Parkingeye fine - Aire Street Leeds

Redx

the contract made is ALWAYS by the signs , no idea why you think its anything else , the signage inform the consumer what the terms of parking are (or should do, but we know many signs are not up to scratch, hence why we always say to include poor and inadequate signage in any appeal)

CM has a thread going about the SAR under the GDPR , please read it (have you not read it yet ? disgraceful !! lol)

as for your reply, you check what they answered in their reply (or didnt answer) and check the PaP 2017 rules , then reiterate what they have specifically failed to address in their template reply

its a game of cat and mouse, if in doubt , ask

the SAR bomb is to get the same info under the new data protection, such that if they try an MCOL you know what they have right from the start , treat this as your phishing exercise

Silvercloud18

Sure you have seen this before but just for reference....

How was a contract formed with the driver?
The Parking Charges issued for, and on behalf of, the landowner are levied on the basis of a contract with the motorist, set out via signage at the site. The signage details the conditions under which a motorist is authorised to park, be that by payment of the appropriate paid parking tariff or by parking within a limited stay period or similar, and that a Parking Charge will be payable if the terms and conditions are breached.


The DVLA release the name and address details of a vehicle keeper to registered companies, such as ParkingEye, if !!!8216;reasonable cause!!!8217; can be demonstrated; i.e. a breach of parking regulations. We ensure that signage is ample, clear, and visible, and in line with the BPA Code of Practice to ensure the motorist is bound when they enter and remain at a client site. ParkingEye considers that it is trite law that a contract can be formed in this way.


The case of ParkingEye v Beavis and Wardley [2014], proves particularly beneficial when considering the creation of a contract with the driver. Here it was stated that, !!!8220;it is well established that a valid contract can be made by offer, in the form of terms and conditions set out on the notice, and acceptance, in the form of one!!!8217;s car in the space provided [...] any unequivocal act of acceptance will suffice, and the signs clearly state (as anyone would expect nowadays) that parking constitutes acceptance.!!!8221;

The Supreme Court has now subsequently supported this positon and Lord Mance states within the Judgment that, !!!8220;There is common ground between all before the court that the relationship between ParkingEye and Mr Beavis was a contractual relationship [...] Mr Beavis undertook not to park for more [than] two hours and, upon any breach of that obligation, incurred a liability of £85.!!!8221;
He then goes on to state that, !!!8220;[...] I am satisfied that it is correct in law. The terms of the signs which Mr Beavis must be taken to have accepted by conduct in entering and parking in the car park are to that effect. Mr Beavis thereby expressly agreed to stay for two hours maximum [...] and to pay the stipulated sum if he failed so to comply.!!!8221;


Does ParkingEye have the authority to issue Parking Charges?
ParkingEye can confirm that it only operates on sites that are situated on private land, are not council owned, and that ParkingEye has written authority to operate and issue Parking Charge Notices on all of its sites.


Has interest accrued on the outstanding amount? Do you need to pay additional charges?
No interest has or will accrue on the outstanding balance and no additional recovery charges have been added at this stage.


What further action could be taken?
Further action could include referral to a Credit Reference Agency, instruction of solicitors to secure immediate payment, referral to debt recovery, or the issuance of court proceedings. If further action is taken then this could incur additional costs.


Do ParkingEye use CCTV to monitor car parks?
ParkingEye use Automatic Number Plate Recognition (ANPR) cameras and not CCTV cameras to monitor car parks. This technology captures and photographs vehicles entering and exiting the car park, and compares this data to the maximum stay that vehicles are entitled to and, where applicable, any payment or permit that may relate to the registration captured.

Silvercloud18

Sorry I mean because I said a contract was never formed because I left and parked elsewhere. It's just more that it was such a general response and not really relevant

Silvercloud18

And thank you! going to write it up tonight and check CMs post out regarding the SARs.

Redx

so the point there is the grace period to read the contractual signs, decide not to park , and depart (in your case it was 15 minutes whereas a typical period is considered to be 10 minutes)

so any judge would have to decide if an actual contract was formed to park , or a contract to not park and to leave instead , applies , and so is 15 minutes a "reasonable" grace period (it all hangs on this question)

Umkomaas

Silvercloud18 wrote: »

And thank you! going to write it up tonight and check CMs post out regarding the SARs.

That's the link I gave you above - in case you were looking for something else on top of that.

Silvercloud18

Thanks a lot, again!!

Redx

and please remember, you have a possible 5.5 years of this to go, as PE have 6 years to issue an MCOL , so gather all your info and evidence in the meantime , like you did for POPLA

Silvercloud18

Good job I'm patient then. Was worrying it would be whilst I was away in September but I guess not. My friend is going out to take pics of the signs for evidence tonight :T

Silvercloud18

I've got quite a few photos now. It seems they've done a bit of work since filling in a few pot holes with loose stone and removing all but one of the signs that say cctv is in operation.

The car park looks light from the street lights but I'm pretty sure it wasn't like this when we visited as phones where used to light up trying to read the signs.