Parking Charge Notice

makemboy

Hello, first time on here for me. I have read a lot of the threads on this subject and think I know that I will be ignoring the Charge Notice received from Parking Eye. However ,I would like a couple of clarifications to make sure that the info I have come across on this site is up to date.

I read the Smithy thread case ( poor lad ...he took some stick with some people thinking he was not genuine. What was the outcome of that one ? (last I heard the case was going to court , did it? )

I have seen the Watch dog clip, does that advice still stand?

Okay my situation.

Received Parking Charge Notice. I am the RK. I was not the driver. This was a supermarket Free car park with a 2 hour limit. The driver was not aware of the 2 hour limit ( Visitors to the area ) and was photographed arriving and leaving the car park. Timed at over two hours but less than three hours. The driver had shopped in the supermarket but had then got delayed returning to the car.The driver of the car can be seen in the photograph leaving the car park. This is not the R.K.

The Parking Charge Notice is addressed to me as the R.K. Info provided by the DVLA. I have read that this notice is not legal as this is not a criminal offence. It is addressed to me and as I was not driving the presumed charge is against the driver not me, therefore, I need not react to this notice. Am I also correct in assuming that I do not legally have to reveal the identity of the driver and the onus is on P.E to take this forward?

I look forward to hearing the responses of regulars of this forum who seem to be very well informed.

give_them_FA

You have summed up the situation very well. If you weren't driving it has nothing whatever to do with you.

You do not have to supply the parking company with any details of the driver, and without that info they are totally stymied. The photo will not help them unless they have a database of every face in the country... they don't.

You have two options- you could write and say you weren't driving and are not prepared to say who was and that the correspondence is therefore closed.

Or the simpler alternative is to simply ignore them completely, and bin everything you get. Equally valid.

And probably the better option, they are used to being ignored since more and more people are realising their tickets are worthless fakes.

Here is what happened with Smithy:

https://forums.moneysavingexpert.com/discussion/3648411

He was ordered to pay the £15 in parking charges which, admittedly, he should have paid. P.E.'s claim for other charges was kicked out and they were stuck with a legal bill for well over £4,000.

It was P.E's first and only attempt at Court and given the disastrous way it ended up for them we can safely say they won't be repeating it.

In any case recent Court cases have established that parking companies have no right to sue unless they OWN the car park, so that has put the kybosh on nearly all of them.

Over to you!

AltheHibby

What GTFA said.

Now you have 2 clarifications you can chill and enjoy the holiday (if a monarchist) or listen to the Pistols' version of God Save the Queen (if a republican). Either way, chill.

bondy_lad

its a scam, ignore,it really is as simple as that, nothing can/will happen as a result of this.relax,chill feet up.

moley12

hi there we have recently recieved a parking fine/ invoice for parking at fistral beach from parkingeye. the charge is £90 or £60 if paid within 13 days. it also has a picture of our car (not us) going in and out of the carpark. Admittedly we did stop but not in a marked bay so were not not taking up any valuble parking space.
I think after reading so many blogs Im going to ignore the letters although I am a little concerned of any come backs and court proceedings....

Buzby

The fact you weren't using a marked bay is probably another 'breach' of their implid terms and conditions. As you surmise, no contact is the best course of action, as they'll want to get good value from the fee they paid to the DVLA to get your details.

At the moment, as the Registered Keeper, you are under no obligation to provide details of the driver, which is where any court action would fail (if it came to that). Sit tight, and ride out the storm.

give_them_FA

You are right, moley, the best thing to do is ignore them.

You are wrong, moley, there will be no come-backs and certainly no court proceedings.

As Buzby so correctly states, if you stay silent then they cannot ascertain who the driver was, as you have no obligation to respond, let alone tell them.

Not that Parking Eye will be doing Court again. They tried it once and got thoroughly trounced; so, they will be giving that a miss from now on.

Expect a series of asinine letters, after which, nothing.

makemboy

Thank you for the responses to my initial post. Very reassuring.