**cancelled**Parking Eye appeal rejected confirmation - car broken down

[D2019]

Hi,
Last month I parked up at a retail park (shops are Benson for Bed, and Wickes) and nipped into one of the shops. I didn't buy anything. I was in the shop for five minutes before I left and returned to my car. The retail car park had a maximum stay of 2 hours.
As I attempted to start my car it wouldn't start. I tried a number of times during a half hour period but it still wouldn't start. This hour half period would've taken me up to 35 minutes of my 2 hour allocation. So 1 hour and 25 minutes remained on my allocation at this point.
I rang my roadside recovery company in which they informed me that the waiting time would be around 5 hours (cripes). I had no choice but to wait. I knew this would take me way over the 2 hour allowed parking time. So I popped into 'Benson for Beds' and explained my situation to the duty manager at the time. He said 'no problem' and took my car registration number and sent an email, there and then, to his contact at Parking Eye, or someone responsible for the parking at the retail park. The duty manager couldn't provide me any details, due to confidentially, but did give me the contacts name. I logged all this and the time the email was sent, plus the times I entered the retail car park and left. However, Parking Eye had recorded this anyway. The 'Benson for Beds' duty manager informed me I will received a parking penalty notification but I won't need to pay it.

The 5 hours past by and the roadside recovery service turned up and fixed my car. Finally, I was able to leave the retail park. The 'Benson for Beds' duty manager saw me at my car the whole time and saw the roadside recovery attend to me (fix my car). So I have a witness. Any CCTV cameras there can verify this too.

For forward a week and I did receive the Parking Eye penalty notice. I appealed it via their online system, explaining everything in great detail. Mentioning the 'Benson for Beds' duty manager's name, the parking contact's name he had emailed, the times of everything, etc..

To my amazement, I receive notification this evening that my appeal has been unsuccessful. What? How can this be?

My car wouldn't start. Nothing I could do about it.
The roadside recovery service stated they would be 5 hours. Nothing I could do about it.
I took the steps to notify the duty manager of the shop I was parked outside (Bensons for Beds) to seek guidance on the situation. He sent an email, there and then, providing my details so I don't get a ticket.
When the roadside recovery service eventually turned up and fixed my car, I left the retail park straight away.

This is crazy... What was I suppose to do?... Pick the car up and walk off with it.

Clearly, this is just wrong.
The appeal rejection letter states I now have the option to go www.popla.co.uk

Please can someone inform me of my legal rights? I just can't believe I haven't been successful.

Thanks in advance.

[charitynjw]

Hi & welcome to LB.

When the driver parks & remains in the car park (& especially if he/she leaves the site on foot) he/she is taken to have entered a unilateral contract per the displayed terms & conditions.
In contract law, if the contract cannot be performed due to unforseen circumstances beyond the control of one or both parties, they cannot be held liable for any breach of said contract.
This is known as frustration of purpose.
Taylor v Caldwell, Krell v Henry...............the list is long!

[D2019]

Thank you CHARITYNJW.
So having explained all this, in text, via the Parking Eye online appeals system, I ask what are they playing at? In their line of business they should know UK law and have made my appeal successful.

Strangely, after typing my post here, I was able to re-appeal via their online system. I was able to write my appeal text but this time I actually submitted the roadside recovery customer assistance report. I had to ring up the roadside recovery company to obtain this report. I didn't receive a report, from the mechanic that fixed my car, on the actual day. I didn't know a report like this existed otherwise I would've submitted it during my first appeal.

This report states the time I called the roadside recovery company and the time they fixed my vehicle. So I have everything to back up my statement of events. Having re-appealed I received the automated email saying it may take Parking Eye up to 28 days to respond in which time my Parking Charge Notice fine will not increase (I received the same email after submitting my first appeal). Although I should mention that in my unsuccessful confirmation email from Parking Eye they informed me that my appeal process had reached it conclusion (hence the 'strangely' I was able to re-appeal) and I have 14 days to pay the fine. Not sure which overrules which. Is it the unsuccessful confirmation I received yesterday, or the later re-appeal I was able to submit (and the re-appeal acknowledgement confirmation I received). Can you advise please?

Do you any advice on how I should play this please?
There doesn't seem to be a phone number I can ring them on to discuss this. There just seems to be a phone number to make the payment through. This payment line is all machine so I wouldn't get to speak with a human.
Clearly, I feel I am in my right to not pay the fine (Frustration of Purpose). So what do I do?
1) Do I wait the 28 days for the re-appeal to be considered?
2) Do I sit and do nothing and ignore any chaser letters and wait for them to take me to court? I think I'll win in court don't you? The problem is I don't want any bully debt collectors turning up. I'd rather go straight to court and if I lose, then something is VERY wrong, I'll pay the fine.
3) Is there a particular way I should play out this process specifically with Parking Eye?


What do you suggest I do?
Thank you again.

[charitynjw]

Lol!

The first (& subsequent) 'appeals' to the parking co's are more properly called 'representations' (Sometimes called 'soft appeals.)
Did P/E give you a POPLA code for an appeal? (EDIT....seems they did)
Even if they did, there's no foul in contacting them (P/E) to set out your table as regards your perceived knowledge re your legal position/argument.
If they choose to ignore it, or if they disagree, this can be brought to the court's attention, should it ever go that far.
& I doubt very much whether they would dare to send door-step collectors without first having secured a CCJ.....which, due to your above argument/defence, may be a big problem for them

[D2019]

Thank you.
'Bensons for Beds' have resent the email requesting my Parking Charge Notice be cancelled. I dropped in the 'Frustration of Purpose' term too ;-)
I've received confirmation that all is cancelled now.

[charitynjw]

Splendid.....well done.
Keep that notification safe....just in case!

( Amethyst for info/update the header)

[D2019]

Absolutely, I shall keep the notification safe.
Out of interest, how long (months, years) is Parking Eye (or anyone) allowed, from the offence date, to prosecute me before they run out of time and can no longer pursue me on this matter?
Thanks.

[charitynjw]

Absolutely, I shall keep the notification safe.
Out of interest, how long (months, years) is Parking Eye (or anyone) allowed, from the offence date, to prosecute me before they run out of time and can no longer pursue me on this matter?
Thanks.

To be pedantic, it wouldn't be a prosecution; that is for criminal cases.
The Limitation Act 1980 allows for up to six years for action on simple debts (which this would be classed as) but there are other considerations which can be taken into account.
The fact that they have chosen not to pursue would be one such consideration, & could be used by you should this rear it's ugly head in the future.