Parking eye fine

lawabidingcitizen1 · 16 May 2012 at 11:26AM

ozzy589 wrote: »

My wife has recieved a parking fine from Parking Eye. It is for an overstay in an retail park on a Sunday at 1800! The paperwork does not give the full address of the retail park, and we were with friends of ours who stayed the same length of time but have not recieved fines. Does anyone think I have grounds for an appeal? I ask because we have just recieved the final notice for payment and I'm unsure what to do next.

Thanks, Ozzy

Be careful. If they decide to pursue, then you will liable for late payment charges, baliff fees and court costs.

Trebor16 · 16 May 2012 at 11:41AM

lawabidingcitizen1 wrote: »

Be careful. If they decide to pursue, then you will liable for late payment charges, baliff fees and court costs.

Be careful to ignore this poster as he clearly doesn't know what he is talking about.

give_them_FA · 16 May 2012 at 12:12PM

He is unable to even spell the word bailiff. Par for the course for a disinformation troll.

Stephen_Leak · 16 May 2012 at 12:21PM

lawabidingcitizen1 wrote: »

Be careful. If they decide to pursue, then you will liable for late payment charges, baliff fees and court costs.

Post reported.

Now, the real legal situation.

Any warning signs are usually so badly positioned and worded, that they won’t have created a fair and legally binding deemed contract between the car park owner and the driver in the first place. (The Unfair Contract Terms Act 1997.)

Even if there is a contract, all the car park owner can claim from the driver in damages for any breach of contract is what they’ve lost as a result. If this is a free car park or they paid, this is £0.00. By asking you for more, which is unreasonable, it’s become an unfair contract penalty, which is not legally enforceable. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914.)

Under various legislation, only councils, the police, train operators and Transport for London can impose legally enforceable fines or penalties. Private parking companies can't.

Despite all of this, private parking companies believe that their signs create a fair and legally binding deemed contract between the car park owner and the driver, that their demands are their losses and not fines or penalties, that these are reasonable, and that they are legally enforceable.

For reasons best known to themselves, PPCs have rarely taken people to court. Here are the latest ones I know of ...

UK Combined Parking Solutions vs. Murphy, Burnley, 2012, 1QZ30035. The judge told the PPC that their demands were unreasonable, were therefore an unlawful contractual penalty and found in favour of the driver.

Parking Eye vs. Smith, Manchester, 2011, 1XJ81016. The judge told the PPC that their demands were unreasonable, were therefore an unlawful contractual penalty and found in favour of the driver. As they were unpaid, he awarded the PPC the parking charges of £15.00, not the £260.00 penalty. He also awarded them costs of just £95.00, not their claimed £4,457.20.

Please note the mention of bailiffs. For things to actually get to this stage, the PPC would have to take you to court, win the case and then you’d have to refuse to pay. After 28 days a CCJ would be issued and the bailiffs would be appointed, both by the court.

There is, of course, one fatal flaw in this plan. A blackmailer couldn't sue their victim if they didn’t pay.

jb1001 · 2 August 2012 at 9:42PM

Hi, I wondered if anyone had any advice for me...

I received a parking fine from parking eye for staying in a service station for more than two hours. As I was genuinely ill I appealed against this, however from reading others advice I arealise I may have been better to just ignore.

By appealing I have, in a sense, admitted that it was me driving the car.

I will be away during the qualifying period and they have not replied to my appeal. What should I do? Thanks in advance

BASFORDLAD · 2 August 2012 at 9:47PM

Nothing!, ignore from now on

bondy_lad · 2 August 2012 at 9:47PM

heres what to, listen carefully,,IGNORE,,,there you go, jobs a good innit,nothing will/can happen to you as a result of your FAKE ticket/invoice.parking spy are well known on here.ignore everything on or on behalf of them you recieve, as they are all part of the SCAM.

Half_way · 2 August 2012 at 9:48PM

Welcome to MSE

It may help to start a new thread for each case

It makes absolutly no difference who was driving the car, and in my opinion the "I wont tell them who was driving" is a poor excuse, unless you genuinly were not the driver, lying gets you no where.

more importantly as said above it makes absolutly no difference who was driving, why? because the whole thing is un enforcable, and they have absolutly no grounds to go after you.

jb1001 · 2 August 2012 at 10:02PM

Thanks guys, so by responding I haven't affected the situation? I wondered if that would make a difference?

NOt looking forward to the scary letters even if they are fake...!

Stephen_Leak · 2 August 2012 at 10:02PM

Ignore the PPC, but I'd write to the service station and ask if they would've preferred you to drive on after 2 hours, not fully recovered and had an accident?

Have a look at the PE letters on the sticky thread, and scare yourself !!!less in one go, before they arrive in the post.

Parking eye fine

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