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Parking eye parking charge notice: Please help

Hi i have just received a letter from Parking eye with a parking charge of £80 plus £30 admin charge for staying 18minutes over a 2 hour limit in a free car park. I have read previous posts with responses saying to ignore and that i dont have to pay but i am worried of the consequences if i dont pay up. I have a young baby and dont really want any trouble at my door. Please please can anyone advise. many thanks in advance x
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Comments

  • Browntoa
    Browntoa Posts: 49,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    they won't turn up at your door

    they will not take you to court

    they cannot do anything

    you will recieve a variety of letters with "threats" to do all kinds of things but they will never do so

    some will mention Baliffs/courts/credit ratings

    do not worry !!

    IGNORE
    Ex forum ambassador

    Long term forum member
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    edited 2 August 2012 at 11:55AM
    Just so you understand your legal position a little better...

    1. There is no law relating to private car parking (whereas there is with public parking from councils, etc.). The matter becomes a civil matter, in which one private company or individual (Parking Eye) claim that another party (You) owes them money.

    2. The basis of their claim relates to you breaching a contract - the contract is effectively the terms and conditions on a parking sign displayed at the car park. So they are stating that by overstaying, you now owe them £110.

    3. Under civil contract law in this country, the remedy for one party if the other party breaches the terms and conditions is the actual losses suffered only (liquidated damages). If this were a pay and display car park, in your scenario this would be the parking fees for 18 minutes (a few quid?). As this was a FREE car park, then their losses are actually zero. So, legally, you owe the landowner £0.00.

    4. Yes, I said the 'landowner'. Under a recent court case in the Upper Tribunal (which makes it binding on lower courts) a ruling was made that unless the parking company hold sufficient landowner rights over the car park, they cannot even form a contract with drivers, let alone pursue anyone for breaching it. So you owe Parking Eye nothing, and you owe the landowner £0.00.

    Ridiculous? Yes. But that is your actual legal position here.

    So the advice is to ignore Parking Eye, ignore any debt collectors or pretend solicitors they employ, and ignore all the threats of what will happen (it won't by the way) if you don't pay them.

    They know all of the above, by the way, which is why they will stick to sending scary letters to try and get you to pay up, instead of actually taking court action, because they know full well they would lose badly.
    Je Suis Cecil.
  • Thanks i was just worried as i saw a post saying they sent a fake council person or someone to there door etc
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    Where was that? I've never heard of a PPC sending anyone to anyone's house before.
    Je Suis Cecil.
  • bondy_lad
    bondy_lad Posts: 1,001 Forumite
    Part of the Furniture Combo Breaker
    dopey, no need to worry, if you have read the stickies, you will see you have recieved a FAKE parking ticket/invoice,so why then would anyone other than a SCAMMER turn up at your door,which they wont,relax,chill,and dont worry about these clowns,nothing can/will happen to you.enjoy motherhood and best wishes to the young un.
  • Thank you all very much, last time i try treat myself to a new haircut lol x
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    dopey_1988 wrote: »
    Thank you all very much, last time i try treat myself to a new haircut lol x

    All good advice above. The thing to bear in mind that Parking Eye are running business for profit and rely on mugs who do not know the law to pay up because their communications look "official" If they can get one mug in 10 to pay the invoice its probably profitable for them.

    If anyone were to turn up at your door (which they wont) call the police and say you are being threatened by the firm.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • thank u for the info!!! ive recieved a fine...with a picture of my car entering and leaving the carpark and i fine of £70 or if i pay before 13th aug it will be £40...DO i ignore it????
  • 27col
    27col Posts: 6,554 Forumite
    mandz3 wrote: »
    thank u for the info!!! ive recieved a fine...with a picture of my car entering and leaving the carpark and i fine of £70 or if i pay before 13th aug it will be £40...DO i ignore it????
    No, you have not received a fine. You have actually received a begging letter asking you to send money. Think about it, and see if you can detect a difference in the two things.
    I can afford anything that I want.
    Just so long as I don't want much.
  • Half_way
    Half_way Posts: 7,714 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    mandz3 wrote: »
    thank u for the info!!! ive recieved a fine...with a picture of my car entering and leaving the carpark and i fine of £70 or if i pay before 13th aug it will be £40...DO i ignore it????

    Hello and welcome to Money saving experts forum, as you have failed to read the forum through and not started a new thread, you have been charged a Posting Charge Notice (PCN) of £80 with an early payment discount of £40 if paid within the next 14 days, failiure to pay may result in legal action being taken against you, and your first born child being sent away to parking school to be turned into a PPC ticket issuing goon


    As you can guess the above is ridiculous, as is your parking charge notice, and your parking invoice should be treated as such
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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