Parking Eye ticket

christopher_Brown

Hi,

I am after some advice. I got a ticket from Parking Eye last year and since lost an appeal against them via POPLA. POPLA did not address any of my questions and nor have Parking Eye.

Background

I did not park in the car park but i did enter it to get off a one way, two lane road to ask for directions, I was in the car park for 11 mins and a few seconds. I was slapped with a parking charge. I asked for evidence of parking and they failed to provide, just showing time of arrival and leaving. I pulled into the car park due to safety of the car and occupants due to the nature of the road.

They claim I have agreed to the terms and conditions, they cannot provide evidence of this either, again I saw not information board / sign due to the fact of looking for a place of safety to pull over and ask for directions.

The car park would have been 80 pence for 30 mins. Popping in for directions I would not have thought would have caused such issues.

I did not take any parking space up either.

Parking Eye took three months to issue me with a ticket / fine which is outside their policy. Again I argued the case on this and neither Parking Eye or POPLA addressed this nor given any reasons for the delay.

POPLA ruled in favour of Parking Eye and I heard no more. Now Parking eye have sent me a court action letter to pay £85.00 plus court costs and solicitor costs. I have recently been made redundant in January, I am on the dreaded Universal credit and get paid £286 per month. They have not accepted my financial statement and still seeking £85 costs within 14 days. They claim I have refused to pay in which is not correct, I have though asked for justifications for the cost of the ticket for 1.5 mins that they are charging me for plus the time difference of issuing a ticket.

Can anyone advise what my rights are and how to fight this case? I cant afford a solicitor, I not be able to get down to Chorley for the court case as I do not have the funds. If I do not attend, it goes against me.

Thanking you in anticipation for any help or advise to be given.

Fruitcake

I hope you haven't used your real name as your user name.

If you gave away the driver's identity as you have done in your post here, the dates are irrelevant which is a shame because the keeper would have beaten this at PoPLA as a result.

Start by reading post 2 of the NEWBIES where you will find a step by step guide to court written by bargepole. This takes you through the whole process from LBC to the court date.

The Beavis case in 2015 scuppered any argument about them suffering a loss. The highest court in the land said an £85 charge was reasonable for breaking their unregulated made up rules.

Complain to your MP using the info in red from post 1 of the NEWBIES and point out that a new parking act had just been approved to stop this sort of thing.

D_P_Dance

All the PE signs that I have come across fail imo to be able to form a contract. They are either too high, the font is too small, or they are too wordy, or all of the above, read this thread and complain to your MP.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading&highlight=

Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Umkomaas

I not be able to get down to Chorley for the court case as I do not have the funds. If I do not attend, it goes against me.

Please tell us the Date of Issue shown on the court claim.

You won't have to travel to Chorley! You choose the court (generally the one nearest to you).

Coupon-mad

All the PE signs that I have come across fail imo to be able to form a contract.

DP, this is just not true, please stop misleading people about P/Eye signs.

christopher_Brown

Thanks for the advise so far, I have contacted my local MP and they said they cannot do anything to help or influence the decision already made.

As for a court date, this has not been received yet but they have stated they will be charging me also court proceeding applications, plus solicitor costs and court claim issue fee which is going to be submitted within the letter before claim.

They have rejected my financial statement and my offer and they still refuse to answer my questions.

Anything else I can do?

Umkomaas

Almost all PE court cases are for a standard £175 (or lower) - £100 PCN Charge (but possibly lower in your case as the PCN is for £85), plus £25 court filing fee, plus £50 solicitor charges.

It’s really not likely to be any different - from what I’ve read from your posts.

KeithP

You appear to have missed this:

Fruitcake wrote: »

I hope you haven't used your real name as your user name.

If you have based your forum username on your real name, you would be wise to get your forum username changed to something very much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

Coupon-mad

As for a court date, this has not been received yet but they have stated they will be charging me also court proceeding applications, plus solicitor costs and court claim issue fee which is going to be submitted within the letter before claim.

As Umkomaas said, this is not the huge costs you might imagine, and you only pay if you lose! Still no CCJ risk or anything bad and we win 99% of defended claims, here.

Have done for 2 years and no other place touches it (others might lie, but hey ho).

I wish you'd come here earlier and followed forum advice. You had a Golden Ticket(!!) and you threw away the 100% slam dunk, unbeatable, winning point about the POFA and ''no keeper liability'', the minute you blabbed about who was driving:

Parking Eye took three months to issue me with a ticket / fine which is outside their policy.

Now you are going to have to waste time defending a court claim - you have a defence (grace period was meant to be a minimum of eleven minutes - not ten - as stated on other threads). Such a shame it has to go this far when you had a 'Golden Ticket' as shown with glee in the NEWBIES thread 3rd post about how to win at POPLA!