Parking Eye

[bluebottle]

Re: Parking Eye

Unless PE or the landowner can prove they have suffered a quantifiable loss, they are not entitled to a penny, as the faux PCN is, basically, a penalty, which the law does not allow. PE would have difficulty trying to prove the existence of a contract and I doubt very much they could rely on the tort of trespass as that is difficult to prove without jumping through a lot of hoops.

[labman]

Re: Parking Eye

Unless PE or the landowner can prove they have suffered a quantifiable loss, they are not entitled to a penny, as the faux PCN is, basically, a penalty, which the law does not allow. PE would have difficulty trying to prove the existence of a contract and I doubt very much they could rely on the tort of trespass as that is difficult to prove without jumping through a lot of hoops.

..... unless of course you send a cheque in F&F!

You don't have to spend, they can't force you to. Purchasing something just gives them a possible way in, so my opinion is to ignore 100%.

[alham]

Re: Parking Eye

I bow to superior reasoning.

[labman]

Re: Parking Eye

I bow to superior reasoning.

Your reasoning is extremely valid at times Alham - had he spent money during the time there, and possibly overstayed, yours could have been exactly the way forward. :beagle:

[bluebottle]

Re: Parking Eye

Saw Nobby the Gnome lurking about at Morrisons today. I am just waiting for him to open his mouth and say the wrong thing. I think he's more likely to get impaled by his bum on a concrete bollard and have a fishing rod shoved in his hands that go for a ride in a police car. Though I think the boys and girls in blue would, privately, like to mount Nobby on a concrete bollard.

[Slownsteady]

Re: Parking Eye

So here's a slightly new perspective - or at least I think it is having scanned as much of this very encouraging forum as possible.

I have a notice from these shady douche-bags and it doesn't even clearly show the number plate on my car - let alone exactly where the car is. The picture could have been taken anywhere. There appears to be no serial number that goes with the camera at all - and anyone could adjust the time stamp if they really wanted to. It only seems right that the individual camera's should be licensed if they're going to be used in this way.

All this is after a visit to (un)Welcome Break Michaelwood South Services near Bristol - where parking is free for two hours. Apparently I stayed for 2hrs 33 mins and they want to rinse £100 out of me which could be reduced to £60 if I bend over and take it up the hoop as a show respect and remorse. Hell, why don't I barter with them and see if they'll meet me at £50 if I supply the lubricant as well!

So...

*How can Parking Eye even prove the picture was taken at these services? - I don't remember! They're ineligible anyway (at least the copy they sent me).
*£100 is about as disproportionate as Jimmy Carrs tax bill versus his wealth when the published parking fee is £10 - not that I saw it.
*At that time of the evening it was very dark and dingy and certainly signs were not obvious.

My understanding of the new regs is that PE and others can't claim more than they lost out on - in which case they can have a tenner at best (the fee for 24hrs parking) and I'll send them a new envelope with a stamp with which they can send me a letter of apology for trying to continue their scam with total disregard the new October law. If they don't recognise that legislation - why should I recognise their Mickey-mouse contract?

To appeal or ignore - that is the question... or appeal and then ignore when they reject my offer of the parking fee?

Any further advice, based upon the October legislation/POPLA will be most welcome. Thanks to all and strength to all on this forum... unless your lurking from Parking Eye in which case you despicable Cyclops b@5t4rd... swivel!

E

[wales01man]

Re: Parking Eye

Slownsteady
Funny post well stated are you gonna formally send them the offer to reduce it to £50
LOL

[bluebottle]

Re: Parking Eye

So here's a slightly new perspective - or at least I think it is having scanned as much of this very encouraging forum as possible.

I have a notice from these shady douche-bags and it doesn't even clearly show the number plate on my car - let alone exactly where the car is. The picture could have been taken anywhere. There appears to be no serial number that goes with the camera at all - and anyone could adjust the time stamp if they really wanted to. It only seems right that the individual camera's should be licensed if they're going to be used in this way.

All this is after a visit to (un)Welcome Break Michaelwood South Services near Bristol - where parking is free for two hours. Apparently I stayed for 2hrs 33 mins and they want to rinse £100 out of me which could be reduced to £60 if I bend over and take it up the hoop as a show respect and remorse. Hell, why don't I barter with them and see if they'll meet me at £50 if I supply the lubricant as well!

So...

*How can Parking Eye even prove the picture was taken at these services? - I don't remember! They're ineligible anyway (at least the copy they sent me).
*£100 is about as disproportionate as Jimmy Carrs tax bill versus his wealth when the published parking fee is £10 - not that I saw it.
*At that time of the evening it was very dark and dingy and certainly signs were not obvious.

My understanding of the new regs is that PE and others can't claim more than they lost out on - in which case they can have a tenner at best (the fee for 24hrs parking) and I'll send them a new envelope with a stamp with which they can send me a letter of apology for trying to continue their scam with total disregard the new October law. If they don't recognise that legislation - why should I recognise their Mickey-mouse contract?

To appeal or ignore - that is the question... or appeal and then ignore when they reject my offer of the parking fee?

Any further advice, based upon the October legislation/POPLA will be most welcome. Thanks to all and strength to all on this forum... unless your lurking from Parking Eye in which case you despicable Cyclops b@5t4rd... swivel!

E

In some cases, it can be less than a tenner. And you are absolutely right in your understanding of the Protection of Freedoms Act 2012. PE are known for misrepresenting Section 9 of the Act.

[labman]

Re: Parking Eye

To appeal or ignore - that is the question... or appeal and then ignore when they reject my offer of the parking fee?

Personal opinion - ignore!

Just be ready to ignore the letters that will surely follow as well.

[footylad75]

Re: Parking Eye

Just received one of these parking charge notices for going over the free parking limit at a shopping centre car park. The thing is on the day of the alleged crime, I left the car park soon after arriving and then returned later, but there so called photo's show me arriving the first time at 11:25 then leaving the second time at 16:49 ! also having read the new regualtions from the government it states that the land owner can only apply to DVLA for the RK's details.....are Parking Eye the land owners I wonder ? also the regulations state that the date and time of issue must be on any " Charge Notice" however I see from the letter I received it only shows the date of issue, which was 4 days after the alleged offence.

Should I just ignore these threats ? or do they now have new powers.

[labman]

Re: Parking Eye

Have a read of the information in here. It will tell you all you need to make an informed decision:

http://www.legalbeagles.info/forums/...rking-Offences

[footylad75]

Re: Parking Eye

Thanks for that, think like the many others on here I will just ignore it.

[labman]

Re: Parking Eye

Expect a few increasingly nasty letters, but don't be scared of them and give in. Do you mind keeping us updated please, as since the law change it's good to know how people get on, which firms send which letters etc....

[prazey]

Re: Parking Eye

Hi, i too have now recieved a ParkingEye notice, however, i wish to get some advice, the letter was sent to me with my name mis-spelled, looking at my V5 reg document DVLA have also mis-spelled my name,
I have now written to DVLA to inform them of the error, but, where do i stand with regard to the notice sent by PE as it is addressed to a non existant person at my address?, can i ignore all further letters as they are not officially mine?

thanks

[alham]

Re: Parking Eye

Ignore them as per reasons above. However, it is your responsibility to make sure that ALL information on V5 is correct otherwise, theoretically, you can be prosecuted.