Parking Eye

[michael]

Re: Parking Eye

I received a parking charge notice from private eye.

During the weekends a you can park for 24 hours for £5 Bloom st Manchester

On Saturday morning at 07.48 i paid £5 and at 21.48 i left....No worries i thought
Parking Eye disagree... So i check... I still have the ticket... looking more closely the ticket is actually valid from 07.48 until 08.00 on the same day... 12 minutes! Surely they can't charge me £5 for 12 minutes and then £100 fine for the the time after 8am?

My question is, how should i respond? if at all? They are demanding £100 or £60 for early payment

Please help any advice appreciated.

The £5 weekend tariff starts from 8am Sat:
http://goo.gl/maps/MzXKj

So at worst their losses are £2.00 (1 hr at the weekday rate) for the 12 mins to 8am

I would happily ignore them, alternatively you could appeal explaining your genuine mistake enclosing a cheque for £2 and then appeal to POPLA when they reject your appeal. That will cost them £32 and even asssuming POPLA reject yor appeal, it's not binding on the motorist and you can ignore PE from then on

[MancunianT]

Re: Parking Eye

Hi, thanks for any responses

I received a parking charge notice from private eye.

During the weekends a you can park for 24 hours for £5 Bloom st Manchester

On Saturday morning at 07.48 i paid £5 and at 21.48 i left....No worries i thought
Parking Eye disagree... So i check... I still have the ticket... looking more closely the ticket is actually valid from 07.48 until 08.00 on the same day... 12 minutes! Surely they can't charge me £5 for 12 minutes and then £100 fine for the the time after 8am?

My question is, how should i respond? if at all? They are demanding £100 or £60 for early payment

Please help any advice appreciated.

[bluebottle]

Re: Parking Eye

Hi.
Latest update - I have sent a 2 page appeal letter.
I explained the disabled factors and the extra time which would be required.
I also pointed out, that legally I could have parked anywhere on the road with my blue badge for 3 hours.
I apologised for the overstay and even offered to pay for the 29 minute loss of earnings.

Since then I have had nothing but a reminder to pay!
Will continue to keep you updated.

PPCs have to be very careful where Blue Badge holders are concerned. It is very easy for them to find themselves on the wrong side of disability law.

Re: Parking Eye

The appeal will take x days. If you've received another letter within that time span, I suspect it is computer generated. I trust you sent your appeal recorded delivery.

[Norman the Bronto]

Re: Parking Eye

Hi.
Latest update - I have sent a 2 page appeal letter.
I explained the disabled factors and the extra time which would be required.
I also pointed out, that legally I could have parked anywhere on the road with my blue badge for 3 hours.
I apologised for the overstay and even offered to pay for the 29 minute loss of earnings.

Since then I have had nothing but a reminder to pay!
Will continue to keep you updated.

Re: Parking Eye

I believe the BPA have an appeals procedure in place. This is why only certain companies at present can enforce under th new legislation. It is also why it is impossible, without seeing a copy of the PCN, to suggest the best way forward. Finally, it is also , I believe, why the parking section of the Bailiffs' bit remains as it does for the time being.

Gradually companies will catch up with the new legislation I think, and helping posters will be more straightforward, but until that point in time, it is better to play safe and judge each case on its own merits. We don't really have a choice.

[alham]

Re: Parking Eye

Correct, but if no appeal to BPA exists than no rights under the new law!?

[bluebottle]

Re: Parking Eye

To the best of my knowledge and belief, the BPA have not, as yet, set up an appeals panel. Personally, I would not trust the BPA as far as I could throw them. When they have been challenged on programmes such as WATCHDOG, they have dodged questions. Putting them in charge of appeals is like putting Count Dracula in charge of a blood bank and telling him not to drink the blood.

[alham]

Re: Parking Eye

But am I right that BPA is still to set up the appeal panel? Anyone knows? Because without it the old rules still apply.

[alham]

Re: Parking Eye

Totally. What I am referring to is enforcement AGAINST the registered keeper NOT the driver as before the 1st.

[bluebottle]

Re: Parking Eye

If you are referring to the parking fee, I would agree. They cannot, however, enforce any charge which amounts to a penalty.

[alham]

Re: Parking Eye

I agree with you labman and BB but to enforce the parking under Protection of freedoms act the company MUST be a member of BPA.

[bluebottle]

Re: Parking Eye

Basically, Labman, they can only recover what they have actually lost. Under Civil Litigation Law, you can only be put in the same position you were in before an alleged tort took place. If you've lost zilch, zilch is what you are entitled to claim. If a PPC has not charged any parking fee, they have incurred no loss. Therefore, they are not entitled to a penny.

Consequential Loss would normally be taken to mean any losses incurred as a consequence of any alleged tort. It therefore follows that if a PPC is entitled to a parking fee of, say, for example, 2 hours @ £1.20 per hour, total £2.40, they would be entitled to recover that, as a contract would exist. They would also be entitled to recover any recovery costs, but would have to restrict such costs to what it actually cost them. As you quite rightly state, they are not allowed to make a profit.

Re: Parking Eye

The words, "Consequential Loss" spring to mind BB, I'm sure you'll agree. I've been trying to find out how anything can be enforced for free retail parks, and many are free as a condition of the planning permission.

There's also still an argument about formation of contract. Much confusion still remains, but I believe the legislation is clear that they cannot make a profit from you, and any charge must be proportionate.

[bluebottle]

Re: Parking Eye

From what I have read in the Protection of Freedoms Act 2012, a PPC can only enforce a parking fee, e.g. £1.00 for 1 hour's parking. If the charge they are making is a penalty, they can go swivel. They also have to jump through a number of legal hoops which are there to stop them ripping-off motorists.