rest of my day.


    I spent 13 minutes on the car park! That's not enough time to get my nan out of the car if she had been with us!


    On the 29th of August I received a letter dated 26th August telling me that I had a REMINDER to pay my fine dated 11th July. I hadn't received an initial letter let alone a reminder! To make matters worse I had until 31st August to pay the £60 fine. Otherwise it would become £100. 3days to respond to reminder when I haven't received a first letter? I understand the ticket must be issued 28days after the initial parking charge incident other wise it's a breach of the data protection act, but I wasn't contacted and had no correspondence from the 8th August at all until a reminder on the 26th?


    I immediately responded to this by trying to call the company. Conveniently it is an automated service where I can speak to no one.


    I then responded with an appeal, I included all the information you see above as well as reminding them that all of my actions above can be seen on CCTV. I asked that I be given a route to complain as customer service is zero and the fact they are trying to charge me to walk around a car park with faulty machines FOR 13 MINUTES is ridiculous.


    They declined my appeal, they replied with a bog standard reply dated 6th August, "your recent appeal has been unsuccessful due to the fact the car park is a 'pay&display/paid parking' only. Our records show you did not purchase a valid parking ticket or the appropriate parking time on the date of the parking event. However, as a gesture of goodwill, we have extended the discount period for a further 14days from the date of this correspondence"


    So they didn't read a word I said in my appeal? They mention nothing about the fact that their pay and display service was not in working order and the fact they should be apologising for MY inconvenience on the day, they mention nothing about complaints to their own customer service department (as i believe there is none) It seems to me they only care about the money not the actual circumstances. I am not very happy that they can get away with this, how many other people that day drove away not being able to pay with their change, didn't have a phone, had no battery on their phone to pay had no signal, was 82years old and didn't even own a phone and have also been charged for their 10 minute stay?
    I'm not making excuses for this I just know I have a right to choose not to pay by phone and leave the car park if the only other suggested method of payment is out of order.
    Especially when I was standing there as a paying customer in the first place.


    I hope you can help me on this matter
    Tags: None

  • #2
    Re: Parking eye have done it again! Help!

    Hi and to LB...someone will pop by and help you soon

    Comment


    • #3
      Re: Parking eye have done it again! Help!

      Originally posted by HeatherC View Post
      Hey evryone, im posting on your thread as my fine is quite similar...I know this is long but this is my full appeal that was sent to parking eye and POPLA,
      please someone tell me if I should just ignore them like advice given above or keep fighting and wasting time and stress energy?


      On 11th July I entered Tower road Newquay car park (PARKING EYE) at 14:29:29, I got out of my car (1minute max) checked the price, didn't have sufficient change so proceeded to the snack hut on the car park to get change literally took me and my boyfriend 2 minutes, I walked to the closest machine and blindly started typing in my car reg then went to put money in, the machine wouldn't accept my money, the screen had only the date and time and appeared to be frozen, wasted 2 more minutes, I walked across the car park to the other machine and this was doing the same thing, wasted another 2 minutes trying it, neither machine would accept my money. I tried repeatedly and got my boyfriend to look just in case it was me.


      Myself and my boyfriend saw and spoke to another confused man on the car park who also was unable to pay and we noticed that there were other cars parked without tickets in their windows. Wasted 3 more minutes puzzled.


      We decided to leave the car park. As a consumer it is my right to choose how I pay.if I am offered and then said service is out of order should I be penalised?


      The car park does have a pay by phone service but I flat right refuse always have always will to sit on a car park typing in my card details to pay by phone, it's time wasting and I don't trust it all. Especially not when I now have change in my hand.


      At 14:43:16 I departed the car park and went to the one next door where I paid for my ticket at the machine and enjoyed the rest of my day.


      I spent 13 minutes on the car park! That's not enough time to get my nan out of the car if she had been with us!


      On the 29th of August I received a letter dated 26th August telling me that I had a REMINDER to pay my fine dated 11th July. I hadn't received an initial letter let alone a reminder! To make matters worse I had until 31st August to pay the £60 fine. Otherwise it would become £100. 3days to respond to reminder when I haven't received a first letter? I understand the ticket must be issued 28days after the initial parking charge incident other wise it's a breach of the data protection act, but I wasn't contacted and had no correspondence from the 8th August at all until a reminder on the 26th?


