Parking Eye

[labman]

Re: Parking Eye at Sheraton Heathrow

Hi All,
Thanks for the replies.
I have read the sample letter you have referred to but it doesn't seem to apply to my case much at all. Still thinking about it though.

See below.

To clarify:
I was on holiday in UK and returned to Australia, where I am permanently domiciled, on 29/7/13 - arriving home on 31/7/13.

I have not received any communication from Parking Eye, just a copy of the first page of the parking charge notice which was included with the Europcar letter.

Further thoughts...
The invoice from Europcar is headed TRAFFIC VIOLATION INVOICE; since I have not violated any traffic laws it would seem to me that they don't have any grounds to charge my credit card. Their T&Cs may well include 'other charges' but they have sent me an invoice for a traffic violation, which I have not incurred.
I don't think you have a hope in hell to be honest.
Additionally, they have charged me VAT on the 30 pounds fee. I live in Australia and UK VAT does not apply to anything I buy online from the UK. I think you'll find you have to pay VAT while in the UK! Europcar have provided a service that, legally, I 'bought' from them after the time I arrived back in Australia (their invoice is dated 13/8/13 and the charge on my credit card is dated 20/8/13). It seems to me that they should not have charged me the VAT. In any case I have yet to closely examine my rental car contract with Europcar, so I am as yet undecided what to do about them. I'd pay them and leave that rest. You're on a very sticky wicket unless your aim is to get out of paying everything legitimately incurred while planning to visit, visiting or after visiting the UK.

What does concern me is that Parking Eye may well send further correspondence regarding the parking charge to Europcar, if they do then Europcar will undoubtedly charge my credit card again for a further 36 pounds TBH, the way you're talking above, I wouldn't blame them- despite the fact that they have stated that they have given Parking Eye my details and the assumption is that they have washed their hands of the affair. I'm seriously thinking about cancelling my credit card right now to avoid any further charges by Europcar. The way Parking Charges work is that after they have given the name of the driver, it is the driver who is pursued, not the Registered Keeper.

Finally, if Parking Eye do decide to do the County Court thing, how could they possibly think it could be enforced seeing as I do not live in the UK and have no address there? What would be the ramifications, if any, if that were to occur? I alluded to that in my post above. It is a civil offence, so it is unlikely there would be any ramifications at all. Do you visit the UK very regularly? If not, I wouldn't worry, even if it were to get you a CCJ in this country. I would appeal the charge though to try to resolve things once and for all.

Thanks,
Dave.
:yo:

Re grounds for appeal (some with thanks to M1):

I owe you nothing.
Your charge is a penalty.
I was not parked but merely unloading.
I never saw any signs.
As I never saw any signs, please prove you had a contract with me.
Unfair Term under the Unfair Terms in Consumer Contracts Regulations 1999

etc....

I've just re-read the letter, and I can't agree that it doesn't apply to your case. I believe it applies almost perfectly to your case. The fact that the return address for correspondence may be your home in Australia is likely to be enough in itself to stop action in its tracks. You would need to specify this clearly in your letter, stating that is your place of residence and should they intend to pursue it, please correspond with you in Australia allowing appropriate extra time for service of letters, otherwise you will seek to have any judgment overturned.

Hope this helps! :beagle:

[nickivan]

Re: Parking Eye

Need now be careful. They are doing huge submissions for small claims court of everyone they are after. If a court case starts, you have to defend or they get automatic judgement. Offer them the price of parking for 11 minutes after the 3rd / 4th letter. This is not a fine but an invoice. If it went to court, many ways of defeating them. I am doing this now.

[charitynjw]

Re: Parking Eye

Need now be careful. They are doing huge submissions for small claims court of everyone they are after. If a court case starts, you have to defend or they get automatic judgement. Offer them the price of parking for 11 minutes after the 3rd / 4th letter. This is not a fine but an invoice. If it went to court, many ways of defeating them. I am doing this now.

If they don't offer mediation first, clobber them with that as well. (CPR Overriding Objective, Pre-action Protocol, etc.)

[labman]

Re: Parking Eye

They can submit as much as they want, but they still have to justify points made against them - pre-estimate of loss, contract formation, signage etc...

It is quality, not quantity. However many words they write, it won't make their arguments any better.

