Parking Eye Further Help Please

jon_efc

Hello Everyone.

This is my first post to this forum, although i do frequently browse it. I received a parking ticket from Parking Eye for parking in **** on **th **** 2014. Apparently i was 20 minutes over the 1 hour free time.

This was in the evening, when all shops in the locality are closed, and i was actually visiting a ******. Typical hey !

I spent a lot of time, reading this forum and trying to establish the best way to deal with this company.

My friend got a parking ticket on New Years Day from G24 and sent a 3 paragraph letter, which got an instant response of "cancelled ticket"

I emailed , and also wrote to parking eye on ***th **** 2014 and the email is below. I never got a response to the email however.

---

The parking ticket was the usual, £100 parking charge amount due, discounted to £60.00 if paid in 14 days.

Time in car park : 1 Hour 22 Minutes
Arrival Time : ***
Departure Time : ****

This was sent via letter only.

jon_efc

Dear Parking Eye,

REF Number : ******

As the registered keeper, I have received your parking invoice and therefore am writing to you for numerous reasons.

Since receiving your invoice dated **/**/2014 asking for a parking charge of £100 with an optional £60 discounted price if paid by **/**/2014 I have undertaken the task to do some research on both your company and also the protocols and procedures for private parking invoices on the internet.

I have purchased both an e-Book from a gentleman named 'Parking Prankster' who dedicates his time to avoiding private parking invoices and the book is dedicated to your company as well.

LINK : ***/parking-prankster.com/court-claim.html

I have also spent many hours reading and seeking advice on Money Saving Expert Forums who have hundreds of articles of complaints and procedures from companies similar to yourselves, and including.

I have made the decision however, initially, not to follow these guides and instead be honest and follow true with you and hope that everything I have read about your company and others out there is simply internet trolling.

On the day of **/**/2014 I was in-fact attending a Jewellery Shop named '******* LTD' at the address of '*****, *******, ****'. This was a secret visit to purchase an Engagement Ring for my long term partner, out of shop hours was organised to and to make it as discreet as possible and as special as possible!

QUOTE FROM JEWELLERS : Hi Jon, I remember you from Saturday I am glad you are coming to see me and yes we can get a superb ring for your budget. Its all very exciting. I can organise a late appointment, which weekdays are best for ? I look forward to hearing from you. Kind Regards. Cathryn.

I am not from the **** Area, and moved to **** at the later part of last year from the **** to move in with my partner. As such, so far I have rarely been to **** and don't know the best areas for parking etc.

However as my job is based in the *****, and my appointment at the Jewellers for out of hours was ***pm I parked in what appeared to be the most convenient area. I was also advised that parking after ***pm didn't have a time limit or charge by the lady in the Jewellers, however I didn't see any signs from your company in the car park clearly visible due to the dark lighting, so couldn't confirm this.

I have seen the pictures in question on your invoice, and the timing don't appear to line up with the time I was in the Jewellers, as I in-fact arrived at the jewellers at **** - ****, however its less than 2 minutes walk from your car park.

At the moment however, I don't wish to accept or dispute this, I would prefer to resolve this in other areas.

My purchase for the Engagement Ring was in fact something I have been saving for a long time for, and something I still need to pay off over the next two months as the cost is over numerous thousands of pounds. To add a further cost of £100 for an apparent extra 20 minutes over your time limit in the car park would just add insult to injury. Especially as I dispute these times, and also the fact time was spent trying to read your sign which I couldn't see due to darkness.

As explained earlier, I have seen all the procedures and ways to get around these parking fines, but I hope as a company you have a bit of understanding and can be a little bit sensible here.

1. The car park was empty, so if I apparently went over your allotted time by the very small amount quoted it still wouldn't have had a detrimental impact on potential other customers.
2. It was out of hours, and shops were closed at this time, so again impact would be minimal.
3. Based on your tariff which I have since been to see, the charge per 2 hours is £2.00 and as such the apparent 20 minutes I stayed over would have only lost your company potentially 33 pence or £1.00 as an hourly rate. This is also the cost during peak time!
4. The signage was in a dark area, and I was unable to read it to a full understanding.
5. I strongly disagree on the time that you claim I was in said Car park.

