I got a parking eye letter today - help?

Redhead1234

I got one of those parking eye letters today. It has the photo and reg of my car, bang to rights! I don't think I can appeal as I overstayed by a few minutes. The mitigating circs are that I was visiting a friend who lives over The supermarket and my son played up as I was leaving which caused a delay. Can I appeal? Should I? Or should I go to court if it gets that far?
The other thing is that they haven't got my exact name. Can I be taken to court in the wrong name?
Thanks!

timbo58

PE are a PRIVATE company.
It isn't a legally enforceable fine: regard it as an invitation to pay them some money.
An impolite and vaguely threatening one at that.

If you want to pay them -pay it.
If you don't want to pay them -bin it.

They won't take you to court: simply look on this forum or google if you need to confirm that.

DO NOT reply to the letter or they will get all excited someone isn't ignoring them and carry on pestering you.

edward123

Redhead1234 wrote: »

I got one of those parking eye letters today.

Well, thousands do likewise.

It has the photo and reg of my car, bang to rights! I don't think I can appeal as I overstayed by 13 minutes.

So, the ANPR cameras show when you came in and when you left but not how long you parked? Yes! So, no "bang to rights" at all is there? No. 13 minutes is not long to drive in, find a parking space and then the time it takes to vacate said parking place and exit. A PPC has to allow a grace period.
PE would be daft to try this one in court!

The mitigating circs are that I was visiting a friend who lives over Aldi (Aldi own the building) and my son played up as I was leaving which caused a delay. Can I appeal?

Yes, to PE.

Should I?

Probably safe to ignore rather than appeal then use POPLA. However, the latter option will with little doubt mean a success for you and PE's fake ticket being cancelled

Or should I go to court if it gets that far?

See above.

The other thing is that they haven't got my exact name. They have missed 3 letters from my surname. Can I be taken to court in the wrong name?
Thanks!

They still could but they won't. Use the POPLA route. If you chose to a regular on here will help you with how to 'appeal' to PE, who will likely reject it and then the hard real appeal which POPLA will find in favour of you. And it will cost PE £27 + VAT.

simpywimpy

If you search on the forum I think you'll find that they are now starting to take people to court. Its whether you want to risk it or not but there is a template to appeal against it on here if you search.

I had one some time ago and ignored (that was the current advice at the time) and they went away

Stroma

You can only use popla in England or Wales , if you are not in those then ignore parking eye. If you are in those you have a few options

1) pay them
2) appeal to parking eye with something simpleс, then if rejected appeal to popla
3) ignore them

The first one is not really something we encourage. Second one is an option that could be done if you have a good case. Third one is the easiest as it takes no effort beyond ignoring letters from them or their agents. But it comes at a small risk that they could issue a claim, despite everything it's a small chance.

Redhead1234

Thanks all.
I wasn't planning to acknowledge it at all, just wait to see if I get taken to court. The camera shows me parked, so it seems to show over 2 hours parked in the same spot. (Spot is identifiably the same one)
It seems from reading this forum that people are being taken to court. I suppose the worst that could happen is I have to pay the whole amount through small claims? If so, I'll ignore. However I don't want to end up paying costs or similar!
The reason I asked whether I can appeal is that parking eye don't have mitigating circs as a reason so I didn't think I had a shot. And it would be identifying myself to them wouldn't it?
Oh, and if I get another letter I will be able to identify it, should I return it as not known at this address?
Thanks! I know there are loads of threads on this but after posting on one I was advised to start my own!

edward123

Redhead1234 wrote: »

It seems from reading this forum that people are being taken to court.

Not yet. PE are, apparently, issuing more court papers but we have yet to see if they carry right through, especially when the defendant has a robust defence.
Basically in my opinion, based on 'learned' others who I have read here on this forum, it best to do a 'soft' appeal to PE and when they reject that, as they will, appeal to POPLA with help from here. The likelyhood this will get the ticket cancelled and so end the matter.
Whatever you chose please tell us and then help with drafting the above will no doubt be given.

Stroma

Worse case scenario would be the whole amount which is £100?? Plus any costs of about £50-£70 and that would be it. But if they did make a claim it can be defended, and its not likely that they would proceed with a strong defence entered.

But don't return mail to them like that because they will proceed to a claim I can guarantee it.

One other thing remove the information in the last paragraph of your first post, it helps identify you

Redhead1234

Ahhhhh I can't decide whether to appeal or ignore

Stroma

You have time to decide, don't make a decision right now, look at some threads here about it, also look on https://www.pepipoo.com as well, they by the way will help you with a popla appeal, or if necessary a defence at the small claims.

Redhead1234

Oh I have also found my receipt from my shop that day. It obviously doesn't show I was in the shop for over two hours but it does demonstrate that I shopped there on that day. I don't know if that would help in an appeal.