      I immediately responded to this by trying to call the company. Conveniently it is an automated service where I can speak to no one.


      I then responded with an appeal, I included all the information you see above as well as reminding them that all of my actions above can be seen on CCTV. I asked that I be given a route to complain as customer service is zero and the fact they are trying to charge me to walk around a car park with faulty machines FOR 13 MINUTES is ridiculous.


      They declined my appeal, they replied with a bog standard reply dated 6th August, "your recent appeal has been unsuccessful due to the fact the car park is a 'pay&display/paid parking' only. Our records show you did not purchase a valid parking ticket or the appropriate parking time on the date of the parking event. However, as a gesture of goodwill, we have extended the discount period for a further 14days from the date of this correspondence"


      So they didn't read a word I said in my appeal? They mention nothing about the fact that their pay and display service was not in working order and the fact they should be apologising for MY inconvenience on the day, they mention nothing about complaints to their own customer service department (as i believe there is none) It seems to me they only care about the money not the actual circumstances. I am not very happy that they can get away with this, how many other people that day drove away not being able to pay with their change, didn't have a phone, had no battery on their phone to pay had no signal, was 82years old and didn't even own a phone and have also been charged for their 10 minute stay?
      I'm not making excuses for this I just know I have a right to choose not to pay by phone and leave the car park if the only other suggested method of payment is out of order.
      Especially when I was standing there as a paying customer in the first place.


      I hope you can help me on this matter,


      Heather Corbett

      The reason that popla appeal successes are not a lot higher is because people think it's a fair system and genuine issues like yours will be treated fairly so they do not feel the need, or know, to prepare an appeal which is normally a winning hand because they focus on the injustice.

      That is not to say your issue shouldn't appear in an appeal to popla but it's unlikely to win you much.

      What you need to do is get a popla code then formulate a great popla appeal.

      I suspect they now know who the driver was which is a pity as that rules out PoFA 2012 failures but a lack of contract between the landowners and parking eye as well as not explaining the pre estimate of loss is currently the key to popla. You also need to look out for breaches of the BPA code of practice which again helps greatly so if you get pics of signage etc it'll help.

      M1

      Comment


      • #4
        Re: Parking eye have done it again! Help!

        Can someone please, help I am unsue what to do now!! I received a letter from parking eye to fine me for entering a car park so that my daughter could use a toilet and change my other daughters nappy, I was on the car park for 25 minutes max. They tried to charge me £60 for the priviledge, I appealled against the charge and they were quick to respond with a rejection letter, I chose to ignore this letter and didn't reply or appeal to POPLA. I have now received another letter a few weeks on telling me that I have 14 days to pay £100 or they will proceed with court action. I was happy to continue to ignore these letters but having read a few posts I am now getting concerned that the charges will get more and more or could result in a CCJ against my name. I am not sure what to do!!!!!!!!!!!!

        Some advise would be welcome?

        Thanks
        bonz1000

        Comment


        • #5
          Re: Parking eye have done it again! Help!

          Originally posted by bonz1000 View Post
          Can someone please, help I am unsue what to do now!! I received a letter from parking eye to fine me for entering a car park so that my daughter could use a toilet and change my other daughters nappy, I was on the car park for 25 minutes max. They tried to charge me £60 for the priviledge, I appealled against the charge and they were quick to respond with a rejection letter, I chose to ignore this letter and didn't reply or appeal to POPLA. I have now received another letter a few weeks on telling me that I have 14 days to pay £100 or they will proceed with court action. I was happy to continue to ignore these letters but having read a few posts I am now getting concerned that the charges will get more and more or could result in a CCJ against my name. I am not sure what to do!!!!!!!!!!!!

          Some advise would be welcome?

          Thanks
          bonz1000
          http://forums.moneysavingexpert.com/....php?t=4705657


          A ccj being registered requires the court to rule against you AND not paying within 28 days of the court decision.

          It really is a pity you wasted the popla code but all is not lost.