[mystery1]

Re: Parking Eye

Need now be careful. They are doing huge submissions for small claims court of everyone they are after. If a court case starts, you have to defend or they get automatic judgement. Offer them the price of parking for 11 minutes after the 3rd / 4th letter. This is not a fine but an invoice. If it went to court, many ways of defeating them. I am doing this now.

http://parking-prankster.blogspot.co...n-one-day.html

There was a FOI response which indicated they issued around 650,000 tickets but i can't find a direct link.

The maximum they could do on present figures is 50,000 or so.

They are issuing lots of claims but far from everyone.

M1

[TerryBarr]

Re: Parking Eye

My wife received a Parking Charge Notice from Parking Eye this morning and after a bit Googling I found this forum.
Her car but I was the driver at the time so obviously all she has to do is to let them know that I was the driver at the time of the alleged offense.

The offense. I had driven my rather old (93) neighbor to our local NHS clinic to visit the chiropodist. He goes three or four times a year. Due to the shortage of parking we tend to arrive pretty early in case we have to drive around until one of the THREE disabled bays becomes available. Anyway, on this day we arrive just after 8:30 in the morning and had a choice of bay. We parked, put the disabled permit on the dashboard, , waited for half an hour in the car and went in to see the chiropodist. Left just after 10.

Today the demand for money arrived with two photographs, one of the car entering the clinic ground and the other of it leaving. The alleged offense is;

'On the 23 August 2013 vehicle xxxxxxx entered the Loxford Polyclinic (Drop Off Zone) car park at 08:34:05 and departed at 10:01:47 on August 2013.

The signage, which is clearly displayed at the entrance to and throughout the car park, states that it is private land, the car park is managed by ParkingEye Ltd, and that the maximum free stay authorised is 0 hours and 10 minutes, along with other terms and conditions of the car park by which those who park in the car park agree to be bound'.

Now, the entrance and exit are at either end of the drop off zone and the disabled bays are in fact off that zone so I take it that as they have the time of my entry and exit they are going on the assumptin that the car was parked in the drop off zone for that time.

I would assume that the ting to do is:

1, My withe lets them know that I was the driver.
2, When they chase me I point out to them what the facts are and tell them that I want to appeal.
3, If the appeal fails let them take me to court and defend.
4. As I have no income ask for lots of time to pay.

BTW, here's a picture of the bay where I was parked.

[labman]

Re: Parking Eye

You need to appeal it to Parking Eye (these nearly always fail), get the POPLA code, then appeal to them - these are usually successful. You'll find a good example of an appeal letter HERE. Remember to state 'the driver did x, y and z' NOT 'I drove the car in and did x, y and z' - maintain the driver's anonimity.

[mystery1]

Re: Parking Eye

You need to appeal it to Parking Eye (these nearly always fail), get the POPLA code, then appeal to them - these are usually successful. You'll find a good example of an appeal letter HERE. Remember to state 'the driver did x, y and z' NOT 'I drove the car in and did x, y and z' - maintain the driver's anonimity.

Indeed.

M1

[mystery1]

Re: Parking Eye

Hi, I got a ticket off parking eye in Dec 2012 for overstaying 29 mins on a Sunday morning in 1 of their carparks. I looked at this forum & decided to ignore it. I have just received a letter from the court. Any advice because they now want £165. Its not as if I was stopping customers from using the shop as the carpark was virtually empty. thanks.

http://forums.pepipoo.com/index.php?showtopic=82942&hl=

M1

[casper1976]

Re: Parking Eye

http://forums.pepipoo.com/index.php?showtopic=82942&hl=

M1

Hi,

I overstayed in a Morrisons car park 2 weeks ago, granted I took it to extremes and stayed an hour and a half past the 2 and a half hours. Most of the time was spent in the supermarket and the rest in the town centre. I was going to ignore as all posts have said to but I decided to speak to the store manager at Morrisons to air my grievance at the extortinate £85 fine PE are imposing for what is only 90 minutes overstay. When I called to speak to the manager the girl asked for my name and stupidly I gave it. Anyway, the manager said that 2 and a half hours is ample time to shop in store and do other shopping and if I can provide receipts for my Morrisons shop then he will speak to PE on my behalf to see if they will drop the case. Firstly I don't have the receipt anymore, secondly, now I have spoken to the store and the manager MAY have kept my name, do I now pay PE or ride it out as it will be my word against his to whether the said phone call actually took place?

