Parking Eye

[alham]

Re: Parking Eye

I have read every page of this thread and even afterreading the changes in the law (I can be a bit simple sometimes and legal terminologythrows me a bit sometimes!) I am unsure as to what to do and would reallyappreciate some advice.

A few days ago I received a PARKING CHARGE NOTICE fromParking Eye. Stating that I had parked my car in a Starbucks/KFC car park for1hour 42 mins and that the maximum free stay is 1 hour 30mins. This happened on1^st of January 2013 (Happy New Year). Now, on this particular day,it was my best friends 30^th birthday and I was involved in the arrangementand organisation of a surprise party for her. I lent my boyfriend my car as hewas not at the party and he was going to pick me up later on that evening afterthe party. As we do not know the area well (around Heathrow many one way dual carriagewaysetc, he got lost and drove around a bit until he saw signs taking him home. Heis adamant that he parked in this car park to make a call as he was stressedbecause he was lost and says he was in this particular car park for 20mins –30max.

There is a photo of my car (you cannot see the driver)with this charge which shows the time as 18.36 at the entrance and 20.19 at theexit. I showed him this as I was obviously absolutely fuming and he is adamantthat he was not there that long. I do believe him as there is no reason to bein a random car park for so long. Plus I spoke to him within this time and hewas at his friends.

The letter also states that “ You are notified underparagraph 9(2) (b) of schedule 4 of the Protection of Freedoms Act 2012 thatthe driver of the motor vehicle is required to pay this parking charge in full.As we do not know the driver’s name or current postal address, if you were notthe driver at this time, you should tell us the name and current postal addressof the driver and pass this notice to them”.

He was going to pay this as obviously I was not happyabout getting this charge but after reading this forum I told him let me askfor some advice first.

It’s the usual pay us £100 by XX date or it is reduced to£60 if you pay within 14days which happens to be 22^nd Jan (nextweek).

I have given him a really hard time over this but he is110% adamant he was only there for 20/30mins.

Please legal beagles – what should I do? Thank you in advance

Do nothing. Although Freedom of Information does place an onus on the owner to "snitch" the driver, however this falls under the contract law and they CAN NOT issue penalty notices, especially as it appears, from your post, that it was a free car park anyway. Repeat three times "b******s" and then throw letters in the bin, or even better, recycle.

[SK13]

Re: Parking Eye

:grin:You are funny CleverClogs - and strangely enough the Mr suggested something similar - to which i panicked and said oh no we cant do that....

Re: Parking Eye

What he is rightly saying is totally ignore your ticket. You will get a few increasingly nasty letters, but ignore them and they will, eventually stop.

If they can't see the driver, they may ask who was driving - just ignore, ignore, ignore.

In the HIGHLY unlikely event you get court papers, post up again. The chances of this happening are literally around 0.001%.

Actually, that's not quite what I had in mind. I was considering an alternative stratagem.

As we know, the stupid law those maggot-brained snollygosters in the kakistocratic coalition misnamed the "Protection of Freedoms Act 2012" allows these parking companies to make a civil claim against the registered keeper of a vehicle parked on land the company owns or manages if the registered keeper does not tell those varmints the name and address of the driver.

So, the least ideal driver from the point of view of the parking parasites would be one who cannot be traced, threatened or forced to pay.

If one knew someone who had recently died intestate and with no applicable surviving relatives, whose estate was therefore to be claimed by the Crown, one might perhaps give the impression that the dear departed was the driver. I doubt that the Bona Vacantia department of H.M. Treasury (link) would want to pay up quickly - if at all.

Failing that, if one could give the impression that one's motor-car had been borrowed that day / evening / night by a bunch of globe-trotting hippies from the Antipodes, who had since departed for a warmer climate elsewhere but who might be contactable at Poste Restante (link) Bongoville, Bongo-bongoland (or wherever) the "driver" would be difficult to sue...

"Fatta la legge, trovato l'inganno," as one might say. msl:

[WeaselWoo]

Re: Parking Eye

Thanks for the reply.

I will do a letter as you suggest. I am worlds worst worrier and just hope that this gets resolved. I have spoken to somebody on the phone who deals with queries regarding the parking and she asked if I had proof of shopping in the store, yes I have my receipt but only bought a few items as I had taken my mother with me who spent approx £30.00 but has not got the receipt and she tells me I need to go back and ask the store for a copy of the receipt. How on earth am I suppose to remember what my mum purchased from a fortnight ago. The proof I have should be sufficient enough.

[michael]

Re: Parking Eye

I am going to go back to the store when I have the time and get the Manager to deal with this.

Better would be a letter to the store manager (copy to head office).

What was very clear in the Parking Eye v Somerfield court case was that behind the scenes Somerfield were very worried by complaints and protests from customers and was certainly one of the factors that led to their decision to terminate the contract

[WeaselWoo]

Re: Parking Eye

I today have received a Parking Charge Notice from Parking Eye Ltd., requesting £40.00 now or it will go up to £70.00.

