Parking Eye - Ignore it?

Billykoholic

Hi All, this is my first time writing on this forum so be kind

I stayed in a car park for 4 and half hours when it was a 3 hour stay car park. I didn't know that at the time because people tend to not read that sign. I did move my car part way through my time from one parking spot to another a bit further down albeit within the same car park thinking that would be ok and there was loads of spaces throughout that time as it was a normal working Monday & not a busy shopping day.

A few of my Facebook friends have said they just ignored the letter and eventually nothing happens - is that too good to be true? What is the worst thing that can happen?

Any advice would be appreciated as I don't want to be paying £50/85 out if i can help it. Thanks in advance

bazster

If you ignore a ParkingEye fake fine then, in general, there is a 1:10 chance that you will end up with a court case filed against you.

If you don't fancy those odds read the Newbies thread to find out how to appeal it.

Were you a customer? Whose car park? Aldi?

Fruitcake

Read the Sticky thread for NEWBIES.

Ignoring is out of date information by about 2 1/2 years.

Do Not Ignore, Do Not Pay, Do Not Reveal who was driving.

Billykoholic

It was a retail parking area e.g Sports Direct / JD sports / Boots ETC so more than 1 store.

I will try get my head around the new thread but I am sometimes slow in understanding things so I may be back. But too many people have told me that they have ignored it and got away with it hence why I asked the question.

I do however think that paying £50/85 is too much as I didn't stop them from losing any business as the car park wasn't busy

Half_way

I do however think that paying £50/85 is too much as I didn't stop them from losing any business as the car park wasn't busy

thats the general consensus
if the amount is not a genuine pre estimate of loss caused by your overstay then it can and will be found to be unenforceable.
however you will need to get in touch with parking eye and possibly the retail park as well to get this thing cancelled.
read the newbies thread for more information

Umkomaas

But too many people have told me that they have ignored it and got away with it hence why I asked the question.

Three questions to ask of them:

1. What experience have they had with ParkingEye in the last 18 months?
2. Will they write your court defence in the circumstance this ends up there?
3. Will they underwrite any court costs awarded against you?

I would expect three negatives!

pogofish

Billykoholic wrote: »

But too many people have told me that they have ignored it and got away with it hence why I asked the question.

They may have done so in the past (as have I) but the law changed in 2012 and since then, PE have gone-on to become one of the most litigious of PPCs, so its not a viable option anymore unless you want a lot more effort in fighting a court claim.

This is all explained in the Newbes Sticky - which is the first place anyone should go to get the most current and effective advice.

waamo

Tell your Facebook friends they need to get with the times. PE have issued 30,000 court claims in the last 12 months. Do you want to take that risk?

Billykoholic

Thanks again everyone. I read on the newbies post how getting in contact with ParkingEye / the retail park direct won't get you any where but then I read try them first?

I also read in the appeal letter, mention mitigating circumstances but then I read that they won't work - all within this website. I'm confused:huh:

A friend told me the same thing happened at the same car park last year. He wrote to them and he never heard from them back so he said he will try hunt out the letter he sent maybe use that because if I am being honest, a lot of the legal talk (if that is the right phrase) goes over my head. Good idea maybe?

I will not ignore it after reading all of the above though. Any other tips that anyone could give me? Thanks for your time and patience with me

Herzlos

You can mention mitigating circumstances in the appeal to ParkingEye, but be careful you don't give away the driver (no using "I" for instance). Parking Eye will most likely reject it anyway, but there's template appeals provided on here.

When they reject it (99% likely), they'll send you a POPLA code, which you appeal to using another template provided here and it'll be upheld (99% likely) and then ParkingEye go away completely.

If you ignore, they've got 6 years to pester you about it.

waamo

Parking Eye occasionally allow mitigation in an initial appeal. POPLA never allow appeals based on mitigating factors.

Make sure you stick to the timetables for appeal though. PE do like to look for an excuse to issue court claims. Also ensure you get free proof of posting for any letters you send.