parking eye fine(first ever)

MEMBER02

just received a parking fine notice for overstaying in our local farmfoods car park by 17 minutes,they want £75 reduced to £45 if paid within 14 days,im not disputing the fact i overstayed but i read that these fines are not enforcable,if i dont pay it what is likely to happen?any advice is welcomed

Umkomaas

Do NOT ignore!

A couple of questions first:

Date of parking event?
Date of Notice to Keeper?

Buzby

I say ignore - doubly so in Scotland. Completely unenforceable, there is no loss in a free car park. You'll get around 5 begging letters and that's about it. POPLA is an additional hoop that some like to go through, but it means needless busy work for the same result as their findings aren't binding on you and you then have already started a correspondence chain.

Incidentally, it s not a fine - just an invoice, and if you feel it was sent unfairly (perhaps you were unaware of the time limit?) then this means you did not enter into any contract.

MEMBER02

Umkomaas wrote: »

Do NOT ignore!

A couple of questions first:

Date of parking event?
Date of Notice to Keeper?

parking event=3/8/2013
notice to keeper=7/8/2013
received letter today 10/8/2013
also there is photo evidence and says discount applies if paid 14days of dates issued: 21/8/2013 to pay by

Umkomaas

Buzby wrote: »

I say ignore - doubly so in Scotland. Completely unenforceable, there is no loss in a free car park. You'll get around 5 begging letters and that's about it. POPLA is an additional hoop that some like to go through, but it means needless busy work for the same result as their findings aren't binding on you and you then have already started a correspondence chain.

Incidentally, it s not a fine - just an invoice, and if you feel it was sent unfairly (perhaps you were unaware of the time limit?) then this means you did not enter into any contract.

Definitely NOT current advice as far as PE is concerned. Whilst POPLA is undoubtedly a bit of a hassle, but with an all but guaranteed outcome with a forum-guided appeal, the hassle of court papers (which PE are sending out by the barrow-load) is significantly greater, requiring a higher degree of defence writing than a POPLA appeal with the outcome much more akin to Russian Roulette.

I didn't spot the OP was Scotland-based, but if so then you can follow Buzby's advice. Please clarify.

MEMBER02

im NOT in scotland

Umkomaas

MEMBER02 wrote: »

im NOT in scotland

Thanks for that clarification. Then my advice is DO NOT ignore PE. I understand that Buzby's might sound the most comfortable (yep, the bogeyman in the bedroom does indeed go away if you hide your head under the quilt) - but this isn't kids' games!

I think YOU have to make your own mind up about conflicting advice here. It's not for me to tell you how to proceed - after all Buzby has 10 times the number of posts than I do.

Use the weekend to do a bit of research around this forum. Put Parking Eye into the search engine above and read threads from the past few weeks. I'll start you off with one:

https://forums.moneysavingexpert.com/discussion/4660007

Also, try Googling ParkingEye.

After you've done your research (which you are going to have to do if you want to tackle this head-on), if we hear no more from you, that's fine and understand you've gone with Buzby's advice.

But do feel free to come back after your research if you decide otherwise.

MEMBER02

Umkomaas wrote: »

Thanks for that clarification. Then my advice is DO NOT ignore PE. I understand that Buzby's might sound the most comfortable (yep, the bogeyman in the bedroom does indeed go away if you hide your head under the quilt) - but this isn't kids' games!

I think YOU have to make your own mind up about conflicting advice here. It's not for me to tell you how to proceed - after all Buzby has 10 times the number of posts than I do.

Use the weekend to do a bit of research around this forum. Put Parking Eye into the search engine above and read threads from the past few weeks. I'll start you off with one:

https://forums.moneysavingexpert.com/discussion/4660007

Also, try Googling ParkingEye.

After you've done your research (which you are going to have to do if you want to tackle this head-on), if we hear no more from you, that's fine and understand you've gone with Buzby's advice.

But do feel free to come back after your research if you decide otherwise.

Thanks for youre advice,ive never been in this situation before and are unsure what to do,do i pay up£45 before 21st?or appeal(dont know what grounds i have)?my wife is in bad health and dont want the worry or stress on her,but i do beleive in fairness and the advice of posters on here

Umkomaas

MEMBER02 wrote: »

Thanks for youre advice,ive never been in this situation before and are unsure what to do,do i pay up£45 before 21st?or appeal(dont know what grounds i have)?my wife is in bad health and dont want the worry or stress on her,but i do beleive in fairness and the advice of posters on here

Ah, the 'discount period' - designed to pressurise you more to part with your cash. Cheaper than the full charge, but a whole lot dearer than paying nothing at all.

You do have to make the choice in how you want to proceed, all we can say is that we've helped many more to avoid the charge than those who've taken our advice and who have finally had to pay the charge.

Take some breathing space over the weekend before deciding how you want to go with this.

Guys_Dad

On Monday, if you have the time, check with the local council to see if there are any planning consents in operation for the car park as far as free parking time goes.

At the same time, see if you can find out who the actual landowner is.

And you need to see if the signs are compliant with the BPA Code of practice - see here http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf They have a section on what is needed and also an appendix laying out the sin requirements.

You need to appeal to the parking company. It will almost certainly be refused. Write something like the following.

"As keeper, I am appealing on behalf of the driver.

The driver reports that they did not see the reference to the parking time limit and contends that this is as a result of the signage being inadequate. Had they seen reference to a maximum parking limit, they would not have overstayed. This is the driver's true opinion.

You may disagree. In the event that you do, please send a POPLA code so that we may have an adjudication. Or you may cancel the charge, of course."

MEMBER02

thanks for youre help guys very much apreciated,so im guessing the way forward is a popla appeal?if so is there any letters to copy?and what grounds is best to appeal,i admit i overstayed by 17 mins i had my wife with me who is slow getting about due to disabilities,can not prove i visited shop as i paid cash and no longer got receipt.