New regulation - Oct 2012

FightOrFlight

HO87 wrote: »

For a start that they a proprietary right or interest in the land. This would normally include owning or having a lease on the land or a licence that granted them certain rights of ownership. Given that many of the companies (supermarkets and retail parks) don't own their car parks in the first place the chances of them having the necessary rights are vanishingly small.

How can I find out if parking facilities used located on land owned by a PPC or a store, which behalf they claim to act on?

If a store owns the land, does it make a private PCN more valid?

peter_the_piper

If the store owns the land and issues tickets itself then there is a contract formed between them and the driver/RK. It does not make the high charge any less of a penalty though, it just makes it legal to claim it. Unless the store signs over ownership of the land to a ppc they cannot claim a contract.

FightOrFlight

Went out today to get the legal gibberish from ParkingEye's signs on that parking site. Have to say it is a quite small print on their boards, here it is:

ParkingEye Ltd (Company No: 5134454) is engaged by the landowner to provide estate management at this car park. We monitor the car park and enforce the parking regulations remotely and by manned solutions. We are not responsible for the car park surface, other motor vehicles, damage or loss to or from motor vehicle or general site safety. Parking is at the absolute discretion of the landowner. By parking within the car park, you agree to comply with the car park regulations and are authorised to park subject to these. If you fail to comply with the car park regulations, you accept liability to pay the Parking Charge. By entering the car park, you consent to the recording of your vehicle registration number by the ANPR cameras/the attendant and further consent to the processing of this data, and any data provided via the car park's permit system, by ParkingEye Ltd to verify the parking regulations have been met and to obtain the name and address of the registered keeper from the DVLA, where necessary, for the purpose of parking control and enforcement. Personal data may also be shared with our trade association, collection agents or solicitors for this purpose. Parking Charges incurred will be notified to the registered keeper by post - An administration charge of £2.95 will apply for payment made with a credit/debit card. Reductions of the Parking Charge are available for a period, subject to the terms of the Parking Charge notice. Failure to pay the Parking Charge within the period notified will result in an increased overall amount becoming payable. Any reduced amount will not exceed £75 and the overall amount will not exceed £150, prior to any court action. Additional costs and interest will be added where proceedings are issued.

Not verse in legal matters, I have two 'average Joe' observations.

Nice job, if you can get it - we, the PPC, are not responsible for anything including your safety or condition of this car park, except for pestering you for your money.

Secondly, the PPC can sell/pass onto our data obtained from the DVLA onto world and his dog without giving us an option that we don't want any further contact from any other trading or otherwise bodies.

However, what the legal minds here think? Are there any holes in that statement that might help an appeal or a possible court case?

taffy056

They got all that garbage on a sign? Still best advice is to ignore them

Coupon-mad

Not sure why on earth you are wasting your precious time, FightOrFlight.

You have a fake PCN from Parking Eye, there's loads online about ignoring their fake PCNs. Either ignore everything, or appeal then go to POPLA, then ignore if POPLA don't agree with you. It's not difficult.

My 18 year old niece has already ignored six of their fake PCNs (she has a specific medical condition which means she can overstay, but of course PEs cameras are not au fait with the Equality Act and disability!).

FightOrFlight

Coupon-mad wrote: »

Not sure why on earth you are wasting your precious time, FightOrFlight.

This is the approach I am now inclined to take. However, love learning new useful stuff - I am a bit anal... :rotfl:

Very grateful for all advice I have found here.

taffy056

FightOrFlight wrote: »

This is the approach I am now inclined to take. However, love learning new useful stuff - I am a bit anal... :rotfl:

Very grateful for all advice I have found here.

And pepipoo they are in the best position to help you further this

FightOrFlight

taffy056 wrote: »

And pepipoo they are in the best position to help you further this

It's the first time I have heard/seen somebody directed to another community because it is 'better'; usually it's the other way around.

peter_the_piper

Its nice to be first then. We do this to help the poster as pepipoo id dedicated to vehicle posts and does have legal trained bods on there. There are times when they can help more, ssuch as councils tickets, and times when its not necessary to go to them. We even send people to a bailiff help site when necessary.

hoohoo

Other posters on this board have reported that right now ParkingEye are scared of POPLA, and are therefore caving in immediately when threatened with it.

If you are the kind of person who likes things to come to a close, it may be worth one terse letter to ParkingEye.

Dear Sirs,

I received your invoice ref xxx in the post. I deny all liability and following advice from moneysavingexpert wish to invoke your appeal procedure for all possible reasons.

I will not be providing further details or entering into any more correspondence with you. I require you to respond to this letter within 14 days and to either cancel the invoice or provide a POPLA code within 35 days. Failure to do this will automatically deem you to have cancelled this invoice.

Yours,

yyy