Parking Eye Parking Charge Notice

ManxRed

Actually, can you confirm if this was indeed CAB? And if so, which office?

Not sure if he posts on here, but someone on another forum would like this info.

Thanks.

kerina

i think it was cab .....08454 040506 can you let me know.... thanks for your help

they gave me a reference number too

trisontana

That number is for Consumer Direct. Idiots!

kerina

is consumer direct suposed to give the same and right advice as consumer rights, cab..... I am getting confused......

trisontana

Sorry, I forgot there have been some changes in the last few months:-

From April 2012 the current consumer advice service delivered for Council Trading Standards by Consumer Direct will move to the Citizens Advice Consumer Service. This follows the Government’s review of consumer protection services.

The Citizens Advice Consumer Service helpline will continue to operate the existing Consumer Direct telephone number 08454 04 05 06. You can also complain online by selecting the Citizens Advice Consumer Service online complaint form from the external links on this page.

kerina

i was thinking of phoning the above phone number now and giving my ref no. and seeing what info the next person there gives. I t may be different info. Or I may complain whilst on the phone to them.
thanks for the info folks...

RENEGADE_2

Kerina don't waste your time. You're dealing with amateurs. Believe those who tell you that this ParkingEye invoice is a scam and that its demand is unlawful and thereby unenforceable. Of course they can do court, if they want to make idiots of themselves again, because if they head for the courtroom it will be to lose and you won't even need to speak a word, the judge will throw the book at them.

kerina

hi all.... just got off the phone from consumer direct..... they have said i should email my appeal to parking eye.... i have done that.... consumer direct said i have done the right thing.... and have also said they can take me to court....
Have just read your note renegade..... thanks for that....but still getting soooo stressed...... I know what you are saying is right..... but still feel sick with worry..... they wont get the money anyway..... as i dont have it..... THANKS EVERYONE... sorry for being a worrier....

trisontana

They are idiots in that office. Please believe the advice you have been given on here and not that from CAB .

ManxRed

There is no legislation covering private parking in the UK.

They rely on Contract Law, whereby a contract is formed between the driver (reading the signs in the car park) and the parking company (although read on for why even this is tenuous in itself). The 'charge' you now have is for breaching the terms and conditions of a contract and is subject to a whole host of laws relating to contracts.

Here's a few nuggets (Google them if you think we're wrong and CD are right):

1. Penalties. The only redress open to a party in a dispute over breach of contract is actual losses only (liquidated damages). The determination is made that the breached party must be returned to a financial position the same as the one they were in prior to the breach. In your case they are three minutes worth of pay and display charges down, plus a few quid for writing to you to tell you this. A fiver, tops. Any sum of money over and above the liquidated damages is a contractual penalty (Google this too), completely unenforceable in law.

2. The losses must be pursued by the person who is at loss, not a third party agent. So the LANDOWNER (or their legal representative) may pursue you only. Not a third party agent (in other words a parking company). So the parking company can chase you on behalf of the landowner, but only the landowner or their legal rep can bring a court claim in respect of losses caused by the contract breach. This ISN'T Parking Eye. Only if Parking Eye were the landowner could they bring the claim. I highly doubt that this is the case.

3. The terms in the contract must be reasonable. Stating something like 'people in red cars will have the charges doubled', or 'parking charge for overstaying by three minutes is £20,000,000' If a driver (or party to the contract) might have considered this unreasonable at the time of accepting the contract terms, then a court would probably also find it unreasonable.

I could go on.

The parking companies are well aware of the above, which is why in 2011, of the 1.8M private tickets issued, only 49 ended up in front of a judge, and only 24 were won by the parking companies, probably mainly by default (the other party not turning up), plus maybe a few where the judge made an error.

Consider how small this number is, against 1.8M.