Parking Eye PCN

softmachine

Hi All!

I have read extensively on these threads but would still appreciate some advice.

I have very recently received a PCN from Parking Eye for £100 (reduced to £60 if settled within 14 days). The general concensus here would be to ignore it BUT:

- it was not a simple case of overstaying on a free car park (as many of these posts are)
- Parking Eye seem to be the one company who have, since the rules changed slightly in Oct 2012, become more aggressive and started successfully taking some people to court.

This is what happened:
My family and I had arranged to meet with a couple of friends to go hillwalking from a car park in another town that they had visited before but we hadn't. We entered the car park and sat and waited for them for half an hour until they texted to say they had arrived - at ANOTHER car park. Once we had realised our mistake we drove to the other car park to meet them, parked up and paid for the full day. Our PCN was issued from the FIRST car park where we had not bought a ticket. We were unaware we were on camera.

The PCN identifies our car but not the driver. Up until Oct 2012 this was grounds enough to go down the ignore route until the the action would fizzle out. It seems that since the rules changed in Oct 2012 we have three options:

1) Contact Parking Eye, pointing out our honest mistake, obtain a POPLA number and start to prepare our defence.

2) Ignore all correspondence until a small claims court action arrives and then prepare our defence.

3) Pay up.

I'm inclined to do either of 1 or 2 but am in some confusion as to what would give us more chances of winning. What I would like to know is this:

Can we defend our case in court at all if we didn't buy a ticket?

The only defence available to us seems to be that the fine is utterly disproportionate to our stay (£100/£60 for 30 mins). On the PCN it doesn't actually state that a ticket wasn't purchased, just that we 'did not purchse the approppriate parking time or remained at the car park for longer than permitted'.

What are the chances of us being taken to court in the first place? Does anyone have any numbers on this? It seems to be increasingly likely since Oct 2012.

Have Parking Eye only won court cases where the defendent offered NO defense so they won by default, or have successful rulings been made in the company's favour despite the driver being represented?

If successfully sued by Parking Eye, would additional costs be added to our PCN? What could we end up paying?

I'd be very grateful for any advice anyone may have, particularly with respect to Parking Eye's recent more aggressive court strategy.

Many thanks!

Guys_Dad

Actually, all of your answers are available in other threads on page 1 !

Parking Eye will issue court papers. Sometimes they don't turn up but we would be deceiving you if we were to say that they never win. They claim a number of winning cases.

The point is that you stand a better chance of winning with one of our 3 major appeal points (No contract, signs and not a true pre-estimate of costs) at POPLA. There is no downside to going the POPLA route. It is free for you and costs them more than they would win in court.

Yes, if you lost there, and you are only likely to do that if you screw up your POPLA appeal, you could be landed with slightly higher costs at court.

Now I am a fairly cautious individual, but I would willing take the chance and go for POPLA.

zzzLazyDaisy

softmachine wrote: »

Hi All!

I have read extensively on these threads but would still appreciate some advice.

I have very recently received a PCN from Parking Eye for £100 (reduced to £60 if settled within 14 days). The general concensus here would be to ignore

You must have been reading old threads as the advice has been DO NOT IGNORE for at least 6 months!

You can see this PCN off easily by making a 'soft appeal' to the PPC to obtain a POPLA code and then a robust appeal to POPLA.

I certainly wouldn't run the risk of this going to court - PE are the most aggressive litigants of all the PPCs, and why take the risk of losing in court when you have 100% prospect of success at POPLA provided you follow the advice on the threads?

D

softmachine

Many thanks for your responses!

I'm not sure of the '100%' chance of success with POPLA. It seems that the grounds for appeal at POPLA are very narrow and the winning cases tend to be ones where there was no actual charge for parking but the drivers slightly overstayed their 'free' parking time, the signage was incorrect, or they made a successful appeal to the retailer on whose land they were parking.

Our case is very different. It was a ticket only car park on private land where we waited half-an-hour for friends to show up, found out we were in the wrong place and left without buying a ticket. I cannot find a single case like ours on any of these threads. Are POPLA likely to uphold a decision in our favour if we simply claim the notice is extortionate. Or would the court? (We can't check out the signage as the car park is a 6-hour round trip away).

If we do end up in court we will be be faced with £100 fine (plus costs?) when the fine at the moment stands at £60. I feel that, as we did not even buy a ticket, Parking Eye will be gunning for us...

