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Parkingeye Ltd

I got a parking charge ticket yesterday for STUPIDLY not displaying my Blue Badge whilst shopping in Asda. It was a complete oversight on both my wife and myself because usually we remind each other to display. We were parked about one-and-a-quarter hours in a Disabled parking place without displaying my Blue Badge. It was issued by Parkingeye Ltd.

I know it was my fault but the Parkingeye employee only had to look at my tax disc that is endorsed "disabled" to realise that I was in fact "disabled" and that I had genuinely forgotten to display my badge.

What I would like to know is, will I have to pay this charge of £60 reducing to £40 for early payment?

I have read on this forum that I will not have to pay but why would they threaten to get my details from DVLA if they were not serious about taking it further as they suggest and pay to get these details?

I was prepared to pay the charge to save any hassle but after reading the forum am having second thoughts.

Any advice would be appreciated - Thank you
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Comments

  • HO87
    HO87 Posts: 4,296 Forumite
    Hi, Ess

    Firstly, my sympathies that you are being picked on in this way.

    Secondly, and quite simply the BB scheme does not extend to private land and you should not feel that you have done anything wrong. If you or your wife are disabled within the terms of the Equality Act then you are entitled to reasonable adjustments and that would quite properly include having additional space to either side of your parked vehicle and easier and level access into the store.

    No private company has the authority in statute law to levy any form of fine on a private individual. In this case ParkingEye will allege that you have breached your contract with them in that you have failed to abide by the contents of their signs. Whether a contract actually existed and whether you have breached it is somewhat irrelevant. At best, even if PE were to prove a breach of contract, they can only seek recompense for their reasonable losses. As the car park is free then their losses or zero and their demand for £60 amounts to a contractual penalty which is not permitted at law.

    You owe them nothing and all you need do now is ignore all of their letters because, in the end, they will go quiet and move on to someone else they'll hope will pay up quickly.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Trebor16
    Trebor16 Posts: 3,061 Forumite
    Their "fine" is unenforceable and is a penalty and nothing more. They have no legal power to fine you or to penalise you financially.

    Their threat to go to DVLA is an attempt to impersonate authority and to scare people into paying up. Remember, they have no legal power to fine you so ignore them from now on.

    Please don't pay these scam artists as you don't owe them a penny.
    "You should know not to believe everything in media & polls by now !"


    John539 2-12-14 Post 15030
  • Ess
    Ess Posts: 21 Forumite
    HO87 wrote: »
    Hi, Ess

    Firstly, my sympathies that you are being picked on in this way.

    Secondly, and quite simply the BB scheme does not extend to private land and you should not feel that you have done anything wrong. If you or your wife are disabled within the terms of the Equality Act then you are entitled to reasonable adjustments and that would quite properly include having additional space to either side of your parked vehicle and easier and level access into the store.

    No private company has the authority in statute law to levy any form of fine on a private individual. In this case ParkingEye will allege that you have breached your contract with them in that you have failed to abide by the contents of their signs. Whether a contract actually existed and whether you have breached it is somewhat irrelevant. At best, even if PE were to prove a breach of contract, they can only seek recompense for their reasonable losses. As the car park is free then their losses or zero and their demand for £60 amounts to a contractual penalty which is not permitted at law.

    You owe them nothing and all you need do now is ignore all of their letters because, in the end, they will go quiet and move on to someone else they'll hope will pay up quickly.

    Thank you very much for your quick response. My wife and myself were worried in case we failed to pay the charge and things just snowballed. I will have to be more careful in future! Thanks again
  • Ess
    Ess Posts: 21 Forumite
    Trebor16 wrote: »
    Their "fine" is unenforceable and is a penalty and nothing more. They have no legal power to fine you or to penalise you financially.

    Their threat to go to DVLA is an attempt to impersonate authority and to scare people into paying up. Remember, they have no legal power to fine you so ignore them from now on.

    Please don't pay these scam artists as you don't owe them a penny.

    Thanks very much Trebor16 for your prompt advice, we are beginning to feel more confident now for when we start receiving their letters which we intend to ignore.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    edited 23 February 2012 at 1:11PM
    First and foremost : If you chose to pay please budget £170 not £60, as they will come back for more money in late payment charges, even if you do not pay them late.

    This is a scam that tiptoes around the edges of the law, the scam works by impersonating authority.
    they attempt to scare and fool you in to thinking they have some powers and authority when in fact they have none.

    What they have given you is not a parking ticket or a fine, it is an invitation dressed up to look like one.
    That invitation is inviting you to pay a invoice which they have sent, it is an invoice of increasing amounts if you dont pay.

    However that is all it can remain, a unsolicited invoice.
    They will make ever increasing threats, the impersonation will change characters from parking authority to solicitors, to debt collectors, to debt companies making threats to spotty teenagers calling you on your phone.
    They are allowed to buy your details from the DVLA, which is an OUTRAGE !

    The best advice in the house is to IGNORE, completely IGNORE them.
    If they were so stupid to attempt to sue you as they threaten, the disability act can be invoked and you would be able to claim substantial compensation.

    These companies target the elderly and disabled and you will be completely wasting your time trying to argue with them over your disabled tax disc, they already know and dont care, they just want your cash.
    Mine and other experts on private parking scams advice has saved motorists tens of thousands of pounds, please join them and ignore the parking company and its silly letters, bob back for reassurance at any time.

