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I received my first letter last month stating pay £50 now or £85 by the 13th February.
Of course if I wasn't the driver the letter stated that I should tell them who the driver is.
Received the 2nd letter last week stating that I still hadn't paid and time was running out. Again if I wasn't the driver I should pass the letter on to the driver and get them to contact Parking Eye.
Fools.
The notice was sent because apparently the car was parked in their car park for 4 hours and 15 minutes and the limit was 4 hours. Interestingly it was exactly 4 hours 15 minutes and 1 second. (Do they only send them out after a 15 minute period after the allotted time?).
Reasons why I am not paying you Parking Eye.
1. I am the registered keeper and not the driver on the day in question and under Scottish law there is no onus for me to give you the name of the driver and I am afraid my memory is so poor I could not possibly tell you who the driver was, except that it wasn't me.
2. Unless Parking Eye can prove that the time on the camera entering the car park matched the time exiting the car park (on the day in question, not now) then how can they prove that the car was definitely there 15 minutes longer than allowed.
3. The signage is too small to see on entering the car park in question and it is not safe to stop and read it.
4. All other signs in the car park are positioned in such a way that they are actually facing away from the driver's point of vision. There is an entire section of car park that has no sign at all. I'm pretty sure the driver, whoever that may have been, would be able to dispute the fact that they had seen the signs.
5. The signs (after I as the registered keeper and not the driver revisited the car park on another day and the sign says the car can only be parked for 4 hours. Cameras pointing at the entrance and exit clearly do not work as 15 minutes and 1 second could easily be used driving around the car park looking for a space and queuing to get out of the car park after shopping has finished.
6. When does the contract start. If the driver had parked the car and had seen the sign then the earliest opportunity that the contract can start is when the person has read the sign. Allow for the fact that the parking of the car could have taken 5 minutes and that the driver may have been elderly, pregnant or with children they could have spent a further 5 to 10 minutes exiting the car and walking to the signage. The sign is full of text and could have taken a number of minutes to read. Therefore the 4 hours parking may only start after the contract has been read and therefore going by their rules agreed to.
7. Actual loss to the company.
960 car parking spaces in a free car park for 4 hours. Allowing for the fact that the driver had stayed for 4 hours and 15 minutes can Parking Eye prove any loss. Surely all 960 spaces would have to be full for there to be any loss at all and only 15 minutes worth of loss. And what would that loss be?
8. The driver is responsible for the fine.
Quite often my wife will drive to a shopping precinct and I will drive home. Who would the driver be? Who has accepted the agreement? Clearly if my wife had parked the car then she has 4 hours. If I drive away after 4 hours then it is me as the driver who has allowed the car to remain after 4 hours.
Doesn't really matter because neither of us was driving that day Parking Eye.
9. Can you prove we were there for 4 hours and 15 minutes and 1 second?
Allowing for the fact that a car can go past the camera in a second or two. Do you have a photo covering every single second of those 4 hours and 15 minutes to prove that the car did not exit and return at a later date.
If anyone from Parking Eye is reading this. Good luck. You aren't getting a penny out of me.
Of course if I wasn't the driver the letter stated that I should tell them who the driver is.
Received the 2nd letter last week stating that I still hadn't paid and time was running out. Again if I wasn't the driver I should pass the letter on to the driver and get them to contact Parking Eye.
Fools.
The notice was sent because apparently the car was parked in their car park for 4 hours and 15 minutes and the limit was 4 hours. Interestingly it was exactly 4 hours 15 minutes and 1 second. (Do they only send them out after a 15 minute period after the allotted time?).
Reasons why I am not paying you Parking Eye.
1. I am the registered keeper and not the driver on the day in question and under Scottish law there is no onus for me to give you the name of the driver and I am afraid my memory is so poor I could not possibly tell you who the driver was, except that it wasn't me.
2. Unless Parking Eye can prove that the time on the camera entering the car park matched the time exiting the car park (on the day in question, not now) then how can they prove that the car was definitely there 15 minutes longer than allowed.
3. The signage is too small to see on entering the car park in question and it is not safe to stop and read it.
4. All other signs in the car park are positioned in such a way that they are actually facing away from the driver's point of vision. There is an entire section of car park that has no sign at all. I'm pretty sure the driver, whoever that may have been, would be able to dispute the fact that they had seen the signs.
5. The signs (after I as the registered keeper and not the driver revisited the car park on another day and the sign says the car can only be parked for 4 hours. Cameras pointing at the entrance and exit clearly do not work as 15 minutes and 1 second could easily be used driving around the car park looking for a space and queuing to get out of the car park after shopping has finished.
6. When does the contract start. If the driver had parked the car and had seen the sign then the earliest opportunity that the contract can start is when the person has read the sign. Allow for the fact that the parking of the car could have taken 5 minutes and that the driver may have been elderly, pregnant or with children they could have spent a further 5 to 10 minutes exiting the car and walking to the signage. The sign is full of text and could have taken a number of minutes to read. Therefore the 4 hours parking may only start after the contract has been read and therefore going by their rules agreed to.
7. Actual loss to the company.
960 car parking spaces in a free car park for 4 hours. Allowing for the fact that the driver had stayed for 4 hours and 15 minutes can Parking Eye prove any loss. Surely all 960 spaces would have to be full for there to be any loss at all and only 15 minutes worth of loss. And what would that loss be?
8. The driver is responsible for the fine.
Quite often my wife will drive to a shopping precinct and I will drive home. Who would the driver be? Who has accepted the agreement? Clearly if my wife had parked the car then she has 4 hours. If I drive away after 4 hours then it is me as the driver who has allowed the car to remain after 4 hours.
Doesn't really matter because neither of us was driving that day Parking Eye.
9. Can you prove we were there for 4 hours and 15 minutes and 1 second?
Allowing for the fact that a car can go past the camera in a second or two. Do you have a photo covering every single second of those 4 hours and 15 minutes to prove that the car did not exit and return at a later date.
If anyone from Parking Eye is reading this. Good luck. You aren't getting a penny out of me.
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