Stroma

Look we win at popla 100% for a reason, and that is because we don't just appeal on one point, we take apart their whole nefarious business, and that is from no contract, to the amount demanded far exceeds the loss, we had one win yesterday from someone who didn't pay to park in the popla decisions thread.

And finally it's a no brainer as they can't increase the charge further so why not give it a try with our help

Thread link
http://forums.moneysavingexpert.com/showpost.php?p=63217172&postcount=262

Coupon-mad

softmachine wrote: »

Many thanks for your responses!

I'm not sure of the '100%' chance of success with POPLA. It seems that the grounds for appeal at POPLA are very narrow and the winning cases tend to be ones where there was no actual charge for parking but the drivers slightly overstayed their 'free' parking time, the signage was incorrect, or they made a successful appeal to the retailer on whose land they were parking.

Our case is very different. It was a ticket only car park on private land where we waited half-an-hour for friends to show up, found out we were in the wrong place and left without buying a ticket. I cannot find a single case like ours on any of these threads. Are POPLA likely to uphold a decision in our favour if we simply claim the notice is extortionate. Or would the court? (We can't check out the signage as the car park is a 6-hour round trip away).

If we do end up in court we will be be faced with £100 fine (plus costs?) when the fine at the moment stands at £60. I feel that, as we did not even buy a ticket, Parking Eye will be gunning for us...

Your case is not different.

We have won every appeal case where we've assisted people since Easter (for SIX MONTHS!) which was around the time we sussed how to win at POPLA. This includes cases where people have not paid for a ticket as they didn't realise they had to. It really is 100% success rate and certainly with Parking Eye who are a cinch to beat at POPLA.

Your grounds for appeal at POPLA are NOT restricted:

http://parking-prankster.blogspot.co.uk/2013/05/secret-reasons-you-can-use-in-your.html

POPLA appeal guidance, go on do it (BUT NOT by saying 'awwww, the charge is extortionate')!

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

That is how to win at POPLA. You'd be mad not to, especially as if you did somehow lose, you can still roll over and pay if you are that keen to fund the next scam PCN.

softmachine

Many thanks for your lightning fast responses, Stroma & Coupon-Mad!

So the first step is a 'soft appeal' to the PPC, Parking Eye to receive the customary appeal-rejection and a POPLA reference code? It seesm it doesn't matter too much what's in this as long as I'm not too technical, don't name anyone as the driver and pick up the POPLA code. Is that right? I've edited a copy from another very recent thread, adopting some suggestions for improvement already posted there.

RE: APPEAL AGAINST PARKING CHARGE NOTICE REF: xxxx
Dear Sir/Madam,

I am writing to appeal against a parking charge notice which relates to the above reference number.

The alleged parking breach relates to the driver of the vehicle entering the car park on XXXX Road in XXXX on DATE at TIME and leaving on the same day at TIME, with a total duration of XXX minutes between entering and exiting the car park.

On the day in question the driver of the vehicle entered the car park to meet with the occupants of another car in order to park there under a full-day ticket to spend the day in the locality. After approximately half-an-hour of waiting, the driver received a text from the occupants of the other vehicle stating that they had already arrived, parked and paid in a different car park several miles away. The driver, realising the mistake, then left the car park drive to the proper meeting point.

This appeal to Parking Eye Management against this alleged parking breach is based on the following:1. The driver entered the car park with full intention to purchase a whole-day ticket but had made an honest mistake in selecting the wrong destination for the journey.

2. The vehicle in question was not occupying a marked bay during its time in the car park and none of the occupants left the car.

3. The amount charged (£100 for being in the car park for 30 minutes in this case) is not a genuine pre-estimate of loss of earnings to Parking Eye. A genuine pre-estimate of loss would the proportion of the full-hour for which the vehicle was 'parked', which is some portion of £1.80. Please can you provide a full detailed breakdown of the £100 charge relating to the 30 minutes that the vehicle was in the car park?

Please accept this as my formal appeal to Parking Eye Car Park Management; I would appreciate a reply as soon as possible. In the unfortunate event of rejection of this appeal, I would appreciate the information requested above and a POPLA reference number.

Yours sincerely,

I'd be more than grateful for any more suggestions and expert advice you might provide.

Many thanks again!

Coupon-mad

RE: APPEAL AGAINST PARKING CHARGE NOTICE REF: xxxx
Dear Sir/Madam,

I am writing to appeal against a parking charge notice which relates to the above reference number.

The alleged parking breach relates to the driver of the vehicle entering the car park on XXXX Road in XXXX on DATE at TIME and leaving on the same day at TIME, with a total duration of XXX minutes between entering and exiting the car park.

