Parking Eye Parking Charge Notice

RENEGADE_2

kerina wrote: »

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.

Hold your nerve.

Sadly you are dealing with amateurs who don't have the first clue on how to advise. Your appeal will be rejected, you know that don't you. It won't even be perused, you'll simply be issued a template letter informing you that you were not successful and that the demand is still payable.

Here is why you did wrong. First, you divulged the fact that you even received their fake invoice - it they never recorded the delivery, they would have had no proof. Likewise if it were affixed to your window, once again they never could have known that it was there when you got into the car. Secondly, you admitted driving. Regardless now of whether pre- or post-October legislation applies, the PPC has its target, something else it never could have achieved had you ignored them. Thirdly, by using the word "appeal", moreover pleading with them to cancel the charge, you not only accede to their authority but you make them believe they have you at their mercey.

Their demand, Kerina, is unenforceable. This means, try as they might to sue, you would win hands down. You only have to know that you are being hasstled to pay a sum which does not reflect company defecit and this looks more like a de facto penalty. Citizens do not penalise one another, it is illegal; and Contract Law only allows landowners to seek losses. So, if you overstayed by three minutes and payments came in half-hour instalments, they legally they could request that you pay another half hour whatever small amount that is.

From here on in, JUST ignore, never mind that you appealed, to hell with their response to your appeal. They won't go near a court because they remember what happened the last time they did for a similar circumstance when they got thumped. Court as I say is the last of your worries. It would not be a case of you being grilled by the prosecution for non-payment and a jury finding you guilty and the judge passing sentence: that is the Magistrates' Court if the police press charges when one is charged with a crime. There would be no prosecution and no jury: it would be County Court, you'd be the defendant, and your opponent, the claimant (ParkingEye's client who is the landowner) would need to satisfy the court as to how his demand reflects actual losses resulting from your action. You just sit back and try to keep a straight face as he humiliates himself.

It's not going to court. You be sure!

Coupon-mad

kerina wrote: »

I have recently had a parking ticket from parking eye. I have read about what has been said about them in the past, but i contacted consumer rights. They say I should pay the money as they can take me to court.
I have emailed the appeals at parking eye and wait in hope.
I have never used one of there car parks before. By the time I realised that I had to put in my registration number (I had to write it on my arm as I can never remember it) found a pen etc....
time was ticking by...... I paid for 30 minutes. Parking eye letter says 33 minutes..... i cant find the parking ticket that i bought.....surely the 3 minutes was the time i was looking for my pen etc......???

I am sorry but there is no such place as 'Consumer Rights' and why put as your first post that you were 'told to pay or they can take me to Court'? At least you've now realised it was the CAB and they were talking rubbish - but such posts are scaremongering.

Ask questions here as a newbie by all means...but come on, for 3 minutes do you honestly think for one moment that a private company can issue some sort of fine against you?! :rotfl:

Annoyingly, I know that the advice guide for the CAB was re-written and quoted on pepipoo recently but it seems it has changed again! LINKY.

The bit about private parking that Broadsword quoted on pepipoo a few weeks ago mentioned pepipoo as a link but !!!!!! the CAB are so easily swayed and fooled!!!!!!!!!!!!!! It now says this BPA rubbish spiel:

Silentdaywalker

lawabidingcitizen1 wrote: »

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

The same thing happened to me. I got my parking notice this morning. I will be ignoring it and not going to Starbucks again

Coupon-mad

Silentdaywalker wrote: »

The same thing happened to me. I got my parking notice this morning. I will be ignoring it and not going to Starbucks again

You do realise you have quoted the only troll on this thread (he is from the dark side, he was one of the PPC posters scrathing around on this thread like a rat).

And you do know this ancient thread is out of date, it's fairly pointless reading and bumping it now?

You have the right idea about ignoring this scam but you could also appeal; if this was in England/Wales in October.

See the current forum threads, just click one click as per my signature below, and read today's threads. Read about the POPLA appeal service and the new law after 1st October, be informed about your options which are now appeal or ignore (but never pay!).

johnnyd789

Hi i have just recieved a letter from parkingeye saying i have overstayed in a free parking site owned by BandQ saying that i parked for 2hr 28min and it was only free for 2hrs i have read previous threads on here and seen the watchdog cilp which say just ignore and throw away letter as it is not legal now looking a bit more into this i find the law changed from 1st oct where do i stand now do i pay or ignore please HELP as the more i read the more confused i get thanks

ManxRed

Not a lot has changed at all. Ignore is still a perfectly valid option so long as its not a hire or lease vehicle.

Coupon-mad

johnnyd789 wrote: »

Hi i have just recieved a letter from parkingeye saying i have overstayed in a free parking site owned by BandQ saying that i parked for 2hr 28min and it was only free for 2hrs i have read previous threads on here and seen the watchdog cilp which say just ignore and throw away letter as it is not legal now looking a bit more into this i find the law changed from 1st oct where do i stand now do i pay or ignore please HELP as the more i read the more confused i get thanks

Can't see why it's confusing but here we go again.

