New Parking Eye charge notice

bargepole

Tiger66 wrote: »

... so please bare with me!...

Best offer I've had all week .. I didn't realise this was that kind of forum ...

Tiger66

I thought people were here to help bargepole!

bargepole

Tiger66 wrote: »

... But had no idea I was breaking a contract with Private Eye. I feel like a criminal!

You have no contract with Parking Eye (or Private Eye, which is a fortnightly satirical magazine).

Only the landowner, or someone with a propietorial interest in the land, can form contracts to park on the land. This is a binding ruling from the Upper Tier Tax Tribunal ruling in the case of VCS v HMRC, March 2102 (Google it).

You have broken no law, and have only received a couple of speculative invoices, which are effectively toilet paper.

Ignore all the rubbish threatening letters they will send you from now on - it's a scam designed to get you to pay them money to which they are not entitled.

Tiger66

Thank you bargepole, you have put my mind to rest. I have a serious illness and this has been the last straw for me to cope with! I also have learnt something new about free car parks and parking Eye! Once again thank you as I didn't know where I stood with the new Protection Freedom Act 2012 info that accompanied with their letter! obviously another bully tactic!

bargepole

Tiger66 wrote: »

Once again thank you as I didn't know where I stood with the new Protection Freedom Act 2012 info that accompanied with their letter! obviously another bully tactic!

The only difference the POFA makes, is that they can "pursue" the registered keeper for "legitimate charges" if the name of the driver is not known.

It doesn't make their unlawful penalties any more legitimate than they were before.

please_help_my_daughter

Just thought I'd update you all as you have been so helpful. I chose to take your advise and ignored the letter, I told my daughter to give me any letters that came from them and I would deal with it and if there was any 'court' action that I would pay it. So far I have had a couple of letters asking for the full amount to be paid as its past the less amount days, which I ignored, I then received a couple more saying that they would (very kindly) accept a reduced payment if I paid within 14 days, so I have ignored that too. As of yet I have heard nothing more but I will keep you all updated as to what happens. Thanks once again and happy new year to you all.

Stroma

Thanks for the update, as you can see they offered you a reduced amount to settle, if they really had a strong position you wouldn't be getting begging letters to pay less, you'd be getting a small claim.

So the advice of ignore does work

please_help_my_daughter

Another update for you guys, my daughter is being taken to court! I have left the letter at home but i will bring it to work so I can put it on here for you to read. I have done her defence etc as in said how can she be liable for a contract as she was 17 (they said she can at 17 as its a private landlord) and its an extortionate rate etc etc. As I said I will bring it in so u can have a read. Her date is set for August at our local court but she has got a mediation phone call booked! I have decided that I really really dont like Parking Eye or this game anymore!!lol

nigelbb

It's hilarious that they should try court when they know she was 17 years old. I am not sure whether they are arrogant, stupid or incompetent. Probably all three.

Someone under the age of 18 can enter into a contract but it cannot be enforced by the other party.

I suggest that you get over to PePiPoo as no disrespect to regular posters here (many of who like me also post on PePiPoo) but you will get a better class of legal advice there. http://forums.pepipoo.com/index.php?act=SF&s=&f=60

bazster

please_help_my_daughter wrote: »

Another update for you guys, my daughter is being taken to court! I have left the letter at home but i will bring it to work so I can put it on here for you to read. I have done her defence etc as in said how can she be liable for a contract as she was 17 (they said she can at 17 as its a private landlord) and its an extortionate rate etc etc. As I said I will bring it in so u can have a read. Her date is set for August at our local court but she has got a mediation phone call booked! I have decided that I really really dont like Parking Eye or this game anymore!!lol

Er, excuse me, did they actually say this? Because, if so, that is a cast-iron admission that were any contract to exist it would be with the landlord, not with Parking Eye. So they are bringing a court case on the basis of a contract they admit they are not party to!

Parking Eye has totally and utterly lost the plot with this one. I hope that a judge gives them the comprehensive spanking they well-and-truly deserve and escalates the matter beyond merely dismissing their case.