On the day in question the driver of the vehicle entered the car park to meet with the occupants of another car in order to park there under a full-day ticket to spend the day in the locality. [STRIKE]After approximately half-an-hour of waiting,[/STRIKE] Then the driver received a text from the occupants of the other vehicle stating that they had already arrived, parked and paid in a different car park several miles away. The driver, [STRIKE]realising the mistake,[/STRIKE] then left the car park drive to the proper meeting point, having at no point parked nor left the vehicle nor entered into any 'parking contract' with Parking Eye.

This appeal to Parking Eye [STRIKE]Management[/STRIKE] against this alleged parking breach is based on the following:

1. The driver entered the car park with full intention to purchase a whole-day ticket but in the event, decided not to stay and park at all. [STRIKE]had made an honest mistake in selecting the wrong destination for the journey. [/STRIKE]

2. The vehicle in question was not occupying a marked bay during its time in the car park and none of the occupants left the car.

3. The amount charged [STRIKE](£100 for being in the car park for 30 minutes in this case)[/STRIKE] is not a genuine pre-estimate of loss of earnings to Parking Eye. [STRIKE]A genuine pre-estimate of loss would the proportion of the full-hour for which [/STRIKE][STRIKE]
the vehicle was 'parked', which is some portion of £1.80.[/STRIKE] [STRIKE]Please can[/STRIKE] I require that you provide a full detailed breakdown of the £100 charge relating to the [STRIKE]30[/STRIKE] minutes that the vehicle was in the car park?

Please accept this as my formal appeal to Parking Eye [STRIKE]Car Park Management;[/STRIKE] I would appreciate a reply as soon as possible. In the unfortunate event of rejection of this appeal, I [STRIKE]would appreciate[/STRIKE] require the information requested above and a POPLA reference number.

Yours sincerely,



It would do the job to get a POPLA code - and glad to see it in your own words and written about the driver in the third person - but I don't like to see any admissions nor overly polite wording to this bunch.

I have struck out any admissions and reference to 30 minutes (no need to make their case for them); just call it 'minutes' or don't mention the timing. I have crossed out reference to PE being anything to do with Car Park Management (because they are not, despite their name!). And would suggest the other crossed out parts to lose the 'please/appreciate' (overly polite in addressing a scam) wording!

softmachine

Thanks so much, Coupon-Mad! I'll fire this off the PE and wait for the inevitable rejection and POPLA code...

Cheers!:D

softmachine

I've just received the inevitable appeal rejection letter and POPLA code from Parking Eye. With regard to the details of my case (which are posted earlier on in this thread) I'd be really grateful for any advice from the forum experts on how best to proceed with my POPLA appeal in order to win this case...:D

softmachine

Hi All Forum Experts!

I would really appreciate some advice on how to word an appeal to POPLA. I've already had the inevitable appeal rejection from Parking Eye and have about ten days now to get my POPLA appeal in.

I initially asked for advice about 10 days ago but then my thread fell worryingly silent... Help!

My rejected appeal, including the details of my case, are included below.


RE: APPEAL AGAINST PARKING CHARGE NOTICE REF: xxxx
Dear Sir/Madam,

I am writing to appeal against a parking charge notice which relates to the above reference number.

The alleged parking breach relates to the driver of the vehicle entering the car park on XXXX Road in XXXX on DATE at TIME and leaving on the same day at TIME, with a total duration of XXX minutes between entering and exiting the car park.

On the day in question the driver of the vehicle entered the car park to meet with the occupants of another car in order to park there under a full-day ticket to spend the day in the locality. Then the driver received a text from the occupants of the other vehicle stating that they had already arrived, parked and paid in a different car park several miles away. The driver, then left the car park drive to the proper meeting point, having at no point parked nor left the vehicle nor entered into any 'parking contract' with Parking Eye.

This appeal to Parking Eye against this alleged parking breach is based on the following:

1. The driver entered the car park with full intention to purchase a whole-day ticket but in the event, decided not to stay and park at all.

2. The vehicle in question was not occupying a marked bay during its time in the car park and none of the occupants left the car.

3. The amount charged is not a genuine pre-estimate of loss of earnings to Parking Eye. I require that you provide a full detailed breakdown of the £100 charge relating to the 30 minutes that the vehicle was in the car park?

Please accept this as my formal appeal to Parking Eye I would appreciate a reply as soon as possible. In the unfortunate event of rejection of this appeal, I require the information requested above and a POPLA reference number.

Yours sincerely,