Parking Fine From ParkingEye From Comfort Inn-Help!

shopaholicno1

We stayed at Comfort Inn a few weeks back, during our visit to Legoland.

We booked on Legolands website, and parking was included in the hotel/legoland deal we bought.

We got to the hotel,said are we ok parked where we were-yes all fine. Didmt ask for our car reg etc.

Anyway, just got a letter from Parkingeye, saying they ae charging us a £100 fine for parking there!

Contacted hotel, awaiting a manager to call back.

What else can I do over this?

Please help!

bazster

Do you have paperwork confirming that parking was included?

Did the ParkingEye notice arrive in the 14 days following the alleged contravention?

If you don't get anywhere with the hotel manager, tell him you will put a stinking review on Trip Advisor - and do so!

shopaholicno1

Hi,
our booking confirmation doesnt mention the parking-but its plastered all over the legoland site, saying parking is included, and free parking-is that enough evidence if i do a screen grab of that?

It didnt arrive within 14 days-does that matter?
thanks

shopaholicno1

Sorry,i do have it confirmed in writing within an attachment on the legoland booking that parking is free

bazster

shopaholicno1 wrote: »

Hi,
our booking confirmation doesnt mention the parking-but its plastered all over the legoland site, saying parking is included, and free parking-is that enough evidence if i do a screen grab of that?

It's good evidence. After all, ParkingEye try to claim that their signs constitute a binding contract, why shouldn't you do the same?

shopaholicno1 wrote: »

It didnt arrive within 14 days-does that matter?
thanks

Yes, it matters a lot. Normally it would be the driver of the car who is held liable for a parking contravention, which is a big problem for ParkingEye because they don't know who was driving. However, under certain very specific circumstances, the law purports to allow them to hold the keeper of the vehicle liable. One of those very specific circumstances is that they must deliver a very detailed Notice to Keeper to the vehicle's registered keeper, which must arrive during the 14 days after the alleged contravention. If their Notice is late then they are doomed: they can no longer hold the keeper liable, and they still don't know who was driving.

The Notice you received will have an issue date on it. Does that confirm that the notice was issued too late for it to arrive within that 14-day period? (The law presumes that delivery takes 2 working days, unless presumed otherwise). If you can't get your head around the details (it's tricky until you've got the hang of it) send me a private message with (i) the date of the alleged contravention and (ii) the issue date on the Notice, and I'll work it out for you.

In the meantime, don't respond to ParkingEye, and don't tell the hotel manager who was driving the car. Just tell him that you are the registered keeper of the vehicle.

When we're clear on the dates (and if the hotel manager doesn't get it cancelled for you) we'll tell you how to respond to ParkingEye.

Custard_Pie

shopaholicno1 wrote: »

Anyway, just got a letter from Parkingeye, saying they ae charging us a £100 fine for parking there!

Please help!

This is NOT a fine, like you get from the Police or Council traffic wardens. It is an INVOICE only claiming that you breached a presumed contract on private land. Anyone can raise an invoice, I could for my time answering this post.Getting paid and proving that the invoice amount is enforceable and reasonable is another matter.

Do, you homework and read up on here on what you want to do next.

bazster

shopaholicno1 wrote: »

Sorry,i do have it confirmed in writing within an attachment on the legoland booking that parking is free

Excellent. Let's clear up the dates, and see what comes out of your conversation with the hotel manager. Then, if necessary, we can blow them out of the water.

shopaholicno1

Thanks, very helpful!

Our car is a company car-not sure if that has a bearing on things. So my partner found out about it at work today.
I am not sure if he will feel he has to do something about it, being a work car, and all correspondence going to work-if we leave it, will they keep bugging him at work?

There is photographic "evidence" of us driving in and out in car-does this matter?

Date of "Event" 8th June (We stayed 8th/9th June 2013)

Date Issued 29th June

thanks

Guys_Dad

shopaholicno1 wrote: »

Thanks, very helpful!

Our car is a company car-not sure if that has a bearing on things. So my partner found out about it at work today.
I am not sure if he will feel he has to do something about it, being a work car, and all correspondence going to work-if we leave it, will they keep bugging him at work?

There is photographic "evidence" of us driving in and out in car-does this matter?

Date of "Event" 8th June (We stayed 8th/9th June 2013)

Date Issued 29th June

thanks

Send them this link http://www.youtube.com/watch?v=f109Brzc6Po
They have messed up. They have only 14 days to get the NTK into your hands. see here (POFA 2012) main para 9

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

You can see this one off in one hit and shouldn't even have to go through POPLA.

Something like

Name
Address

Date


Dear PPC,

Your invoice xxxxx dated xxxxx.

Your Notice to Keeper dated June 29th 2012 is outside the requirements of the POFA 2012, paragraphs 9.2 - 9,6 and therefore is unenforceable

If you disagree I require within 35 days a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA web site, further supported by the BPA Code of Practice.

You have been given the reasons above. I have nothing further to add, and will not respond to any correspondence from your company unless it contains the POPLA code.

Be aware that there will be formal complaints to POPLA and to the BPA if there is no POPLA code on any rejection that you supply.

Yours faithfully



Print Name ( don't sign )


Please also see http://www.youtube.com/watch?v=f109Brzc6Po

Oh, also inform work that you are dealing with this and that they must not pay.

I am assuming that the letter you refer to was delivered to your company's address and is addressed to them.

bazster

Fabuloso, they are up s**t creek without a paddle on this.

He should do something about it in order to remove the hassle from his employers.

Have him write to ParkingEye along these lines (if I were him I would send this anyway regardless of the outcome with the hotel manager, because he certainly doesn't want to risk his employer receiving any more stuff from ParkingEye):

Dear Parasites,

Re: your speculative invoice ref: XXXXXXXXXX

The registered keeper of the vehicle has passed your Notice to me because I am the de facto keeper of the vehicle.

I reject all liability for this spurious charge on the grounds that:

(i) Your Notice to Keeper was outwith the timescales prescribed by the Protection of Freedoms Act 2012, therefore the keeper cannot be held liable for the alleged charge;
(ii) I hold documentary evidence that parking was included in the accomodation/Legoland package which I had booked and paid for (copy enclosed).

No further correspondence will be entered into. Should you wish to pursue your hopeless cause further, send me a POPLA code per the BPA Code of Practice. Be advised that (i) failure 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 supply a POPLA code will indicate your acceptance of this challenge.

You have already breached the BPA Code of Practice by misrepresenting keeper liability where there is none which, as you know, is something the DVLA takes very seriously. This breach and any others you may commit in this matter will be reported to DVLA, BPA and Trading Standards.

Yours,

Mr. R. Keeper

bazster

Love the video G.D., perfick!