Parking fine cancelled then reinstated

Umkomaas

I don't wish to incur court costs etc which could escalate to hundreds, as I said I have a young family and money is tight.

Where do you get that from?

If you win, it costs you nowt, and you maybe can claim around £100 back from PE.

If you lose (and hardly anyone loses when they are helped by this forum) it would cost in the range of £175 - £200 (no more).

JodyGray

Thank you for your responses, I have no experience of any of this so it's uneducated guesswork. You guys seem to know your stuff and it really is appreciated you sharing knowledge. Just exploring all options and sure I will see this through..... I am motivated by your comments and will keep updates coming. Thanks again....

nigelbb

Why did you lose at POPLA? The circumstances of this case have strong parallels with Vine vs Waltham Forest where Ms Vine had her car clamped after she stopped so she could be sick. It was held that the clamping was unlawful as she had not seen the signs because of her illness. https://en.m.wikipedia.org/wiki/Vine_v_London_Borough_of_Waltham_Forest

It is the perfect defence if PE ever take this case to court.

JodyGray

POPLA did not take into account the fact I was in distress and not functioning as normal, my sole intention was getting to the bathroom facilities asap for obvious reasons - it's clearly the only reason why I was there but this made no difference. They upheld PE's claim that there was adequate signage and I was parked without a ticket. PE's description of where the signs are is false as on entry there is no signage until you reach the car park though probably would of made no difference. After I returned to my car and took some time getting myself together i moved my car from the reception area to where there was an almost empty car park, you can't see the small signs there in the dark so was completely unaware of the parking restrictions, the big sign is on entry coming from the other direction which I didn't see because I was entirely focused on getting to the bathroom facilities asap. I wish I never appealed to POPLA as the mitigating circumstances which obviously I cannot prove were clearly never considered.

JodyGray

Also POPLA's involvement caused the Holiday inn to change their mind about cancelling the ticket and have given Parking Eye back up to what was a sequence of unfortunate events.

JodyGray

I should of come here first but I thought common sense would prevail, at least I've learned something out of this and hope that others who have been treated like this can benefit from my experience.

nosferatu1001

If PE lied aboutthe location of signs, then you should compalin to the BPA and require them to inform you when the last audit was of the signs in THIS car park?

Coupon-mad

JodyGray wrote: »

I should of come here first but I thought common sense would prevail, at least I've learned something out of this and hope that others who have been treated like this can benefit from my experience.

Yes, but keep learning, and do not pay it. The case is still defendable and your MP should get involved and push for the Hotel to step in and settle it as a gesture of goodwill, or split the £60 with you.

A complaint should ALWAYS be done to a landowner/retailer FIRST, before POPLA.

JodyGray

Update... HI hq responded with a promise of resolution within 48hrs - that was on Thurs. It was a nice email (similar to HI Guildford original reply) and although it seemed automated to some extent I am hopeful.
Parking Eye have sent me a county claim letter with the threat of rising costs. There was a section where they offer an instalment option but they state it may not be accepted. I have 30 days to reply from Friday; 28 days now.
I have to wait another week before I escalate my enquiry with my MP as it seems 2 weeks is the official waiting period.

JodyGray

FAO Coupon-mad:

The original PCN notice was for £60 rising to £100 if not paid within 28 days, thus the current outstanding amount is £100.