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ParkingEye Charge

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Philipma
Philipma Posts: 13 Forumite
edited 4 July 2013 at 10:11AM in Parking tickets, fines & parking
Hi All

I have read up all about these Parking Charges on MSE and feel that I should be ok now but still thought I would make a thread to let you know what happened and the outcome.

I received the standard ParkingEye Parking Charge letter for £100.00 for apparently parking in a Free car park at The Range in Dorchester Dorset.

What actually happened is my wife and I where driving back from Weymouth and thought we would pop into the range (it was about 10 to 5) but arrived too late as it had already closed at 4pm. We sat there for a further 15 mins deciding if to go home or go somewhere else then left.

The car park is free and we where only there for 15mins.

To then get a Parking Charge for £100 is more than stupid and to be honest upset both my wife and me quite a bit until I did some research on MSE.

So to the now, I have not got in touch with ParkingEye and will not but I do not look forward to the threatening letters I will no doubt receive. I have written to the Manager of The Range explaining why we had come to the car park to visit the store not realising it was closed. I have also copied this letter to my local MP and also written to my local MP about the matter.

It is really amazing that these tactics are allowed to happen.

I just wanted to check nothing has changed and that I should just ignore the letters as the charge is not enforceable in the court of law and that they can not place CCJ's against our names?

Thanks in advance for help and any help in the future.

Philip
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Comments

  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    edited 4 July 2013 at 10:56AM
    Best not ignore, ParkingEye have been issuing court papers to hundreds of people in recent months. But this charge is absolutely not enforceable. How could the idiots possibly claim that you cost them £100 by parking in a free car park for just 15 minutes outside a shop that was bloody closed? The only way they could get a CCJ registered against you is by (i) taking you to court (ii) winning and (iii) you failing to pay what the court orders. Not going to happen on this evidence!

    First thing: the notice you received in the post, was it dated - or did you receive it - within 14 days after the day your car was parked there?

    What stupid reason does the Notice give for it's issue? (Although if it's a standard Parking Eye notice it doesn't, it just says it could've be this or it could've been that). Does the notice show that you were only there for 15 minutes? (they usually show the arrival and departure times).

    Your next step will be to send a challenge to ParkingEye, we can help you write it once you've answered the above questions.

    You should also write to the CEO of The Range in the strongest possible terms. Make sure you tell him that you are disgusted, you will never shop at The Range again, and you will make sure none of your friends or family will do so either:

    Chris Dawson,
    C.E.O.,
    The Range,
    Tamar House,
    Thornbury Road,
    Estover,
    Plymouth,
    PL6 7PT

    Also go to The Range's Facebook page and put a very strongly worded post on it.

    Finally, local papers love to get indignant over this kind of thing, you might make the headline in a slow week. I promise you it is worth contacting them, local papers are always desperate for stories:

    Dorchester Advertiser/Dorset Echo newsdesk: 01305 830999, newsdesk@dorsetecho.co.uk

    And finally finally, contact West Dorset District Council and ask them if The Range has planning permission, and is paying the appropriate business rates, for running a profit-making business in its car park (although the car park is ostensibly free, you can be sure ParkingEye is making a profit from it, they are not a charity). If you live in Dorchester or West Dorset, simply contact your District Councillor, he/she will do the running around on this one.
    Je suis Charlie.
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I've just watched a BBC 2 programme with Peter Jones (of Dragon's Den fame) interviewing entrepreneurs. Today it was Chris Dawson of The Range and the couple who own Lush Cosmetics.

    Whilst I hope you get some luck with writing to Chris Dawson, I personally wouldn't hold out much hope.

    A former barrow-boy trader, dyslexic and unable to write, has a personalised number plate on his Bentley DE11 BOY and openly admitted that his business model is based on sheer greed.

    As well as his Range stores he is moving into offering other businesses loans at huge interest rates, with their premises used as guarantees. He is always looking to diversify his business portfolio with the sole aim of increasing his personal wealth (maxing his greed) - I'm more than surprised he hasn't opened his own PPC. Seems to me that The Range and PE are very happy bedfellows.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Umkomaas wrote: »
    Whilst I hope you get some luck with writing to Chris Dawson, I personally wouldn't hold out much hope.

    I'm sure he will just get a brush-off, but if enough people do this it will eventually dawn on the greedy pig that PE is hitting him in the pocket.
    Je suis Charlie.
  • Philipma
    Philipma Posts: 13 Forumite
    Wow thanks I will try all of that.