          M1

          Comment


          • #6
            Re: Parking eye have done it again! Help!

            As harsh as this may seem I have got to say to everyone its time to read the signs everywhere on private land and on the highway doing this will save grief. these companies are now going after everyone and until the law is fully clarified they will win and it will cost some people dearly

            Comment


            • #7
              Re: Parking eye have done it again! Help!

              Originally posted by wales01man View Post
              As harsh as this may seem I have got to say to everyone its time to read the signs everywhere on private land and on the highway doing this will save grief. these companies are now going after everyone and until the law is fully clarified they will win and it will cost some people dearly

              Actually it's really only parking eye going to court as CEL are wimping out.

              The law is fairly clear but there are judges who don't care so much about the law and hate litigants in person so there is a chance you lose but you should understand that and be prepared to appeal like Colin Thurlow. http://forums.pepipoo.com/index.php?...ded&pid=564302

              For those who do lose then Kevin Shalley paid £200 in total. He was shafted by a judge who didn't even care that the landowner - parking eye management contract started after the parking event !

              M1

              Comment


              • #8
                Re: Parking eye have done it again! Help!

                Originally posted by mystery1 View Post

                A ccj being registered requires the court to rule against you AND not paying within 28 days of the court decision.
                Please note a CCJ is registered against you from when the Court awards it, if paid within 1 month then it will be removed - this is not an automatic process and you may have to inform the Court yourself, if paid after 1 month then it can be marked as "satisfied" but still stays on your file.

                Comment


                • #9
                  Re: Parking eye have done it again! Help!

                  Unfotunately I didn't read up on this soon enough to action the POPLA appeal, Would you recommend that I continue to ignore the letters?

                  thanks
                  bonz1000

                  Comment


                  • #10
                    Re: Parking eye have done it again! Help!

                    Originally posted by bonz1000 View Post
                    Unfotunately I didn't read up on this soon enough to action the POPLA appeal, Would you recommend that I continue to ignore the letters?

                    thanks
                    bonz1000

                    As you indicate that you have a letter before action then absolutely not.
                    http://forums.moneysavingexpert.com/....php?t=4705657

                    M1

                    Comment


                    • #11
                      Re: Parking eye have done it again! Help!

                      Thing is for me, I was never intending on parking just trying to get my daughter to the toilet before she had an accident in my car so I paid no attention to any signs. Irony of it was a couple of days later I went to the same car park, paid for my ticket and parked all day!!

                      Comment


                      • #12
                        Re: Parking eye have done it again! Help!

                        Originally posted by bonz1000 View Post
                        Thing is for me, I was never intending on parking just trying to get my daughter to the toilet before she had an accident in my car so I paid no attention to any signs. Irony of it was a couple of days later I went to the same car park, paid for my ticket and parked all day!!

                        Don't get sucked in to trying to get justice for what you believe. You need to use the law to win not what actually happened.

                        http://forums.pepipoo.com/index.php?showtopic=62757

                        That is how you beat them although you'd hope not to have to appeal like Colin Thurlow but instead use him to direct the Judge to the correct legal decision.

                        M1

                        Comment


                        • #13
                          Re: Parking eye have done it again! Help!

                          A great example has become apparent today as to why you need to frame an appeal to win rather than win because what happened was actually wrong.

                          http://forums.moneysavingexpert.com/....php?t=4741553

                          M1

                          Comment


                          • #14
                            Re: Parking eye have done it again! Help!

                            So am I right in thinking that I now need to acknowledge their letter? I am a little confused now I have read so much about this, does anyone out there have an example letter template??

                            Thanks
                            Bonz1000

                            Comment


                            • #15
                              Re: Parking eye have done it again! Help!

                              Originally posted by bonz1000 View Post
                              So am I right in thinking that I now need to acknowledge their letter? I am a little confused now I have read so much about this, does anyone out there have an example letter template??

                              Thanks
                              Bonz1000
                              You would be best to acknowledgeand reply to it.

                              http://forums.moneysavingexpert.com/...877&highlight=

                              This gives you an idea. You must amend to suit your circumstances and the letter you received.

                              M1

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X