Parking Eye

[robbhp]

Re: Parking Eye

I take it that would be with correspondence with the land / property owners first and then question parking eye about the wording or would the recommendation be to direct the question direct to parking eye in the opening appeal letter ?

[mystery1]

Re: Parking Eye

Could throw it in at popla but it's not that big a deal. Certainly for a parking eye appeal you'll be lucky if they read it anyway.

M1

[robbhp]

Re: Parking Eye

The okay I will form my appeal tonight and email it to parking eye . Although I am allowed to appeal how solid is the ground that the appeal built upon ? I will not hold you to an answer however I would like to know where I stand . And thank you for all the information thus far .

[robbhp]

Re: Parking Eye

Sorry am i asking a unreasonable question ? not being funny bif there is rule that i was unaware of i will not ask again if this is the case.

[mystery1]

Re: Parking Eye

The okay I will form my appeal tonight and email it to parking eye . Although I am allowed to appeal how solid is the ground that the appeal built upon ? I will not hold you to an answer however I would like to know where I stand . And thank you for all the information thus far .

It's 99% certain that parking eye will decline any appeal, not just the one you put to them, but any and all appeals. However it's worth letting them know you'll appeal to popla which has cost implications for them but not you.

Popla is an ever changing scenario and the decisions are months behind. A decent appeal at the moment has a very good chance especially those which pick on the BPA code of conduct and POFA 2012 failures. The actual circumstances of the parking is not a great appeal point in 95% of cases.

M1

[robbhp]

Re: Parking Eye

Okay thank you, i will forward the reply that has been given and go from there thank you for your time. One more question should these paypoint ,machine be checked for example by trading standards or could parking eye claim that they service them, i would have thought and independant would have to be involved.
Many thanks

[mystery1]

Re: Parking Eye

Okay thank you, i will forward the reply that has been given and go from there thank you for your time. One more question should these paypoint ,machine be checked for example by trading standards or could parking eye claim that they service them, i would have thought and independant would have to be involved.
Many thanks

Trading standards could get involved although for 1 incident they'd probably not bother unless it was obvious to them that parking eye knew and rejected all appeals regardless.

M1

[robbhp]

Re: Parking Eye

Okay thank you.
In terms of a step by step guide of the process it goes something like the following

• I appeal the decision Via Parking Eye and request a popla code.
  
• Popla over see the appeal and decide if Parking eye have a leg to stand on. If they believe parking eye to be within their rights to charge me then the appeal has failed.
  
• at this point i can pay up or take the case to small claims court or should i say they will take me to small claims court.
  

Just would like a clear understanding of what i may be getting myself into. From my understand, if it goes to Small claims can they try to recover their solicitors cost from me if i am found to liable ? Or is it the penalty charge plus an extra few quid for the fact we went to court ? sorry to be naive but i have never done anything like this so just a little concerned that i could be digging a hole lol

Thank you

[bluebottle]

Re: Parking Eye

Parking Eye have to prove actual and quantifiable loss and that any "parking charge" is not an unenforceable penalty. Unless they can do that, they are going to find it very difficult to convince a court they have a valid claim.

Personally, I can see PPCs going exactly the same way as clamping firms - into oblivion or, more accurately, into administration. A compulsory winding-up order would be better, but I'll be happy with administration.

[CleverClogs]

Re: Parking Eye

ANPR evidence cannot, in itself, be deemed to be reliable. It is too easy to abuse and misuse.

And to bugger up completely by smearing lard, bacon fat or Vaseline on the lens? :grin:

[bluebottle]

Re: Parking Eye

And to bugger up completely by smearing lard, bacon fat or Vaseline on the lens? :grin:

Spooky, Cloggy. How did you know I was going to suggest that?:spooky:

[mystery1]

Re: Parking Eye

Okay thank you.
In terms of a step by step guide of the process it goes something like the following

• I appeal the decision Via Parking Eye and request a popla code.
• Popla over see the appeal and decide if Parking eye have a leg to stand on. If they believe parking eye to be within their rights to charge me then the appeal has failed.
  
• at this point i can pay up or take the case to small claims court or should i say they will take me to small claims court.
  

Just would like a clear understanding of what i may be getting myself into. From my understand, if it goes to Small claims can they try to recover their solicitors cost from me if i am found to liable ? Or is it the penalty charge plus an extra few quid for the fact we went to court ? sorry to be naive but i have never done anything like this so just a little concerned that i could be digging a hole lol

Thank you

The original appeal is with parking eye. They say no and then the real appeal is with popla. You win this and it's game over. You lose and they can (not will) take you to court but are not guaranteed to win. Far from it. Yes there are minimal costs at small claims court. £50 solicitor £15 (or is it 325 i can't remember) hearing fee plus travel expenses.

You can pay them anytime you want if it's too much for you to beat them.

M1

[labman]

Re: Parking Eye

Parking Eye are losing nearly all the cases they pursue to court which are defended. They simply cannot justify the penalty.

[charitynjw]

Re: Parking Eye

From my understand, if it goes to Small claims can they try to recover their solicitors cost from me if i am found to liable ? Or is it the penalty charge plus an extra few quid for the fact we went to court ? sorry to be naive but i have never done anything like this so just a little concerned that i could be digging a hole lol

Thank you

Costs are not usually granted in 'small claims'
As long as you behave 'reasonably' (ie, obey the directions of the court/case management), you should have nothing to worry about on that score.

[bluebottle]

Re: Parking Eye

Parking Eye are losing nearly all the cases they pursue to court which are defended. They simply cannot justify the penalty.

That says an awful lot about the veracity of their claims, LM. Thank you for posting up that information.