Parking eye invoice

vax2002

fivegoldstars wrote: »

Ok - so a theoretical - if the charge is £1, and I haven't paid that fee, and warnings on the sign itself say that failure to buy a ticket results in an £80 fee. So in effect, the demand is for something which I have been pre-advised of.

Thats it, you are Trolling
GAME OVER !

fivegoldstars

vax2002 wrote: »

In that case : By reading this you have entered in to a forum reading charge notice of £500, failure to pay this charge MAY result in court proceedings.

Now I AM legally within my rights to issue court proceedings against you for the above, just as entitled with the exact same case a parking company has, not one bit more or less.
Will you be sending me the £500 so you dont have to go to court ?
No of course you wont.
So why on earth would you consider the parking firm ?

wake up man !

Not really the same thing.
1) No advance warning of charges
2) Unless you're the owner of the site or in someway empowered by them, I don't see why you're within your rights...?
3) You don't have my name and address so the threats all seem a little less real and intimidating.

fivegoldstars

vax2002 wrote: »

Thats it, you are Trolling
GAME OVER !

Trust me, I wish I was, then I wouldn't have wasted 2 hours on a Saturday researching this crap. I simply want to dot the i's before I ignore the letters - simply saying 'they told me to on teh interwebs' won't make a good defence.

vax2002

I think you have show us just a little bit too much of your "hand" to be genuine, if you are and i am wrong, you have been given the advice of some of the foremost experts in private parking in the country, so follow it.

Stephen_Leak

fivegoldstars wrote: »

My concern is that the advice given to most people is for overstayed/misdisplayed or otherwise incorrectly paid for parking. The circumstances I find myself in are more akin to the case highlighted - i.e. no payment made at all. I'm sure it still constitutes the same kind of thing - £50 is surely a penalty, rather than damages caused by parking 50 minutes in an otherwise empty carpark - but because of the sensitive nature of my employment, I really need to avoid court action etc, even if it was a case which I may ultimately win.

We are careful not to condone non-payment or overstaying in a pay car park.

However, all the car park owner can claim from the driver in damages for your unspeakable crime is what they’ve lost as a result. By asking you for more, which is unreasonable, it’s become an unfair contract penalty, which is legally unenforceable. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914.)

A blackmailer can't sue their victim if they don’t pay.

fivegoldstars

Stephen_Leak wrote: »

We are careful not to condone non-payment or overstaying in a pay car park.

However, all the car park owner (CPO) can claim from the driver in damages for your unspeakable crime is what they’ve lost as a result. By asking you for more, which is unreasonable, it’s become an unfair contract penalty, which is legally unenforceable. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914.)

A blackmailer can't sue their victim if they don’t pay.

Which is more like what I'm asking for by way of a response...
By way of confirmation though, has anybody who has followed the ignore route done so on the basis of not paying a fee in the first place? If the answer is yes, then I'm happy to continue. If the answer is no, then I don't want to be another test case.

vax2002

Can you please spend some time and ready the forum first...
The answer is YES thousands have IGNORED them, because it is LEGAL to ignore someone who is trying to ILLEGALLY scam you.

give_them_FA

5goldstars, I think that you are taking all of this a little too seriously.

As I have said above, if the parking company do not know who the driver was, then no court claim will ever get off the ground anyway. Unlike a Council they cannot send the bill to the registered keeper and assume he was driving; and unlike the police they have no rights to be given the information as to who was driving.

So all you have to do to stop worrying is to ignore the entire issue.

In case it wasn't clear, the claim brought by P.E. in Manchester was only rendered possible because the guy admitted that he was driving. Mistake. Don't reply and you are home free.

And this forum teems with people who through misunderstanding or other reason, did not buy a ticket. Many do come back later and say ignoring worked. Do not forget, the parking company isn't interested in the parking fee of £1, what they want is to scam £60 out of this. But they are not entitled to it. All they are entitled to in law is what they lost because you breached the contract. That's £1. Which they never bother to collect as they are too greedy to settle for that.

Coupon-mad

You really are taking this far too seriously. :eek:

This is Parking Eye and if you look at their notices they do NOT form a contract for you to pay £80 for a certain length of stay. They are worded as a breach (= penalty) and their letters are worded to 'offer a discount' which also knocks into touch the possibility of pretending it's a claim for trespass. They are not worded in such a way that would stand up in Court and survive any scrutiny of whether this is a penalty.

I repeat, this is ONLY Parking Eye who, until the Smithy case, had not taken anyone to Court ever - and certainly got their fingers burnt then!

Hadeon

One point which the OP has not clarified is whether/or not the £1 parking charge is refundable against making a purchase at any of the stores sited on the retail park.