Parking Eye help needed!

trisontana

Why on earth do you wan't to pay up? You don't owe them a penny, so you can just ignore this company and the silly n letters they might send to you.

The_Slithy_Tove

debee wrote: »

In light of the new Government regulations Oct 2012 is it worth any time or effort appealing to the company or should I just pay up??

What new government regulations would these be, then, which suddenly make it that you have to pay fake private parking charges? There are no such regulations. Have you attempted to find out what the bloke in the pub who said you now have to pay up was actually talking about, or just accepted hearsay as gospel truth?

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)

The only thing the Protection of Freedoms Act does is remove from the registered keeper the defence of "I was not the driver." That was always a weak argument. There are far stronger arguments which make such parking charges invalid, all of which still stand.

In short, just ignore PE. If they asked for £1, then pay £1. Otherwise ignore them.

Michellerbrts

there, can you please give me some advice, I went to DW sports car park,bury (my husband was driving, but I am the registered keeper), we parked the car walked over to a ticket machine, purchased a ticket and put it in the window, went off shopping, an hour and a half later we returned, and went home, I binned the purchased ticket as I thought that I didn't need it any more, needless to say I have received a letter from Parking Eye,with a picture of our car entering and then leaving saying that we had parked in there car park which is only free for 30 minutes, I think the car park may be attached to the sports centre that is opposite the car park as its called (DW Sports Bury)but we live an hour and a half away from bury, so I was wondering if it was worth driving back down there to take a few photos and see what the signs actually say. The letter says we were parked there for 1hour 37 minutes and on investigation the ticket we had purchased was in fact from a counsel car park with is immediately next to the parking eye car park, it was a genuine mistake and the car parks looks like one large car park not two separate ones. I have to be honest my head is all over the place, do I pay or don't I? Any advice would be really helpful. Many thanks Michelle

Stroma

In short ignore them, if you want further advice please post a new thread below instead of hijacking this one, also you'll be able to see the current advice with the latest threads - many thanks
http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Guys_Dad

Why would a DW fitness centre -I am assuming it is like my DW gym - have either a charge or a 30 minute limit on parking. Takes me that long to change and warm up.

Coupon-mad

Michellerbrts wrote: »

there, can you please give me some advice, I went to DW sports car park,bury (my husband was driving, but I am the registered keeper), we parked the car walked over to a ticket machine, purchased a ticket and put it in the window, went off shopping, an hour and a half later we returned, and went home, I binned the purchased ticket as I thought that I didn't need it any more, needless to say I have received a letter from Parking Eye,with a picture of our car entering and then leaving saying that we had parked in there car park which is only free for 30 minutes,

I think the car park may be attached to the sports centre that is opposite the car park as its called (DW Sports Bury)but we live an hour and a half away from bury, so I was wondering if it was worth driving back down there to take a few photos and see what the signs actually say. The letter says we were parked there for 1hour 37 minutes and on investigation the ticket we had purchased was in fact from a counsel car park with is immediately next to the parking eye car park, it was a genuine mistake and the car parks looks like one large car park not two separate ones.

I have to be honest my head is all over the place, do I pay or don't I? Any advice would be really helpful. Many thanks Michelle

To answer your 2 questions in my bold, NO and NO.

PE and others like them are discussed every day. My usual advice here, post #6 which tells you about the POPLA option as well:

https://forums.moneysavingexpert.com/discussion/4447173

I would appeal to PE because I honestly think more people need to get these fake PCNs cancelled by POPLA instead of ignoring and living in fear of the scary letters (they are just junk mail trash though and we laugh at them! ).

Just say that you 'did pay', have not got the P&D ticket any more because why would anyone keep it, and that you were using the facilities for shopping and have receipts that you will be happy to show at POPLA stage. Say that you will also require PE to produce the 'contract' they have with the owner/occupier for POPLA to scrutinise. Say that the amount is an unlawful penalty clearly designed purely for PE to make a profit; the truth is that the owner/occupier made no loss and PE are not the owner/leasehold occupier so have no legal basis to allege contract or trespass, in their name.

We know that PE do not like to give out POPLA codes, they drag their feet and pretend you have to send in 'more evidence' which is rubbish and incorrect procedure.

So demand one in your final paragraph of your simple appeal letter! Make it clear that you know the score and that POPLA will be at PE's expense and binding on them, not you. Demand the code or say you will deem the ticket cancelled, as per the BPA code of practice.

Then when they reject, appeal more strongly to POPLA to cost them money.

Word the POPLA appeal right and it should be cancelled. Thread discussing POPLA appeals:

https://forums.moneysavingexpert.com/discussion/4447137

...just don't make the classic mistake of simply saying 'I don't think this PPC has authority to issue tickets, no contract'. A case was lost on that basis when what they should have said was about the PPC's lack of lawful title/ownership in the land, as per mulronie's wording in post #27 there. That's good wording IMHO, plus you'd demand PE to show POPLA their contract (they hate that and won't!).

At least appealing to POPLA costs the PPC money and may well get a fake PCN cancelled. I think more people should use POPLA - but ONLY if the appeal is well worded.

If you want further advice please start your own thread. Obviously using the 'new thread' blue button on the main forum view (one click away, see my signature for where to click back to the forum itself when on any thread). Did they send you the letter within 14 days? Start your own thread we can follow.