Private Parking Charge

[Jon Snow]

Hi,

I'm new to the site having been referred from a friend. I'm seeking advice regarding receiving what I perceive as a disproportionate parking fine near to Luton Airport at a nearby Hotel. I have received a charge of £100 for 30 minutes stay. Any advice to appeal the decision would be greatly welcomed as I have mixed feedback from friends as to either pay or ignore the charge.

Thanks,

[charitynjw]

Re: Private Parking Charge

Hi & welcome to LB.

Is it a private parking charge, or is it a penalty charge notice?

Either way, the advice to ignore is no longer good advice.
Many parking management co's are going down the legal route nowadays.

[Jon Snow]

Re: Private Parking Charge

Hi,

It's from a company called "Parking Eye" and is titled a Parking Charge Notice and later refers to it as a "Parking Charge Amount £100).

Thanks

[charitynjw]

Re: Private Parking Charge

Ok.

PE are normally pretty compliant with current law concerning parking on private land.
Could you post up the Notice to Keeper (front & back - obscure personal details but leave dates visible).
Also the name of the hotel if poss.
Don't suppose you have any pictures of the site signage?

[Jon Snow]

Re: Private Parking Charge

Please see attached photo of the Parking charge received. I do not have any details of the signage around the hotel.

Thanks

[charitynjw]

Re: Private Parking Charge

If this was via ANPR or similar (ie, no windscreen Notice to Driver at the time), they are well outside the 14 day deadline for serving a Notice to Keeper.
Do not 'out' the driver.
Contact them as registered keeper to deal with the driver only, as they are barred by legislation from transferring liability via Sch 4, Protection of Freedoms Act 2012.

[Jon Snow]

Re: Private Parking Charge

Hi,

Thanks for this. I'm getting a lot of opinion to just completely ignore the parking fine with various people saying that private companies do not bother to chase. I'm split between ignoring and hope it goes away vs respond with your above advice.

Which do you feel I would have more success with?
Thanks

[charitynjw]

Re: Private Parking Charge

As long as you do not 'out' the driver you should respond via the appeals process.

That way if they were idiotic enough to try & pursue it you'd have a good case for claiming unreasonable costs.

It really is not a good idea to ignore these speculative parking claims nowadays.

[ostell]

Re: Private Parking Charge

Is this a hired car?

PE are, unfortunately, one of the companies that will proceed to court so ignore is not advised

[Jon Snow]

Re: Private Parking Charge

The vehincle is a lease car.

The date of issue is 28 days after the logged event. Should the keeper appeal on grounds that this is not within the 14 days in which it should be submitted as it was captured via a ANPR?

Could they pursue on grounds of trespassing if no evidence of a parking ticket can be supplied?

[ostell]

Re: Private Parking Charge

As it's a hire car the 14 days do not apply to your notice as they have to contact the hire company first to get the address of the hirer and then they have extra time to get the notice to you.

However.... With your Notice to Hirer did you also receive copies of the hire documents that were signed at the time of hire and the original NTK? Most parking companies manage to miss these. The documents are required under POFA to be able to hold the keeper/hirer liable, 14 (2) (a). Here's POFA If this is the case then you just tell them that they have failed POFA and cannot hold you, the keeper/hirer liable and go away and don't write to me again.

Only the landowner can take action for trespass. PE are not the landowner.

[Jon Snow]

Re: Private Parking Charge

Hi,

The car is a lease car, not a hire car. Does any of the above still apply?

Thanks

[ostell]

Re: Private Parking Charge

Who holds the V5 for the vehicle, ie who is the registered keeper? If you don't then it applies. If you do then the 14 day rule applies.

[Jon Snow]

Re: Private Parking Charge

That's a good question. Having looked at the parking charge it does not list a specific persons name, its addressed to the company that lease the car.

The car is under a 3 year lease, so i assume the lease company hold the V5 for the car. I'm not aware of the notice to hire documents as would have been agreed at head office. I could try and find out but suspect it would have listed the POFA details.

[ostell]

Re: Private Parking Charge

OK, I'm getting confused. Did you receive a Notice to Keeper/hirer addressed to you personally. If not who (without naming names). If this addressed to a company then even better. Did the company forward it on to you?

Or is this the original NTK forwarded to the person who is paying for the lease by the company that leased out the car?

There's so many permutations