Parking eye

Daveybouy_2

Hi all,

Sorry if this an all to familiar question, but I've recieved a parking eye ticket for overstaying the supposed 2 hour limit at membury services on the m4. Ignored it so far and have now recieved the upped ticket of £100. I've been told by friends that just ignoring them will do the job but just want to make sure that is the case.
Any advice will be appreciated.
Thanks

Coupon-mad

You should not have ignored it. That's old advice and your friends are wrong because Parking Eye now do sometimes take cases to a small claim (defendable but less easy for you than trying to appeal it and get it cancelled). I am guessing the second letter says they 'have established registered keeper liability'?

Even though you are late with it, I would send a challenge now which is what we advise, particularly if you were a customer at the services (of course the driver was having a meal whilst parked for only 2 hours, the driver DID top up the car with air and water and get petrol as well DIDN'T THEY?).

See Muffin the Mule's thread here where I posted some info to use against any fake PCN in a Motorway Services area ('MSA'):

https://forums.moneysavingexpert.com/discussion/4691063

You may see on other threads that we normally advise a 'soft' appeal (short and sweet) but if I were you I would do a stronger one mentioning that 'the driver' was a genuine customer having a meal in KFC or Burger King (yes the driver' did, remember?!!) and saying that as you are the registered keeper and hearing about this after the event you do not believe that Parking Eye have shown you sufficient evidence at all that the driver actually parked in the main car park for over two hours at all.

Since the driver also filled the vehicle up with petrol and topped up with air and water too, this time plus the time taken to drive in, find a space & park up and then the time taken to queue to leave the car park would explain the apparent overstay - which you deny liability for. As any vehicle is allowed to be actually parked for a full two hours to allow drivers to have a full two hours rest (as the Dept for Transport require) then a pay and display car park would be much more appropriate in this place. Cameras recording cars driving in and out does not show parking time within the car park and does not take account of queuing at the petrol station, getting petrol/water/air nor does it allow a grace period to arrive and find a space when driving in, then the time taken to leave, none of which can be the subject of enforcement. In addition, the driver saw no signs which would have alerted them to any charge for 'breach' and in addition, all traffic signs in a Motorway Service Area have to comply with the TSRGD 2002 which you do not believe Parking Eye signs do.

Read Muffin the Mule's thread to understand that I think a person's challenge position in a 'MSA' is very strong. Draft a letter replying to the Notice to Keeper only (do not mention the second letter) and send it NOW as you are already late. If you can email it then do so but do not change the wording and make sure you refer to the driver in the third person (not 'I'!!).

Please don't delay, no looking for replies over a period of days trying to perfect the challenge, get it sent now. This is only an early stage and I am hoping PE will send you a POPLA code for the second stage appeal even though you are a little late. If so please come back as you will need to perfect that stage challenge (worded differently).

Lampyboon

Hi, I'm a newbie here and have just joined the forum to post this. I had a parking charge once and took advice to ignore it. After about 8 letters/threats, they gave up and didn't take it further.
Last year, I received another parking charge notice, this time from Parking Eye, and took the same approach - except this time (poss due to new registered keeper rules) they have taken it further and are taking me to court (Northampton Bulk Court). I once did a Law of Contract module at college and have researched this recently. I cannot see how they can legally ask for the charge (£85 or £50 if paid within 14 days of date of issue). I am in breach of contract and so the other party can sue for damages in relation to any loss they have suffered. No loss or damages have been asserted or proved and there was no financial loss as it was free parking for the first 2 hours.
If the £85 is their 'loss', how could it reduce to £50 if paid promptly? It was clearly a 'threat to deter excess parking' and as such constitutes an unlawful penalty clause intended to 'frighten or intimidate' and is therefore unenforceable. (I have court case references for these points).
I'm fully prepared to go to court and be militant about this as I feel these charges are unfair and shouldn't be allowed. My main question is - do I have a case and should I offer to pay their court costs and £10 admin costs as a goodwill gesture or should I not offer to pay them anything in case it harms my defence?
Deadline for paperwork to get to them is fast approaching.
I'm not a solicitor and am feeling a bit out of my depth and any advice would be very, very much appreciated!

The_Slithy_Tove

Lampyboon wrote: »

I'm not a solicitor and am feeling a bit out of my depth and any advice would be very, very much appreciated! I

Post a new thread on Pepipoo (don't hijack an existing one), with your predicament. There are quite a few PE court case threads ongoing, so therefore quite a bit of experience building up. Someone there should be able to pick up your case for you.

Lampyboon

OK, will do, thanks.