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Parking penalty The Range/Halfords Swindon

Have just received a notice from Parking Eye for £100/60. This for 2hrs 50 minutes on a Sunday evening from 7pm onwards. Both shops closed, car park empty, it didn't even cross my mind that there would be a 2hr limit at that time. Have prepared an appeal to PE on the grounds of disproportionality, written to the landlord, written to Halfords CEO. Will keep forum updated on outcome.
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Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Hang on, the recent High Court decision in Beavis V PE was that the charge is not disproportionate. You need to read the transcript.


    You were certainly trespassing and I think that you need to consider other aspects, try to distance your case from Beavis, signage, contract, standing, commercial justification, planning permissions etc. GPEOL is no longer the magic bullet it once was..
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    gerryf wrote: »
    Have just received a notice from Parking Eye for £100/60. This for 2hrs 50 minutes on a Sunday evening from 7pm onwards. Both shops closed, car park empty, it didn't even cross my mind that there would be a 2hr limit at that time. Have prepared an appeal to PE on the grounds of disproportionality, written to the landlord, written to Halfords CEO. Will keep forum updated on outcome.

    Gerry, one reason PPC's patrol is to stop abuse in the car parks.
    If the signs can easily be read in the car park, it really is your duty to do so. You cannot even claim you were shopping ?

    Suggest you swallow the bullet and pay the £60 before it increases and next time you enter private land make sure you can park there without penalty. Sorry, as much as I hate Parking Eye, you do not have anything to appeal with, you are at liberty to try.

    As you were the only one in the car park, you were lucky the police did not turn up asking what you were doing

    A lesson for everyone, READ THE CAR PARK RULES and if the car park is operated by parking eye, get the hell out of there regardless of what time of day it is
  • gerryf
    gerryf Posts: 15 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Thanks for your replies. I don't deny I am at fault for being naive. My point about proportionality is that given the time of day there was no chance of any loss to the retailers. I was actually at a charity concert, which I may make something of with the retailers. I'm angry because it's petty and dishonest and I needed a rant. I'm tired of being shafted by bullies and thieves.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    gerryf wrote: »
    Thanks for your replies. I don't deny I am at fault for being naive. My point about proportionality is that given the time of day there was no chance of any loss to the retailers. I was actually at a charity concert, which I may make something of with the retailers. I'm angry because it's petty and dishonest and I needed a rant. I'm tired of being shafted by bullies and thieves.

    We all agree with you, The simple point is that you overstayed on private land we all know there was no loss but that does not apply when you come to these parking cowboys, especially when is comes to parking eye.
    Good luck in complaining to the retailers, you will find they have limited interest if you cannot produce a receipt.
    Guess the concert was off the site anyway.

    In future, if it is a parking eye controlled car park, drive out again and shop somewhere else. Something to warn all your friends about .... AVOID
  • catfunt
    catfunt Posts: 624 Forumite
    Fifth Anniversary 500 Posts Combo Breaker
    PE will turn down your appeal but should give you a POPLA code.

    I dont know if you hinted in your appeal whether you were driving or not, but you should look at signage, and landowner authority to issue tickets on being appeal points being most likely to bring you a win.

    Have a look around this forum for examples of POPLA appeals from the last few weeks (or earlier.. but forget points about GPEOL, as the Beavis judgment on 4th November superseded that).

    Then, come back to this thread with your draft POPLA appeal for critique from the experts.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I agree with BM, pay the lower amount and next time pay more respect to Landowners' rights.
    You never know how far you can go until you go too far.
  • gerryf
    gerryf Posts: 15 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Thanks to everyone for their input. I have spoken to the landowner who has agreed in writing that the charge will be waived. Lesson learned - always read the signs and assume nothing.
  • At 7pm the signs may not have been visible unless they were directly lit or made from reflective material.

    I know a local PE controlled car park near me has PE signs all over the place, but you cannot read them at night because the car park lighting does not work.

    PE's evidence pack to POPLA will probably show a picture of the signs in daylight only, or taken using a flash.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    gerryf wrote: »
    Thanks to everyone for their input. I have spoken to the landowner who has agreed in writing that the charge will be waived. Lesson learned - always read the signs and assume nothing.

    GREAT, another failure for Parking Eye

    So peeps even though Parking Eye think they are the "bees knees", at the end of the day, they are just another parking company that can be beaten.
    What is very worrying about Parking Eye is the use of letters from Equita and thanks to Pappa-Golf who included this link

    http://parking-prankster.blogspot.co.uk/2015/12/parkingeye-shamelessly-dredge-up.html

    As Prankster rightfully said
    "In all the letters The Prankster has seen the letters contain the false statement 'ParkingEye Ltd has written to you recently...' In most cases the last contact was two years ago. In some cases this is the first letter the keeper has ever received."

    Parking Eye >>> Sister company = Equita
    OWNED BY CAPITA

    WHY does a respected company like Capita allow Parking Eye/Equita to do this. Maybe it's because Capita purchased Parking Eye for more than £50 million and its not performing according to their portfolio. Equita is the back door key to get the money back.
    I mean, Capita is very involved in government payrolls, the court system and numerous other activities, why would Capita get involved in a money scam operated by Parking Eye and implemented by Equita.
    At the very least I need an answer from MY MP and his/her comments.
    After all, the MP's are supposed to be WORKING FOR US or is all this just a dream
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    At 7pm the signs may not have been visible unless they were directly lit or made from reflective material.

    I know a local PE controlled car park near me has PE signs all over the place, but you cannot read them at night because the car park lighting does not work.

    PE's evidence pack to POPLA will probably show a picture of the signs in daylight only, or taken using a flash.

    Then it's up to the person concerned to take pictures at the same time as the ticket to prove otherwise
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