£90 vs £45, which number would court use on grounds of disproportionate and two trips

spider31

Hello,

I have got a parking charge notice.

Its for £90 but will get reduced to £45 if I pay now.

If I take the stance on the payment being dispreprosonate what number should I be working with? I think the £90 as thats in the big letter and in the title "PARKING CHARGE AMOUNT DUE: £90.00"

Also, it's a local shop, I went to visit and I forgot something, my wife went later. I know it says cannot go back but we are two diferent people so my wife did not enter into the contract for my visit.

Many Thanks

Steve

Redx

a court would use NEITHER

a court would decide on locus standi to start with (who can bring it to court) , then the court would have to decide the level of loss incurred by the landowner or their management company

the figures you have quoted are ones plucked out of the air by the PPC

the OFT quoted £12 when asked by the BPA or some other trade body or company

I suggest you read the NEWBIES sticky thread and appeal this if its still possible

Stroma

It would be helpful if we knew which company it is, and if it's in England or Wales ?

Thanks

Coupon-mad

spider31 wrote: »

Hello,

I have got a parking charge notice.

Its for £90 but will get reduced to £45 if I pay now.

If I take the stance on the payment being dispreprosonate what number should I be working with? I think the £90 as thats in the big letter and in the title "PARKING CHARGE AMOUNT DUE: £90.00"

Also, it's a local shop, I went to visit and I forgot something, my wife went later. I know it says cannot go back but we are two diferent people so my wife did not enter into the contract for my visit.

It's not the word 'disproportionate' that you should use, it's 'no GPEOL' as explained in the 'Private parking ticket? NEWBIES please read these FAQS first' thread where the appeal template is there for you to copy & paste IF you have the Notice to Keeper. And the keeper appeals, not the driver, please do read what's already on this forum board as it helps us keep up with all threads & new queries if people use the sticky thread of FAQs first to get up to speed.

Guys_Dad

Also, as this covers 2 trips, what is the exact wording about no return in x minutes/hours???

spider31

I am sure it says no return within x hours, I think its 3 hours. But.. As it was two different people I presume that’s makes that invalid as I entered the car park and agreed to the terms and my wife entered the second time.

I have read the sticky some very good info. I was thinking land owner approach but can the land owner not just give permission to the company.

Also, I understand that the charge has to be in relation to the costs. Does this mean smaller car parks with less signage = smaller charge? this car park is tiny.

The company is Parking evil Eye

trisontana

It's not in relation to "costs" but to actual losses that have been suffered by the landowner. In this case this amounts to a big fat zero. Regarding the "no return within x hours" when two drivers are involved, that failing with the system has been pointed out on several occasions , with no satisfactory answer.

Stroma

We still need to know where in the UK this is, sorry but the advice changes dependent on where you are.

Umkomaas

trisontana wrote: »

It's not in relation to "costs" but to actual losses that have been suffered by the landowner. In this case this amounts to a big fat zero. Regarding the "no return within x hours" when two drivers are involved, that failing with the system has been pointed out on several occasions , with no satisfactory answer.

The only common denominator is the car. Perhaps they should pursue the car. I'm sure oor Trev will have something in his box to do that, if PE ask him nicely. :cool:

Coupon-mad

spider31 wrote: »

I am sure it says no return within x hours, I think its 3 hours. But.. As it was two different people I presume that’s makes that invalid as I entered the car park and agreed to the terms and my wife entered the second time.

I have read the sticky some very good info. I was thinking land owner approach but can the land owner not just give permission to the company.

Also, I understand that the charge has to be in relation to the costs. Does this mean smaller car parks with less signage = smaller charge? this car park is tiny.

The company is Parking evil Eye

Yes that's relevant to add as a point #4 to the template appeal. But don't state who those drivers were - so point 4 could be 'Your cameras have missed the fact the car left and then returned later. In fact, the car was driven by a different driver on the second visit so there was no contravention whatsoever and your ANPR cameras are clearly fallible (I am sure you don't need the link to the Parking Prankster's blog about 'double dipping' do you, ParkingEye? If so I will show it to POPLA along with my other evidence that your charge is not a GPEOL, etc.).

spider31

Stroma wrote: »

We still need to know where in the UK this is, sorry but the advice changes dependent on where you are.

CO-OP Hebden Bridge, I shop there often and I am supprised this is the first time its happened. Having a return policy on a LOCAL shop is very od.