BPA ParkingEye PCN. Can Anybody Help?

[320Brett]

Hello Everyone,
I'm hoping for a bit of expert help. We have a PCN from ParkingEye (still within the 14 days at present). Unfortunately the driver didn't see any of the notices relating to the parking control. They are all along the rear of the car park but not at the front. It's possible to reverse into a space facing the front of the car park (as the driver did) and not see a notice. However I'd be more confident if ParkingEye could be challenged on anything relating to the PCN paperwork itself.
I have attached the PCN and a view of the parking space that the driver parked in. No signs are visible along that side of the perimeter. It was a Sunday and the driver didn't realise that using the car park required payment.
Any help or advice would be gratefully received. Many thanks in advance.

[NormanMcLeod]

Very similar circumstances in Hughes Electrical, Redditch - 1hr30m free. I was 13 minutes over due to being delayed at opticians. Although signs are within park nothing is at entrance to car park which is in breach of February 2022 BPA Code of Practice which Parking Eye claims to comply with but uses 2015 Code when trying to con members of public out of money. The legislation of March 2019 has been applied by Public Authorities, but these cowboys have decided to apply for a judicial review opposing the law. They have not realised that they cannot do so until the law is in force applied to Private Parking Operators. Additionally,you should be entitled to details of the contract between the Operator and Landowner - declined in my case by PE, Hughes and POPLA, the so called independent arbitration service wholly funded by BPA - It should be pointed out that BPA members make millions each year from this disgraceful business £13.8m in the case of PE in 2018.

MSE has forum on the subject: "Forum regulars contributed weighty replies to the two Government Consultations on the Parking (Code of Practice) Act 2019 last year and the year before. Senior forum regular contributors @Coupon-mad and @bargepole have been members of the DLUHC Steering Group for many months, culminating in the drafting of the final Code of Practice. Both appeared in the Channel 5 'Parking, the Great Con'. A dozen or so regulars are here every day of the year helping thousands of motorists affected by the blight of the private parking sector to fight their parking charges."

Also Daily Mail: 04/06/22: {http://www.dailymail.co.uk/news/arti...es-100-50.html and www.dailymail.co.uk/news/article-7320595/Private-parking-firms-raking-huge-profits.html}

[ostell]

There was a sign at the entrance informing drivers that it was a private car park and conditions applied. It made mention of the full conditions that were posted within the car park. I would say pay the reduced charge.

[NormanMcLeod]

There was a sign at the entrance informing drivers that it was a private car park and conditions applied. It made mention of the full conditions that were posted within the car park. I would say pay the reduced charge.

Ostell: Whose side are you on? It's now far too late because the "reduced" charge would no longer be applicable under the terms invented by the parking operator. I paid £25 after appeal refused twice but have still received threat of Court. below is mail written today to CEO ParkingEye:

Sir

This is in response to a recent communication signed by J.M Squiggle - not even capable of identification - dated 26 May 2022. You should be made aware of the actions of members of your staff when dealing and threatening members of the public who have been deemed to break the conditions of presumed contract existing between clients of your company and yourselves. After protracted correspondence explaining the circumstances of my overstaying by 17minutes in the free car park adjacent to Hughes Electrical Redditch, and having had appeals rejected by both yourselves and the wholly funded non-independent adjudication service POPLA, I have now received the threat of County Court Action. In my last letter and evidence I enclosed £25 in full and final settlement as detailed in the legislation given Royal Assent in March 2019. To this date I have received no acknowledgement of this payment. The legislation will be finalised for acceptance by all BPA operators in due course, and has already been agreed by operators of Public parking facilities. In February 2022 BPA published a revised Code of Practice for members and this outlines conditions which companies such as yours are required to comply with. In the Letter Before County Court Claim reference is made to to guidelines set out by BPA (2015) which are out of date, and a Supreme Court judgement handed down on 4 November 2013 - supremecourt.uk/cases/docs/uksc-2013-0280-judgement.pdf, and also refers to an "Independent Appeals Service" which POPLA cannot be considered to be.


In my initial response to your "chargeable invoice" dated 9th March, I requested a copy of the contract between your company and the land owner with regard to this site, to which I am entitled in law, but was declined by both ParkingEye and Hughes Electrical. The Act published by the Secretary of State for the Department for Levelling Up, Housing and Communities - private-parking-code-of-practice will be adopted once the pending review of the levels of private parking charges and additional fees has been completed (7th June 2022) which am sure you will be aware of. From the most recent information April 2022, I understand that you and other operators intend applying for a judicial review of this act which of course you are unable to undertake prior to the finalisation of the act.

There is no doubt that your company has the financial resources to bring this action whereas members of the public are individually unable to match the obscene income that ParkingEye and its co-operators are able to command, but I do think that the injustice of your existence should be subject to far greater control as indeed the legislation introduced by Sir Greg Knight and has been fully supported by Minister Neil O’Brien, Parliamentary Under-Secretary for Levelling Up, the Union and Constitution.

I am forwarding a copy of this text to Legal Beagles and MoneySupermarket who both have considerable entries related to the adtivities of organisations like yours.


I look forward to a further to your observations and a positive response cancelling past actions and threats from ParkingEye.

Norman McLeod

Grateful for any comments.