Thanks

[casper1976]

Re: Parking Eye

Hi,

Newbie here!!

I overstayed in a Morrisons car park 2 weeks ago, granted I took it to extremes and stayed an hour and a half past the 2 and a half hours. Most of the time was spent in the supermarket and the rest in the town centre. I was going to ignore as all posts have said to but I decided to speak to the store manager at Morrisons to air my grievance at the extortinate £85 fine PE are imposing for what is only 90 minutes overstay. When I called to speak to the manager the girl asked for my name and stupidly I gave it. Anyway, the manager said that 2 and a half hours is ample time to shop in store and do other shopping and if I can provide receipts for my Morrisons shop then he will speak to PE on my behalf to see if they will drop the case. Firstly I don't have the receipt anymore, secondly, now I have spoken to the store and the manager MAY have kept my name, do I now pay PE or ride it out as it will be my word against his to whether the said phone call actually took place?

[mystery1]

Re: Parking Eye

Hi,

I overstayed in a Morrisons car park 2 weeks ago, granted I took it to extremes and stayed an hour and a half past the 2 and a half hours. Most of the time was spent in the supermarket and the rest in the town centre. I was going to ignore as all posts have said to but I decided to speak to the store manager at Morrisons to air my grievance at the extortinate £85 fine PE are imposing for what is only 90 minutes overstay. When I called to speak to the manager the girl asked for my name and stupidly I gave it. Anyway, the manager said that 2 and a half hours is ample time to shop in store and do other shopping and if I can provide receipts for my Morrisons shop then he will speak to PE on my behalf to see if they will drop the case. Firstly I don't have the receipt anymore, secondly, now I have spoken to the store and the manager MAY have kept my name, do I now pay PE or ride it out as it will be my word against his to whether the said phone call actually took place?

Thanks

Proof of payment would suffice. Bank statement, credit card statement etc.

You could pay them if you wanted to but you could shaft them at popla which would be cheaper and a hell of a lot more satisfying.

M1

[casper1976]

Re: Parking Eye

Thanks M1. To be honest I don't want to pay as they are just cowboys and bullies and I feel I shouldn't give in. I thought it was only council or police that could enforce a parking fine?. Also I don't want to be hit by a CCJ. My gut reaction is to pay but that's because I tend to worry about stuff like this!

[mystery1]

Re: Parking Eye

Thanks M1. To be honest I don't want to pay as they are just cowboys and bullies and I feel I shouldn't give in. I thought it was only council or police that could enforce a parking fine?. Also I don't want to be hit by a CCJ. My gut reaction is to pay but that's because I tend to worry about stuff like this!

If you fought all the way and lost then you can still avoid the CCJ recorded against you.

http://www.trustonline.org.uk/unders...-what-are-they

The CCJ register
The Register of Judgments, Orders and Fines records CCJs for 6 years.


Most CCJs will appear on the register but there are some that don’t. To be capable of being registered the judgment must either have been issued in default (i.e a judgment without trial where no defence was entered) or else defended and payment is by instalment order or where enforcement action is being taken. (There are other conditions and exemptions and for the full list of criteria please refer to the latest statutory instrument relating to the Register of Judgments, Orders and Fines Regulations.)


Banks and other lenders can do a CCJ check against the CCJ register when deciding whether to offer credit. Getting a mortgage with a CCJ or a loan with a CCJ is difficult. Even if you get credit, you may end up paying a higher interest rate.


Staying off the register

Nearly all CCJs go on the register:

Paying within a month The CCJ will be removed from the register if you pay in full within one month of the day of the judgment.
Satisfied vs unsatisfied If you pay the CCJ after this, it stays on the register but it will be recorded as 'satisfied' (see Certificate of satisfaction). If you don't pay it, it's shown as unsatisfied.
CCJ removal The only way to remove a CCJ is to ask the court to set aside the judgment because you have a genuine reason to dispute it.


M1

[Madgeordie]

Re: Parking Eye

Hi thanks for the link to the letter in post 592. Bit confused though, as it has a green heading Letter of Appeal - do I include this? Also, just above sec. 4(a), it states it is not an appeal? Only received letter a couple of days ago and have done nothing yet (other than search internet for advice) and plan to use this letter. Thanks