After finding this forum I think I will stand my ground and not pay this. I was actually in the store spending money and went over the time allowed to park for free, must admit I didn't see any signs. If they were asking for me to pay for the 1/2 hour over that I spent in the car park ok, but to be requesting £40.00 absolutely disgusting. I am going to go back to the store when I have the time and get the Manager to deal with this.

[SK13]

Re: Parking Eye

CC's humour - 110% is mathematically impossible, you can only have 100%.

A lot of scammers are from overseas. What he is rightly saying is totally ignore your ticket. You will get a few increasingly nasty letters, but ignore them and they will, eventually stop.

If they can't see the driver, they may ask who was driving - just ignore, ignore, ignore.

In the HIGHLY unlikely event you get court papers, post up again. The chances of this happening are literally around 0.001%.

Hope that clarifies things for you!

Oh lol silly me thank you very much for both of your help. I shall from now ignore. But will keep you posted if anything strange occurs

Re: Parking Eye

I do apologise but I do not understand either of your comments. Why is it utterly impossible? I spoke to him within this time, he was at his friends waiting to come and get me later on.

What do you mean by people overseas?

CC's humour - 110% is mathematically impossible, you can only have 100%.

A lot of scammers are from overseas. What he is rightly saying is totally ignore your ticket. You will get a few increasingly nasty letters, but ignore them and they will, eventually stop.

If they can't see the driver, they may ask who was driving - just ignore, ignore, ignore.

In the HIGHLY unlikely event you get court papers, post up again. The chances of this happening are literally around 0.001%.

Hope that clarifies things for you!

[SK13]

Re: Parking Eye

That is utterly impossible.


How many people do you know overseas that the parking scamsters could try to chase instead?

I do apologise but I do not understand either of your comments. Why is it utterly impossible? I spoke to him within this time, he was at his friends waiting to come and get me later on.

What do you mean by people overseas?

Re: Parking Eye

I have given him a really hard time over this but he is110% adamant he was only there for 20/30mins.

That is utterly impossible.

Please legal beagles – what should I do? Thank you in advance

How many people do you know overseas that the parking scamsters could try to chase instead?

Re: Parking Eye

I would suggest you send a copy of the letter I have written below.






















That should do the trick for you.

Rather than referring them to Arkell v Pressdram?

[SK13]

Re: Parking Eye

I have read every page of this thread and even afterreading the changes in the law (I can be a bit simple sometimes and legal terminologythrows me a bit sometimes!) I am unsure as to what to do and would reallyappreciate some advice.

A few days ago I received a PARKING CHARGE NOTICE fromParking Eye. Stating that I had parked my car in a Starbucks/KFC car park for1hour 42 mins and that the maximum free stay is 1 hour 30mins. This happened on1^st of January 2013 (Happy New Year). Now, on this particular day,it was my best friends 30^th birthday and I was involved in the arrangementand organisation of a surprise party for her. I lent my boyfriend my car as hewas not at the party and he was going to pick me up later on that evening afterthe party. As we do not know the area well (around Heathrow many one way dual carriagewaysetc, he got lost and drove around a bit until he saw signs taking him home. Heis adamant that he parked in this car park to make a call as he was stressedbecause he was lost and says he was in this particular car park for 20mins –30max.

There is a photo of my car (you cannot see the driver)with this charge which shows the time as 18.36 at the entrance and 20.19 at theexit. I showed him this as I was obviously absolutely fuming and he is adamantthat he was not there that long. I do believe him as there is no reason to bein a random car park for so long. Plus I spoke to him within this time and hewas at his friends.

The letter also states that “ You are notified underparagraph 9(2) (b) of schedule 4 of the Protection of Freedoms Act 2012 thatthe driver of the motor vehicle is required to pay this parking charge in full.As we do not know the driver’s name or current postal address, if you were notthe driver at this time, you should tell us the name and current postal addressof the driver and pass this notice to them”.

He was going to pay this as obviously I was not happyabout getting this charge but after reading this forum I told him let me askfor some advice first.

It’s the usual pay us £100 by XX date or it is reduced to£60 if you pay within 14days which happens to be 22^nd Jan (nextweek).

I have given him a really hard time over this but he is110% adamant he was only there for 20/30mins.

Please legal beagles – what should I do? Thank you in advance

[alham]

Re: Parking Eye

Well done nemo.

Re: Parking Eye

Thanks for feeding back Nemo - the more that do that, the more people will realise that the advice on this thread is sound and not just theory.

Many thanks.

[nemo]

Re: Parking Eye

Hi Peeps ,

Happy new year to all - just wanted to leave an update re: my dealings with PE.

As some of you might recall, I contested their charge with the sole purpose of taking them via the POPLA route but unfortunately, they've now responded to say that the invoice will be cancelled as a gesture of goodwill (!!!) - it appears they decided to be £27.50 better off after all.

All is not lost as this incident has most certainly helped me in more ways than one and as a result I am better informed and prepared to deal with unscrupulous companies and people alike. For that, I must thank you for all the help.

-n