This 'new law' guff has been covered endless times and I last posted this yesterday, and the day before, and the day before that too.

In just nine weeks since 1st October, we've been constantly asked about the 'new law' (Protection of Freedoms Act if you want to search for other threads). It has been discussed to death TBH and you could have just searched the forum - but we always reply because it's important that people know that fake PCNs have not suddenly become magically enforceable!

So here's the same old summary yet again (with apologies again for boring the regulars here) :


The registered keeper doesn't 'have to' do anything at all. These fake PCNs are as unenforceable as they ever were - it's just that these scam firms are now able to aim their threatogams at the registered keeper if they are not informed who the driver was.

Big deal...the keeper can still make paper aeroplanes out of them as we always did, just as shown by Tim Cary, the expert Solicitor in this Watchdog clip!

http://www.youtube.com/watch?v=XAIcdi9niHA


A SUMMARY:

As far as private parking ticket scams are concerned, for a vehicle where you or family are the registered keeper*:


Any fake PCN issued for an incident up until 30th Sept 2012 = IGNORE IT.


Any fake PCN issued for an incident from 1st October 2012 onwards:

- if you were parked in Scotland or NI = IGNORE IT.

- if your 'ticket' is from a firm who are NOT members of the BPA AOS, or are one of five AOS members currently banned from getting data = IGNORE IT.

- if your 'ticket' is from a non-banned by the DVLA!! AOS member in England/Wales, there are 2 choices:

a) IGNORE IT, as ever, playing snap with the threatograms that match our sticky thread 'PPC letter chains' (near the top of this parking forum),

or

b) Appeal it with help from here in how to word it, and insist on a referral to the POPLA appeals service if it's not cancelled. Costs the PPC £32 plus, costs you nothing, it's not binding on you but it is binding on the PPC. If you do not win your appeal then revert to ignore mode.

This option is for those who want to fight back, cost the PPC money and test the POPLA system whilst also getting their PPC's tactics scrutinised; start by reading threads about POPLA. Recent posters have had great success where their case is clearly a very unfair ticket (such as disabled overstay or slight overlap of a white line, etc.) by using email and wording it not as an appeal but a complaint, and copying in the retailer/landowner to that complaint.

Finally, if anyone gets any fake PCN anywhere in the UK in a retail, cinema, fast food or Supermarket car park then even if you choose to ignore the scammers then COMPLAIN IN WRITING to the CEO of the company on site if you were a customer. Do not appeal to them, complain about this protection racket against their paying ex-customers.

HTH





* it is different for hire/lease/company cars as you could find the fake PCN paid for you! Here is a thread about what to do (whether AOS scheme member or not, you need to appeal to hook the PPC in your direction).

The_Slithy_Tove

johnnyd789 wrote: »

looking a bit more into this i find the law changed from 1st oct

And where you found this information, surely you were also informed that it doesn't change things. Why all the confusion??

There is a lot of misinformation around concerning the Protection of Freedoms Act. This is largely pedalled by the private parking companies in an attempt to add some kind of legitimacy to their charges, not helped by sloppy and lazy journalism which regurgitates what the parking companies say without checking if it's true or not.



Schedule 4 of the Protection of Freedoms Act 2012 introduces the concept of Keeper Liability for private parking charges if the registered keeper fails to divulge who the driver was. That is all.

• It does not make parking charges enforceable (or any more enforceable than they were before, which, on the whole is not enforceable at all)

• It does not require the registered keeper to name the driver on request - there is no obligation. If the keeper fails to name the driver, the "liability" (such as it is) reverts to the keeper (see previous point). If the driver and keeper are the same person, then there is no difference anyway.

• It does not set out any kind of statutory framework for parking charges, they are still based on contract law or trespass, and in that respect nothing has changed

• It does not define the wording that must be used to make parking charge notices "legal", "enforceable" or "valid". The Act sets out wording and points that must be included in order for the parking company to be able to apply keeper liability, but using all the correct words does not make the notice any more legally enforceable than it was before (see point 1)

visitor12

Hello, today I have received Parking charge notice from parking eye. 2 months ago I was in UK and had a borrowed car from a car rental company. They gave my details to parking eye so they know who the driver was at that moment the car was caught on camera staying too long at parkplace (about 8 hours). I didnt know it is limited staying there, but they say there a sign on which clearly states limit for 2 hours of free parking. Do I have to worry about it? Im from Slovakia.
Thanks

pogofish

visitor12 wrote: »

Hello, today I have received Parking charge notice from parking eye. 2 months ago I was in UK and had a borrowed car from a car rental company. They gave my details to parking eye so they know who the driver was at that moment the car was caught on camera staying too long at parkplace (about 8 hours). I didnt know it is limited staying there, but they say there a sign on which clearly states limit for 2 hours of free parking. Do I have to worry about it? Im from Slovakia.
Thanks

You don't need to worry about a thing - As its a rental car, you would be worth "appealng" to them just ot give them your details, then simply ignore all they send you.

Read this thread for an ample and expansive explanation of why they cannot force a penny out of you.