I have very large bills to pay, and something like a £100 fine for parking would not only catch me out with my partner spotting it in our bill allocation, and thus questioning why I was in that location at that time, and potentially ruining a surprise! But also it would postpone the engagement further due to all current allocated wages being put towards this surprise!

I have discussed on the forums of Money Saving Expert, and I personally feel £100 for 20 minutes of apparent overtime in your car park is not a genuine estimation of loss to your company, and thus the fine is unreasonable.

I would normally aim to go down the route of complete cancellation, however on this occasion as a gesture of good will, but not acceptance of the apparent claim, I would be prepared to offer £10.00 which is 50 pence per minute for the apparent over time stayed, and 500% interest on the £2.00 you would have earned for the full 2 hours (and 3030% increase on the actual 20 minutes worked out for loss for your company), if I was able to read the signage and paid at the time.

I have included 4 photographs with this letter, which is receipt evidence that I was in fact in a shop purchasing the said items, and as explained earlier if my offer is not accepted, In future I wont be parking in your car park, nor shopping with any local shops, and this will be escalated and explained to all shops in the local area via writing, as well as potentially papers.

Please issue acceptance of the above offer, and I will pay instantly to resolve this with no further follow ups.

If you don't wish to accept this, my gesture offer will be cancelled and I will seek further legal advise, along with photographic evidence. I do hope it doesn't come to the above however, and we can resolve this amicably.

If you wish to not accept my offer of a gesture payment, please issue me with the following :

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).
If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,

xxx
*** *** ***

jon_efc

On ***th **** 2014 i got the following letter back from Parking Eye. To be honest it completely baffles me, and i'm unsure of the process to go from here?

I appreciate the forums is plastered with posts, however i am just completely unsure the route to take now with regards to this claim.

Can somebody give me a little help on this please.


Dear Sir/Madam

REJECTION OF INVALID INVOICE

With reference to your correspondence in relation to the Parking Charge incurred on **th ***** at 2014, at **:**

Parking Eye is a car park management business contracted by the owners of private land to manage its usage in line with the landowners directions.

All invoices issued to Parking Eye in relation to any alleged loss, cost or expense or payments sought in relation to payment, appeal or any other issue by motorists are categorically rejected.

You have not formed a legally binding contract with Parking Eye, under which any right to invoice for payment for goods or services may arise; therefore as stated your invalid invoice is rejected and a copy of your correspondence will be forwarded to the landowner.

Yours faithfully

Legal Services
Parking Eye Ltd.

jon_efc

I know my post is very long, and apologies for that. And i also presume the answers will be scattered in these forums somewhere?

But honestly struggling to find the answers.

If anyone can help me, that would be so appreciated ...

Thankyou !

Stroma

I would go down this route if I was you, this takes apart their scam, and is not on mitigation

Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,



{the registered keeper's name} NO NEED TO USE A REAL SIGNATURE

Stroma

Okay disregard the last post, that is what you should have sent. They have rejected your appeal, have they given you a popla code to go there?

jon_efc

Stroma wrote: »

Okay disregard the last post, that is what you should have sent. They have rejected your appeal, have they given you a popla code to go there?

Hi Stroma,

Thankyou for your reply. There is no POPLA code at all on the letter?

Stroma

Well send them a letter saying that you have appealed the parking ticket, and as they have not addressed that on their reply to you, you are giving them 14 days to either reject or accept the appeal. If they don't supply a popla code within that time period on rejection, the appeal is deemed accepted.

Remind them that you should not have to ask for a popla code, they have had instructions from the dvla that not supplying a popla code is a breach of the bpa code of practice.

Send via email and through the post with a proof of postage from the post office.

jon_efc

Thankyou Stroma,

I will write a letter shortly, and post it on here also

Do you think i have grounds to win this case?

The_Deep

That is probably because they fell asleep before getting round to issuing it.

When dealing with PPCs keep it short and keep it simple. Save your ammunition for Popla.

Stroma

Yes because of post 5 , those points raised are winning appeal points at popla, they just need to expanded upon. Your task is to get a popla code out of them.