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Back in January I parked in a car park in Gosport (I'm from Scotland) whilst staying with friends, 3 months later I receive a letter from Parking Eye stating that they are going to take me to court if I do not pay £85 within 2 weeks. I write them back saying that this is the first letter I have from them, it contains no evidence or even states how long I parked there for and as such wished to appeal.
They wrote back declining the appeal, not providing any of the evidence and again said I had two weeks to pay or they would take me to court.
I wrote back a second time demanding an appeal as they still had no provided any evidence, and they actually provided me with the popla details.
So Two months ago I put in my appeal stating they have not provided any evidence to me confirming it was my vehicle or how long it was in the car park, I also stated that I had been in that car park twice that day dropping friends off.
Whilst the appeal was in, a month ago, Parking Eye also sent me a copy of what they had submitted to Popla and it included photos of my car and times, so they first time I saw any 'evidence' was 6 months after.
I have attached their reasons for refusing the appeal below.
So I am loathed to actually pay this as I can barely afford bills at the moment, anyone got any experience or suggestions?
It is the Operator’s case that a parking charge notice was correctly issued, giving the reason as the Appellant overstayed the permitted 2 hour free maximum period by ** minutes. The Operator submits that a parking charge is now due in accordance with the clearly displayed terms of parking which state that, if the terms or conditions are breached a parking charge will be imposed.
It is the Appellant’s case that they made two visits to the car park. They left and came back in order to collect and drop off friends of theirs.
The onus is on the Operator to demonstrate, on the balance of probabilities, that the Appellant breached the terms of parking by remaining in the car park for longer than the 2 hour time limit. The Appellant has produced time and date-stamped photographs of the Appellant’s vehicle which show that the vehicle entered the site at ****, and left at ****.
The Appellant submits that they made an initial visit to drop off some of their friends, then left, followed by a second visit where they dropped off some more friends. No evidence of this has been provided, as such I on balance I find in favour of the Operator on this issue.
Whilst I am sympathetic to the Appellant’s submissions that they state they did not receive the initial letter from parking eye, I cannot take any mitigating circumstances into account. This is at the Operator’s discretion, and unfortunately on this occasion they have decided not to exercise this discretion.
Taking together all of the evidence before me, on this occasion I am minded to accept the Operator’s evidence that the vehicle remained in the car park for longer than the maximum stay permitted.
I find that, by overstaying the permitted parking period, the Appellant became liable for a parking charge notice, in accordance with the terms of parking displayed.
Accordingly, I must refuse the appeal.
Back in January I parked in a car park in Gosport (I'm from Scotland) whilst staying with friends, 3 months later I receive a letter from Parking Eye stating that they are going to take me to court if I do not pay £85 within 2 weeks. I write them back saying that this is the first letter I have from them, it contains no evidence or even states how long I parked there for and as such wished to appeal.
They wrote back declining the appeal, not providing any of the evidence and again said I had two weeks to pay or they would take me to court.
I wrote back a second time demanding an appeal as they still had no provided any evidence, and they actually provided me with the popla details.
So Two months ago I put in my appeal stating they have not provided any evidence to me confirming it was my vehicle or how long it was in the car park, I also stated that I had been in that car park twice that day dropping friends off.
Whilst the appeal was in, a month ago, Parking Eye also sent me a copy of what they had submitted to Popla and it included photos of my car and times, so they first time I saw any 'evidence' was 6 months after.
I have attached their reasons for refusing the appeal below.
So I am loathed to actually pay this as I can barely afford bills at the moment, anyone got any experience or suggestions?
It is the Operator’s case that a parking charge notice was correctly issued, giving the reason as the Appellant overstayed the permitted 2 hour free maximum period by ** minutes. The Operator submits that a parking charge is now due in accordance with the clearly displayed terms of parking which state that, if the terms or conditions are breached a parking charge will be imposed.
It is the Appellant’s case that they made two visits to the car park. They left and came back in order to collect and drop off friends of theirs.
The onus is on the Operator to demonstrate, on the balance of probabilities, that the Appellant breached the terms of parking by remaining in the car park for longer than the 2 hour time limit. The Appellant has produced time and date-stamped photographs of the Appellant’s vehicle which show that the vehicle entered the site at ****, and left at ****.
The Appellant submits that they made an initial visit to drop off some of their friends, then left, followed by a second visit where they dropped off some more friends. No evidence of this has been provided, as such I on balance I find in favour of the Operator on this issue.
Whilst I am sympathetic to the Appellant’s submissions that they state they did not receive the initial letter from parking eye, I cannot take any mitigating circumstances into account. This is at the Operator’s discretion, and unfortunately on this occasion they have decided not to exercise this discretion.
Taking together all of the evidence before me, on this occasion I am minded to accept the Operator’s evidence that the vehicle remained in the car park for longer than the maximum stay permitted.
I find that, by overstaying the permitted parking period, the Appellant became liable for a parking charge notice, in accordance with the terms of parking displayed.
Accordingly, I must refuse the appeal.
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