Parking Eye - lease car - worth appealing?

UserX

I have just returned from holiday to a 'fine' from Parking Eye.

I have a car leased through Toyota, who obviously received the notice, and have charged me the privilege of £12 for forwarding it to me!

Because I was on holiday and because the notice came via a third party, I am out of time on the 'reduced' payment of £40 and PE expect £70 - for a 16 minute overstay!

I was shopping in Aldi (land owner) and because they didn't have everything I needed, I walked across their car park to go into Tesco to get the last few bits on my list. I do that every week. It is not possible to drive from Aldi car park to Tesco without pulling back onto the main road and finding somewhere to turn round and drive into Tesco via another entrance!

Toyota advise me that they have notified PE that the charge should be redirected to me but that if PE don't accept that change, Toyota will pay the charge (now £70 of course) and will invoice me.

I have receipts from both Aldi & Tesco for that day (and, indeed, for about the past 4 or 5 months, all showing that I do exactly the same thing every week. Obviously on this occasion it just took me longer!)

In addition, I am concerned that the 'photos' in the parking notice are actually so dark it is completely impossible to see the vehicle they claim them to be!

Advice please!

Redx

toyota need to be told to follow the BVRLA advice which is that they should give the keeper details to the parking company and not invoice the driver, you can claim these charges back as this is not a penalty r fine, its merely an invoice

appeal as keeper/driver to the PPC adapting the letter in the NEWBIES sticky thread

then send toyota a strong letter of complaint for not following the BVRLA advice and insist on them returning your money or you will obtain a chargeback for unlawfully charging you

these pictures are ANPR pictures, not normal pictures , so dont get sidetracked by uninformed details like how you think they should "look"

parking pranksters website has a full explanation on the use of anpr cameras

as you have receipts , why have you not complained to the landowner or retailers to get this unfair charge cancelled asap ?

I also do not believe that you have yet read through the NEWBIES sticky thread either

UserX

Thanks Redx:

Toyota told me they HAVE given my details to Parking Eye but that PE don't have to accept them. The £12 charge from Toyota - they say - is to cover their costs for doing that.

The ANPR pictures are so black it is impossible to see the vehicle they allegedly depict - how on earth am I expected to accept these of evidence of a parking overstay!

Finally:

"as you have receipts , why have you not complained to the landowner or retailers to get this unfair charge cancelled asap ?"

I'm doing so - I'd literally opened the letter, phoned Toyota, posted here - consecutively, in that order.

surfboy1

UserX wrote: »

Thanks Redx:

Toyota told me they HAVE given my details to Parking Eye but that PE don't have to accept them. The £12 charge from Toyota - they say - is to cover their costs for doing that.

The ANPR pictures are so black it is impossible to see the vehicle they allegedly depict - how on earth am I expected to accept these of evidence of a parking overstay!

Finally:

"as you have receipts , why have you not complained to the landowner or retailers to get this unfair charge cancelled asap ?"

I'm doing so - I'd literally opened the letter, phoned Toyota, posted here - consecutively, in that order.

If Parking Eye have been told by Toyota that you were the driver then they DO have to accept that ! It is not up to Parking Eye ! Have a read around the stickies and try to get your head around the POFA.

Redx

UserX wrote: »

The ANPR pictures are so black it is impossible to see the vehicle they allegedly depict - how on earth am I expected to accept these of evidence of a parking overstay!

the only way of challenging those pictures is at popla or more likely in a court of law !

my point is that I do not believe you have read parking pranksters detailed explanation of how these pictures are dealt with in the manner that they are (this so called blackness , I think you expect them to be of cctv quality or digital camera quality like you would take on holiday)

the point here is that they have sent you an invoice, this may have many things wrong , like not a gpeol , no contract with the landowner , bad signage , anpr cameras not checked properly

if you had read the NEWBIES thread you would know that you challenge them on all points of law , not just your perception of anpr cameras and the pictures they take

its not about what you think , nor about how black the pictures are, its about quashing this charge, and the best method of doing that is getting the landowner to cancel it, but appeal within the time scales too , so that hopefully they will cancel (unlikely) or you win at popla (extremely likely)

ps:- this was the correct order

I'm doing so - I'd literally opened the letter,

phoned Toyota,

READ THE NEWBIES STICKY THREAD

posted here

- consecutively, in that order.

bod1467

As said above, it is highly unlikely that the lease T&Cs cover speculative invoices from private parking companies - they will almost certianly talk about fines and penalties. (A PPC invoice is neither a fine nor a penalty).

As such their admin charge is (likely) not covered by the T&Cs, and is thus an unauthorised charge.

The BVRLA guidance issued last autumn to all members made this clear.

Coupon-mad

When you get 'your' PCN in the post, send the appeal in the NEWBIES thread and then read ahead on there too, so you know 'How to win at POPLA'.

In the meantime respond in writing or by email to Toyota telling them that in fact by passing on your name and address as driver, they have fully discharged any liability for themselves under POFA 2012 and have no business to pay it. ParkingEye have no option but to pursue the driver now and you will be appealing it and winning it seeing as the way to win at POPLA is on various public discussion forums who are fully aware of the Act.

Ask them if they would like a link when you win at POPLA because no-one should be paying these, certainly not a keeper who is not liable (effectively it is not theirs to pay now).