Parking Eye at Welcome Break

cherrydiva

I have read lots of threads on here about parking eye and it seems a bit mixed as to what to do if you get a parking charge notice. Some seem to say ignore and others say they do take matters further.

Can anyone clarify whether I should ignore it or use a template letter for disputing it.

My son was driving home to Scotland in my car, stopped at a Welcome break in England due to being tired, slept in the car and left 7hrs later. The fine is £100 (£60 discounted). I've looked up the website for the Welcome break; the first 2 hours are free, then £8 for cars. The car park was pretty empty and my son says no signs to state about paying only ones about where certain types of vehicles should go. I have downloaded photos for the entrance to the car park which show no signs about paying.

Am I correct in saying I can't use "I was not the driver of the above car at the time the ticket was issued and am therefore not liable to pay your invoice" as although I am in Scotland the ticket came from England.

Is it reasonable enough to object to paying because of lack of sign age. It was also night time and dark. I could also add in the letter that he is a student and cannot afford to pay plus he did the sensible thing in pulling over to rest rather than drive when tired.
not sure if those are valid reasons for objecting to pay.
Thanks for any guidance.

Stroma

Please don't ignore this as parking eye are taking people to court in a limited fashion. You've also identified yourself on a public forum as they monitor this site looking for victims to take action against.

A couple of things though, is your son over 18 years old ? Did you receive the notice to keeper within 14 days of the parking incident? Is the vehicle registered to a Scottish address ?

Thanks

cherrydiva

Stroma wrote: »

A couple of things though, is your son over 18 years old ? Did you receive the notice to keeper within 14 days of the parking incident? Is the vehicle registered to a Scottish address ?

Thanks

Yes to all those questions

Stroma

Well as your vehicle is registered in Scotland I'm not sure you can use Popla as you are outside of where popla operates. And as a Scottish resident they I don't believe can take you to the sheriffs court using keeper liability under the Protection of Freedoms Act 2012 as it is not law under Scotland.

My thinking is to ignore this unless court papers arrive. But I know some on https://www.pepipoo.com say to put a rigorous challenge to them and be shown to be proactive on this. I am not sure that is the correct thing to do in this case, you can ask the users there what they think.

There is another way and that is to offer Welcome Break their loss plus a small admin fee, so £10-£15 should cover it, if they refuse then you can show that this is all about the penalty charge that their agents parking eye want.

One thing we all agree on is not to pay this unlawful penalty charge!

Guys_Dad

Interesting one. Does POFA/POPLA apply to where the contravention occurred or where the keeper is resident? I don't actually know myself.

And the PPC could pursue it through the courts, get a notice issued from Northampton and if you ignored it, then I presume you would receive a CCJ.

bazster

I don't know either. Anyone?

Stroma

No this is Scotland, small claims are in England and Wales (N Ireland? ) only. And you don't get CCJs in Scotland , I think they are called Decrees.

I did see something on pepipoo about 3-4 weeks ago and forgot to subscribe to the thread. Parking Eye relies on pofa 2012 and the small claims, none of which operate in Scotland .

cherrydiva

thanks for the replies. didn't realise couldn't appeal using POPLA if living in Scotland. Not sure what to do. Will have a look at pepipoo.

I might try the suggestion to email Welcome Break, I don't mind offering/paying £10 but £100 is just extortionate.

Coupon-mad

cherrydiva wrote: »

thanks for the replies. didn't realise couldn't appeal using POPLA if living in Scotland. Not sure what to do. Will have a look at pepipoo.

I might try the suggestion to email Welcome Break, I don't mind offering/paying £10 but £100 is just extortionate.

I am not sure, I thought you could as the incident was in England!