    Now, if what you purchased can be taken back, please do so and ask for a full cash refund and when it is in your hand ask to see the manager and inform him that this is what happens when you have crooks giving out fake parking tickets to disabled motorist, when they harp on that it is not their fault, just say, It is now ! goodbye I will spend my money where they are no scammers.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • vax2002
    vax2002 Posts: 7,187 Forumite
    edited 23 February 2012 at 1:28PM
    Just to add, if you visit this thread put together by
    Crabman :beer:

    https://forums.moneysavingexpert.com/discussion/2214803

    Scroll down to Parking eye, you can read the letters in advance they will send you and play snap.
    Knowing what to expect will ease your worry.

    The letters may have changed slightly, they have taken off the giro transcash payment because "someone" kept printing them by the dozen out and altering the amount to 1p and it was costing the £2.35 every time "someone" pulled the stunt on them to get 1p.
    In fact you need 17, to charge them a £40 fine !..:rotfl:
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Ess
    Ess Posts: 21 Forumite
    :A
    vax2002 wrote: »
    First and foremost : If you chose to pay please budget £170 not £60, as they will come back for more money in late payment charges, even if you do not pay them late.

    This is a scam that tiptoes around the edges of the law, the scam works by impersonating authority.
    they attempt to scare and fool you in to thinking they have some powers and authority when in fact they have none.

    What they have given you is not a parking ticket or a fine, it is an invitation dressed up to look like one.
    That invitation is inviting you to pay a invoice which they have sent, it is an invoice of increasing amounts if you dont pay.

    However that is all it can remain, a unsolicited invoice.
    They will make ever increasing threats, the impersonation will change characters from parking authority to solicitors, to debt collectors, to debt companies making threats to spotty teenagers calling you on your phone.
    They are allowed to buy your details from the DVLA, which is an OUTRAGE !

    The best advice in the house is to IGNORE, completely IGNORE them.
    If they were so stupid to attempt to sue you as they threaten, the disability act can be invoked and you would be able to claim substantial compensation.

    These companies target the elderly and disabled and you will be completely wasting your time trying to argue with them over your disabled tax disc, they already know and dont care, they just want your cash.
    Mine and other experts on private parking scams advice has saved motorists tens of thousands of pounds, please join them and ignore the parking company and its silly letters, bob back for reassurance at any time.

    Now, if what you purchased can be taken back, please do so and ask for a full cash refund and when it is in your hand ask to see the manager and inform him that this is what happens when you have crooks giving out fake parking tickets to disabled motorist, when they harp on that it is not their fault, just say, It is now ! goodbye I will spend my money where they are no scammers.

    Thank you Vax2002 for your very sound advice.

    I just can't understand why these people are actually allowed to get away with their underhand practices, and why isn't the government doing something about them?

    We initially were very worried about this ticket but we are gaining confidence all the time even though I am, in fact, a pensioner and disabled...and we will NOT be paying this charge!

    Thanks again; it's good there are people who give free advice on these forums, like yourself and others. It is very much appreciated.
  • I will add my twopennyworth to the boys' comments, all of which I endorse 100%. You will now get a series of letters designed to frighten and browbeat you into paying, with threats of court, bailiffs, etc., etc. That was the reason they got your address from DVLA. (Eternal shame on DVLA for taking their cut of this scam.) When P.E. don't get paid, they will pass it to a joke debt collector who will write you more letters. The amount demanded will go up, and you will be given deadlines before the matter is taken to Court. Ignore them, and the next letters will be from a fake firm of solicitors, who, if you look closely at the address, are the debt collector in disguise.

    The final phase will be when, having sent you all these scary letters and got no response, they decide that you are NOT a gullible mug. Then the amount due drops to £0 because they will disappear, never to be seen again.

    When that happens, PLEASE report back. A confirmation that our advice is good and it works will reassure the future victims of these scammers that they have nothing to worry about.

    And, your final task is: Spread the word amongst all your friends and tell them to tell all THEIR friends.

    Our aim is to enlighten every driver in the country so that these crooks go out of business.
  • Ess
    Ess Posts: 21 Forumite
    I will add my twopennyworth to the boys' comments, all of which I endorse 100%. You will now get a series of letters designed to frighten and browbeat you into paying, with threats of court, bailiffs, etc., etc. That was the reason they got your address from DVLA. (Eternal shame on DVLA for taking their cut of this scam.) When P.E. don't get paid, they will pass it to a joke debt collector who will write you more letters. The amount demanded will go up, and you will be given deadlines before the matter is taken to Court. Ignore them, and the next letters will be from a fake firm of solicitors, who, if you look closely at the address, are the debt collector in disguise.

    The final phase will be when, having sent you all these scary letters and got no response, they decide that you are NOT a gullible mug. Then the amount due drops to £0 because they will disappear, never to be seen again.

    When that happens, PLEASE report back. A confirmation that our advice is good and it works will reassure the future victims of these scammers that they have nothing to worry about.

    And, your final task is: Spread the word amongst all your friends and tell them to tell all THEIR friends.

    Our aim is to enlighten every driver in the country so that these crooks go out of business.

    Many thanks, give them FA, for your welcome advice. That was a great twopennyworth!

    I WILL spread the word to friends and relatives in case they should find themselves in the same predicament sometime.

    Thank you once again for taking the trouble and time to advise me, you guys are worth your weight in gold!
  • robredz
    robredz Posts: 1,602 Forumite
    As you have a disabled tax disc and the ticket muppet should have seen it, ignore them until you have a few threatOgrams, and then send a Letter Bbefore Action stating that as you are disabled, and under the Equalities Act 2010, you are entitled to the reasonable adjustment of allowing you to park in a bay that is unenforceable on private land, as the BB scheme doesn't apply. You will be looking to ground a claim iof Direct Disability discrimination for their continued pursuit of their unlawful civil penalty.

    or alternatively, just ignore the muppets
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