Parking Eye Penalty

bulletooth_24

Hello Everyone,

I just wanted some advice on how I should go forward as I have recently received a parking notice from Parking Eye. I overstayed 11 minutes in a free KFC car park where the maximum time was 90 minutes. However this over stay was due to my other half being unwell after we had eaten.

I have not appealed or written a letter. I am unsure whether to ignore Parking Eye as recent forum posts suggest that this is the wrong thing to do.

What should I do?

Many thanks and kind regards

GermanKeeper

Is this a KFC car park in England or Wales?
Do you live in England or Wales?

If the answer is 2 times "yes" then you should not ignore the parking charge notice.

Did you receive the notice within 14 days after the parking event?

Not ignoring means:
- you may ask KFC to cancel the notice
- you should appeal to PE within the time limit as explained on the PCN and ask for a POPLA code if the appeal is rejected
- if the appeal to PE is rejected, you should appeal to POPLA using the guidance here in the forum, especially you should state that the sum of 100 pounds is not a genuine pre estimate of loss.

bulletooth_24

Yes the KFC was in England and Yes I live in England.

I will write an online appeal to PE and await their response.

Many thanks for your help!

bazster

bulletooth_24 wrote: »

I overstayed 11 minutes in a free KFC car park where the maximum time was 90 minutes. However this over stay was due to my other half being unwell after we had eaten.

:rotfl: Intentional irony?

Guys_Dad

Before you appeal to Parking Eye, do have a look at some recommended appeal points.

The fact that your other half was sick after visiting KFC or not will cut no ice with them. However, being a genuine customer will, but who keeps KFC receipts?

Did you pay by card? If you did and can supply evidence, then PE do have a record of cancelling charges, so that would be my second avenue after going into KFC and getting them to tell PE to cancel the charge.

Can you just confirm the date of contravention and date on the Notice to keeper so we know we are in the POPLA window?

bulletooth_24

So you feel that I should request KFC to cancel the charge first before writing a letter of appeal to PE?

I am afraid I do not have any receipts of the purchase at KFC - sad times!

date of event was on 20/10
date issued 25/10
date received 02/11

I was going to send the following letter to PE..

I am writing to make a formal appeal with regards the above parking charge notice.

• Firstly I, the registered keeper, was not driving the car. As the registered keeper was not driving the vehicle at the time, I am not liable for any costs. Should I include this?
• Secondly the alleged breach of contract which reads 'the maximum authorised stay is 1 hours and 30 minutes' was breached by only 11 minutes due to a customer at KFC falling ill. Therefore the fine should be waived for this reason as the cause for delay was not in the drivers hands.
• Thirdly the charge for this breach of contract is way out of proportion in relation to the business that would have been lost. - should I include this?

Thank you guys in advance...I am confused with most about traffic PCNs.

Coupon-mad

So you feel that I should request KFC to cancel the charge

first before writing a letter of appeal to PE?

Yes that's what the 'sticky' (permanently stuck at the top) info threads at the top of the forum tell you:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Read the 'Successful complaints about PPCs' one, links and all.

And if KFC or the overall Retail Park management don't cancel it, then do the PE appeal online in time, but more like:









I am writing to make a formal appeal with regards the above parking charge notice.

• [STRIKE]Firstly I, the registered keeper, was not driving the car. [/STRIKE] [STRIKE]As the registered keeper was not driving the vehicle at the time, I am not liable for any costs. Should I include this?[/STRIKE]

(wrong, you haven't read current posts, the rk can be liable now under POFA 2012 which you can read about on LOTS of threads)

• [STRIKE]Secondly[/STRIKE] The alleged breach of contract which reads 'the maximum authorised stay is 1 hours and 30 minutes' was allegedly breached by only 11 minutes due to a customer at KFC falling ill. Therefore the fine should be waived for this reason as the cause for delay was not in the drivers hands and any breach is denied seeing as you are relying on cameras at the entrance and have no evidence of parking duration.
• [STRIKE]Thirdly [/STRIKE] The charge for this breach of contract is way out of proportion in relation to any genuine pre-estimate of loss. I have complained to the Retail Park and to the CEO of KFC.

Guys_Dad

Coupon-mad wrote: »

Yes that's what the 'sticky' (permanently stuck at the top) info threads at the top of the forum tell you:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Read the 'Successful complaints about PPCs' one, links and all.

And if KFC or the overall Retail Park management don't cancel it, then do the PE appeal online in time, but more like:









I am writing to make a formal appeal with regards the above parking charge notice.

• [STRIKE]Firstly I, the registered keeper, was not driving the car. [/STRIKE] [STRIKE]As the registered keeper was not driving the vehicle at the time, I am not liable for any costs. Should I include this?[/STRIKE]

(wrong, you haven't read current posts, the rk can be liable now under POFA 2012 which you can read about on LOTS of threads)

• [STRIKE]Secondly[/STRIKE] The alleged breach of contract which reads 'the maximum authorised stay is 1 hours and 30 minutes' was allegedly breached by only 11 minutes due to a customer at KFC falling ill. Therefore the fine should be waived for this reason as the cause for delay was not in the drivers hands and any breach is denied seeing as you are relying on cameras at the entrance and have no evidence of parking duration.
  
  In addition, can you confirm that planning permission was granted to change this from an unrestricted car park to one where a time limit was introduced? Either the planning consent number or date of consent would be acceptable, as my initial research has failed to find any such application.
• [STRIKE]Thirdly [/STRIKE] The charge for this breach of contract is way out of proportion in relation to any genuine pre-estimate of loss. I have complained to the Retail Park and to the CEO of KFC.

I suggest the additional point as well.