    For your questions:

    The letter is dated 28th June 2013 received in post yesterday.
    The letter shows pictures of me going in and out and states times in 16:59:12 and out 17:17:35.
    The date of the offence is 3rd March 2013 but they have only just written to me.
    I have uploaded the notice to photobucket but as a new user am not able to post the link.

    If you could help with a challenge to ParkingEye that would be great thanks.

    I have written to the Range in Dorchester but I will also write to the CEO thanks.

    I will also try writing to the Dorset Echo thanks.

    Thanks for the help makes me feel a lot better that I can fight this.

    Thanks
    Philip
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    edited 4 July 2013 at 11:56AM
    Dear Idiots,

    Thank you for your communication dated ##/##/####, your ref ???????.

    The keeper rejects all liability for this charge on the following grounds:

    - Your notice is well outside the timescales set out in the Protection of Freedoms Act 2012, therefore the keeper cannot be held liable for this charge;
    - The driver of the vehicle contravened no terms of the alleged contract. Your own Notice shows that the vehicle was only there for 18 minutes - in a car park which offers free parking for up to two hours! Futhermore, although the occupants of the vehicle wished to shop in The Range, this was impossible because it was CLOSED!

    If you wish to pursue this ridiculous claim any further, send me a POPLA code as required by the BPA Code of Practice. Be advised that (i) failing to comply with a code of conduct to which you have committed would be an offence under the Consumer Protection from Unfair Trading Regulations 2008 and (ii) your failure to send a POPLA code will indicate your acceptance of this challenge.

    You will now be reported to DVLA for alleging keeper liability when no such liability exists in the light of your preposterously out-of-time notice. You will be aware that the DVLA takes a very dim view of false allegations of keeper liability and has been known to suspend access to the DVLA database.

    Yours,

    Mr. R. Keeper
    Je suis Charlie.
  • Coupon-mad
    Coupon-mad Posts: 152,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Philipma wrote: »
    Wow thanks I will try all of that.

    For your questions:

    The letter is dated 28th June 2013 received in post yesterday.
    The letter shows pictures of me going in and out and states times in 16:59:12 and out 17:17:35.
    The date of the offence is 3rd March 2013 but they have only just written to me.
    I have uploaded the notice to photobucket but as a new user am not able to post the link.

    If you could help with a challenge to ParkingEye that would be great thanks.

    I have written to the Range in Dorchester but I will also write to the CEO thanks.

    I will also try writing to the Dorset Echo thanks.

    Thanks for the help makes me feel a lot better that I can fight this.

    Thanks
    Philip



    So you need to use the strong complaint templates linked in post #3 here:

    https://forums.moneysavingexpert.com/discussion/4687011

    Don't stint on the complaints, this fake PCN is out of time and the DVLA complaint has clout. Copy the complaints to the Echo and the Range and your MP and Trading Standards too, why not. Broadsword's wording to the DVLA (on the pepipoo thread linked there) is a must.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Philipma
    Philipma Posts: 13 Forumite
    Thanks very much I will send this on today.

    Posted on the Range FB page now to and sent an email to the Echo. I feel a lot better now thanks.

    Philip
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    edited 4 July 2013 at 11:59AM
    email to DVLA (hugh.evans@dvla.gsi.gov.uk):

    Dear Sir,

    As registered keeper of vehicle registration ### #### I recently received a notice from ParkingEye Ltd. making allegations concerning a parking charge of £100 and requiring payment from me as the registered keeper of the vehicle. You can see the notice here: {url wherever you uploaded it}.

    As you can see, this notice is a long, long way outside of the timescales prescribed by POFA 2012 hence the keeper cannot be held liable for this charge.

    I am aware that it has been DVLA's policy to suspend parking companies from access to your database if they allege keeper liability where none exists. I therefore look forward to hearing from you that you have so suspended ParkingEye, and for how long.

    Please note carefully: this communication is for DVLA only. You do not have my permission to forward it, or its substance, or my personal details, to the BPA or any other third party. Responsibility for the DVLA's compliance with the Data Protection Act lies solely with the DVLA and I therefore expect you to deal with this matter yourselves and take the necessary action.

    Be aware that I have copied my MP on this correspondence.

    Yours,

    Philip #######



    Edit: or see the longer DVLA complaint linked to by C.M. above, up to you.
    Je suis Charlie.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    I'm a little bit annoyed with The Range. Hope it didn't show!
    Je suis Charlie.
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bazster wrote: »
    I'm a little bit annoyed with The Range. Hope it didn't show!

    Whatever would make us think that? :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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