Hi there! --- Parking Eye Parking Charge Notice for being in carpark for only 5 mins

[Brockers]

Hi All,

I would like to know whether its worth challenging this one at all!

On the 29/09/20 the driver of my vehicle was driving near the Lido Car Park 2 and pulled into this completely empty car park which looked more like waste ground than a car park, after few mins they were back on the road again (5mins according to parking eye ticket).

I received the Parking charge notice last Friday 13th! despite the offence occurring back on 29/09/20 - Please see attached redacted parking charge notice.

The driver didn't recall seeing any signs upon entry to the car park stating they will be charged straight away or within 5mins, albeit the driver was turning off a busy main road into the car park so reading signs whilst driving at this time would be a challenge considering having to be mindful of other traffic and pedestrians.

Parking eye appear to be a member of the British Parking Association which have the below parking code but whether this is optional for parking eye as they are a private car park I'm unsure.

Consideration and Grace Periods

13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

The driver accepts he pulled into private land but it wasn't by choice but necessity and would be happy to pay for the time he was there but to be fined £100 is a bit over the top, I would appreciate any recommendations before I try appealing to Parking eye through their online appeals process.

Many thanks

[ostell]

Edit your post so that the identity of the driver cannot be inferred, use "the driver ......" etc. The driver dove and parked, the keeper is now handling.


Dear Sirs,

I have just received your Notice to Keeper No. xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


They know they made a mistake as there is no POFA statement on the reverse

First class post with a free certificate of posting from any post office.

If they reject then an appeal to POPLA should be successful.

P.S. It's not a fine, it's a sum agreed for breach of contract.

[Brockers]

Hi All,

I would like to know whether its worth challenging this one at all!

On the 29/09/20 the driver of my vehicle was driving near the Lido Car Park 2 and pulled into this completely empty car park which looked more like waste ground than a car park, after few mins they were back on the road again (5mins according to parking eye ticket).

I received the Parking charge notice last Friday 13th! despite the offence occurring back on 29/09/20 - Please see attached redacted parking charge notice.

The driver didn't recall seeing any signs upon entry to the car park stating they will be charged straight away or within 5mins, albeit the driver was turning off a busy main road into the car park so reading signs whilst driving at this time would be a challenge considering having to be mindful of other traffic and pedestrians.

Parking eye appear to be a member of the British Parking Association which have the below parking code but whether this is optional for parking eye as they are a private car park I'm unsure.

Consideration and Grace Periods

13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

The driver accepts he pulled into private land but it wasn't by choice but necessity and would be happy to pay for the time he was there but to be fined £100 is a bit over the top, I would appreciate any recommendations before I try appealing to Parking eye through their online appeals process.

Many thanks

Thanks for your response I have one last question, do I need to add "Without prejudice, except as to costs" above before sending to their appeals department address?

Many Thanks

[ostell]

For why should you be adding that? You're not making an offer and you would want to show it to the judge to show you were being reasonable.

Do you understand what it means even?

[Brockers]

For why should you be adding that? You're not making an offer and you would want to show it to the judge to show you were being reasonable.

Do you understand what it means even?

Thanks Ostell for your response and help to date, Sorry it's the first time I'm challenging one of these tickets and I was just under the impression it was used in most correspondences with these firms so if appeals failed and it went to court they couldn't use it against you? but the points you outlined are all valid and only implicate themselves.

[ostell]

Thanks Ostell for your response and help to date, Sorry it's the first time I'm challenging one of these tickets and I was just under the impression it was used in most correspondences with these firms so if appeals failed and it went to court they couldn't use it against you? but the points you outlined are all valid and only implicate themselves.

It is usually used when you are making offers but don't want the offer to be binding on you but if the case results in you winning at about that award then it allows you to claim extrra costs because matters could have been concluded earlier at less expense all round.

Best not to tweak any responses given by the regulars, they are finely tuned and any alteration could result in the intended meaning disappearing.

[Brockers]

Hi All,

I received a Parking Charge Notice Reminder today from Parking Eye looks to be in same format but with just reminder added at the top, I'm little confused as I sent them the above POFA letter on the 19/11/20 so are they trying their luck one last time or have they not received it?

Should I ignore the reminder or send again but recorded with evidence it was sent previously?

How long does parking eye have to respond and what should I do if they don't respond?

Many Thanks

[ostell]

So write to them again and remind them of the appeal you sent on xxxxx which they haven't bothered to reply to. And here is the proof of posting.

See what happens. Now you see why a certificate of posting is suggested

[Brockers]

So write to them again and remind them of the appeal you sent on xxxxx which they haven't bothered to reply to. And here is the proof of posting.

See what happens. Now you see why a certificate of posting is suggested

Thanks Ostell indeed a great idea and luckily I took your advice, I sent another letter today and tried to send recorded but couldn't as they use a POBOX how fortunate for them!

[ostell]

No, not recorded, they can refuse to sign for something which is probably not good news for them

[Brockers]

Hi All,

I received a response today from Parking Eye regarding my appeal which funny enough has been rejected without much explanation concerning the POFA failure that I brought to their attention.

Are the next steps POPLA Appeal? if so is there any templates or particular process needed to follow for an appeal?

They have also kindly offered to give me another 14 days to pay at the reduced rate!

Many Thanks

[Brockers]

Hi,

Is there any templates for POPLA appeal on grounds of POFA?

Thanks

[ostell]

Most POPLA appeals are for POFA fails. Search on here or in the pepipoo parking forums.

[ostell]

Put some meat on the following points

You are submitting the appeal as the keeper of the vehicle in question

you complain about the lack of visible signage

You complain about the right to operate in the car park and required site of their contract with the landholder that permits them to operate

You complain that they have not operated in compliance with the BPA Code of Practise Section 13.1 which permits a grace period of 5 minutes to decide whether to accept the contract or not.

You complain that they have failed to identify the driver at the time and they must comply with the requirements of POFA to be able to hold the keeper liable

They have failed to comply with POFA by not delivering the notice to keeper within the relevant period of 14 contrary to paragraph 9 (4) and therefore the appellant, as the keeper, cannot be held liable

[Brockers]

Put some meat on the following points

You are submitting the appeal as the keeper of the vehicle in question

you complain about the lack of visible signage

You complain about the right to operate in the car park and required site of their contract with the landholder that permits them to operate

You complain that they have not operated in compliance with the BPA Code of Practise Section 13.1 which permits a grace period of 5 minutes to decide whether to accept the contract or not.

You complain that they have failed to identify the driver at the time and they must comply with the requirements of POFA to be able to hold the keeper liable

They have failed to comply with POFA by not delivering the notice to keeper within the relevant period of 14 contrary to paragraph 9 (4) and therefore the appellant, as the keeper, cannot be held liable

Thank you very much greatly appreciated.