Parking eye enforcement

[bluebottle]

Re: Parking eye enforcement

That's okay, LM.

If there is a Pay & Display scheme in operation and the motorist overstays or fails to pay the requisite parking fee, then, a contract exists because parking is subject to paying a parking fee. However, the PPC can only enforce the parking fee and and any reasonable administration costs relating to its recovery, but not any charge that is or which appears to be a penalty charge. If parking is free of charge, then the PPC and landowner would have to prove actual loss has been suffered. I doubt very much whether a court would wear a landowner going into court demanding their pound of flesh and not having suffered any loss at all. Remember that Dunlop Pneumatic Tyre Co. -v- New Street Motor & Garage Co [1915] applies in such cases.

[alham]

Re: Parking eye enforcement

Your Honour, contractual consideration for supply of services means either a payment by land owner to PPC for provision of service and/or a parking ticket (with money going to the PPC) or a reasonable fee incurred in recovering unpaid parking ticket. If no one overstays than does it mean that PPC never gets paid? If NO than it is a penalty for breach of contract. In my humble opinion this point was badly argued in cases where PPC won.

[alham]

Re: Parking eye enforcement

Oops, it appears that I was posting at the same time as bluebottle

[bluebottle]

Re: Parking eye enforcement

Usually what happens is that the PPC operates the Pay & Display and the landowner gets a cut of the gross takings. However, if a motorist fails to pay or overstays and does not pay the difference, that is the only contract that can be enforced. Any attempt to enforce any penalty charge would be unlawful and, potentially, illegal. Only local authorities can impose penalty charges under statutes and statutory instruments.

In cases where PPCs have won in regard of their penalty charges, it is either a case of default judgements or the PPC and their legal advocate misleading the court. There can be no other explanation.

[labman]

Re: Parking eye enforcement

Thank you both - I just wanted everyone to understand the arguments, and sometimes, pointing out an apparently plausible opposing argument helps to do this.

Jury is dismissed with thanks! lol

[bluebottle]

Re: Parking eye enforcement

You're welcome, LM.

[Talkinman]

Re: Parking eye enforcement

The saga continues. I am at present away from home so have only seen this letter on an email.
The mail is from an "enforcement agency" and states that as I have not even acknowledged any of the correspondence from "Parking Eye" they are giving me one last chance to pay the £100 parking charge, If I do not pay within 14 days then they will have no alterative but to advise their clients (the landowners) of the situation and this may result in them refering this to their solicitors which could have an adverse effect on my credit rating if I am taken to court. It looks to me like all your predictions are coming true and after about 2 months they have reached step 2.
I presume that step 3 will be a letter from a Solictor? Does anyone know if this will be a solicitor or as I suspect another mail from the same office?

[bluebottle]

Re: Parking eye enforcement

What sort of "enforcement agency" are they and what is the name of this "enforcement agency"? I'd like to check these parasites out.

[Talkinman]

Re: Parking eye enforcement

I have used the wrong language to describe the letter senders, I should know better !!
The people who sent the letter are "Debt recoverery plus Ltd" They describe themselves as recovery investigation and Bailiff services.
Sorry for any confusion.
The outstanding ammount is now £150.
www.debtrecoveryplus.co.uk/ is the web address quoted.

[bluebottle]

Re: Parking eye enforcement

I roared with laughter when I saw the Google page the link goes to. The first two links are a sort of Debt Recovery Plus "...and this is what we do", followed by, at the third link, "...and this is our nemesis." The third link goes to Pepipoo.

[bluebottle]

Re: Parking eye enforcement

I have used the wrong language to describe the letter senders, I should know better !!

Yes, you should! The correct term to use is "Parasites". :biggrin1:

[Talkinman]

Re: Parking eye enforcement

Just got another letter almost exactly like the last one only pointing out that my credit rating may be in danger of being effected if I dont pay! I am getting heartily sick of these ppl now. How long will these threats go on does anyone have any sugestions on this?

[labman]

Re: Parking eye enforcement

I had a chain of about 6 letters. If you go onto MSE, they have copies of the entire chains of letters for most companies - maybe worth a look.

[leclerc]

Re: Parking eye enforcement

I had a chain of about 6 letters. If you go onto MSE, they have copies of the entire chains of letters for most companies - maybe worth a look.

Completely off topic but nice to see you about again, Labman, it's been a while

[labman]

Re: Parking eye enforcement

Thank you - I had an enforced absence looking after a rather ill and very elderly Dad. There was no reliable broadband where I was. Anyway, back to annoy everyone again now, though there'll still be a few absences from time to time.