Parking Eye Fine, Unclear Signs

tom_mclaren

Hi All, hope you can help, I'm not sure how to proceed.

I parked in a pub car park (the Eagle and Child, Brentwood), which is relatively near a station hence has a private operator in place. I was at the pub (twice) to watch the football and stupidly didn't enter my reg at the bar as, having read the sign in the car park it appeared I was outside of the hours of operation. I now have 2 £100 fines, which is pretty punchy given we didn't even win the football...

Unfortunately I can't post pics of the signs (new user, just the 7 years registered...). However, the text on them says "Parking Tarrifs Apply Monday to Sunday 7-7". The time stated on the letter I have received is 22.02, and I certainly arrived after 7.

I went back in and spoke to the landlord, he remembered me and was very nice and apologetic, although did point out that he doesn't actually run the parking and I should have entered my reg (fair enough...). He took pictures of the letters I'd received and emailed them off to his contact at the parking firm. He also recommended I didn't appeal as that would impact his ability to get them cancelled, so I didn't. Unfortunately it doesn't seem to have worked as I have now received a letter saying "you missed your chance but we'll still listen if you write to us" letter - I'm assuming this is the first of two...

I haven't been back to see the Landlord again, which I will do, but I'm wondering what people's advice is? Should I appeal? ignore it (probably unwise!)? Pay up? Or is there another option? Any advice gratefully received!!

Fruitcake

It is not a fine.

You should have complained to the landlord/manager/pub CEO, and appealed both PCNs as keeper.

The advice to ignore has not been given here since the law changed in 2012.

I suggest you send the appeal template from the NEWBIES and include a one liner that the car was parked outside the parking restrictions and therefore the driver complied with the Ts and Cs. Include a copy of the signs showing the times when restrictions apply.

The_Deep

Many judges regard this as not really a breach of contract at all, and would certainly ask the PPC in robust terms how they think they have been so damaged as to deserve £200. Read this

https://en.wikipedia.org/wiki/De_minimis

IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

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

and enlist the support of your MP as they are obviously trying to scam you.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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

I suggest that you tell the landlord that, unless these tickets are cancelled, he could be looking at some very bad reviews on Trip Advisor, local pub sites, ectc. Thes companies can ruin small businesses with their scams.

Coupon-mad

I haven't been back to see the Landlord again, which I will do

Ask him to forward his email to you, the one he sent. Use that to show P/Eye that they were required by the pub to cancel the PCNs weeks ago. Attach that email as a PDF uploaded to P/Eye when you appeal them both like Fruitcake said:

I suggest you send the appeal template from the NEWBIES and include a one liner that the car was parked outside the parking restrictions and therefore the driver complied with the Ts and Cs. Include a copy of the signs showing the times when restrictions apply.

tom_mclaren

Thanks all for the advice, and the links, very helpful!

My plan of action then is to get a copy of the email the landlord sent (should have asked for that originally) and file an appeal based on the NEWBIE template, attaching the email, and indicating that I was parked outside of the indicated hours and hence could not be seen to be in breach of T&C's.

Is there a template "MP complaint" as well? Always good to leverage off someone else's knowledge and experience!

Coupon-mad

There have been threads where people posted what they wrote to their MP but no actual template, and very difficult to search for.