Parking Eye

jayw83

Hello Everyone

This is my first post so I'm looking for some advice off some helpful people.

On the 25/5 me and my wife went for a quick bit of shopping in Liverpool city center, I decided to park in our usual parking place.

Parking Eye state on there letter sent out that we arrived caught by ANPR at 12:29:15
i have my actual ticket stub which states 12:30 which is the time i paid for parking.

I paid £3 for 1.5Hrs of parking

They state that i was "Time in car park 1Hr 30 Mins"

They have my time of departure captured by ANPR at
14:00:03

This has already gone through the internal appeal process by these charlatans and they have decided my appeal is unsuccessful. They say i overstayed.

My appeal is in with POPLA with all documenting evidence.

I'm aware of a current grace time as stated below to all companies who are members of the BPA which ive made aware to POPLA im also aware of.

Section 13.2 of the British Parking Association Code of Practice states, “You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.”

Furthermore, section 13.4 of the BPA’s Code of Practice says, “You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action.”

So i'm confident they will throw this out at this stage of appeal. However if someone thinks i'm wrong please let me know.

However my question is how are they allowed to get away with this?

I'm prepared to go all the way to court out of principal on this, its nothing to do with the fine. Its as though these vultures are simply looking to prey on people who would rather pay up than go down the route i'm prepared to go.

Government needs to do something about these people!

Thanks
Jay

Redx

The government has done something

The new 2019 private parking Cop bill by Sir Greg Knight

So email your local MP and complain, same as the rest of us

We agree with you

Also email the BPA AOS team about this breach of their Cop too

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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. R

Ralph-y

2 lots of good advice above .... but also send email to the owner / landlord of the car park., telling then to cancel or you will never darken their doorsteps again .


do this with all the shops you visited.



consider leaving bad reviews on social media.


Start reading through the newbies thread re POPLA appeals and look for examples...


https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou


Ralph:cool:

The_Deep

If they do not cancel read this.

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

and use it at PoPLA/court.

jayw83

Thank you for the advice, i have complained to the BPA firstly, i will draft a letter to my MP Dan Carden this evening.

No way im accepting this.

Appreciate your guidance Ralph.

jayw83

Quick update Guys, after i complained to the BPA and my appeal was open with POPLA

Parking eye decided they didn't want to contest the appeal, the reason given was

BPA Enquiry - Gesture of Goodwill.

Now after winning this i would like to escalate it, whats the best way, and whom should i direct a letter to?

I'd like some form of compensation, namely £100, however id be willing to accept £60 if they settle withing 14 days.

MistyZ

Complain to the landowner outlining the vexatious saga which might well have ensued had you not challenged this in the correct way i.e. POPLA, baseless but very intimidating threats from debt collectors, extensive preparation for a court appearance and the day in court itself.

The specific methods required to challenge PCNs are not widely known, and there's precious little access to such information. Were it not for forums such as this one it'd be pretty damn difficult to work out how to go about it. Even respected bodies such as Citizens Advice give highly misleading 'advice'.

With the cards stacked high in their favour, the PPCs take every opportunity to milk the public with spurious PCMs, claiming, for example, that a motorist overstayed by ..... (how many seconds was it???). How many others have they done this to? I bet the vast majority cough up. That may not be criminal activity per se, but it very much looks like it to law-abiding citizens who are caught up in these scams.

The landowners get complaints asking them to cancel PCNs, though probably not nearly enough. Time they started getting more complaints about the fact that they use the 'services' of these cowboys at all.

I would also point out that P.E. should have sent you a fulsome apology, and indeed some compensation, as opposed to referring to 'goodwill' which still suggests that they were in the right!

jayw83

MistyZ wrote: »

Complain to the landowner outlining the vexatious saga which might well have ensued had you not challenged this in the correct way i.e. POPLA, baseless but very intimidating threats from debt collectors, extensive preparation for a court appearance and the day in court itself.

The specific methods required to challenge PCNs are not widely known, and there's precious little access to such information. Were it not for forums such as this one it'd be pretty damn difficult to work out how to go about it. Even respected bodies such as Citizens Advice give highly misleading 'advice'.

With the cards stacked high in their favour, the PPCs take every opportunity to milk the public with spurious PCMs, claiming, for example, that a motorist overstayed by ..... (how many seconds was it???). How many others have they done this to? I bet the vast majority cough up. That may not be criminal activity per se, but it very much looks like it to law-abiding citizens who are caught up in these scams.

The landowners get complaints asking them to cancel PCNs, though probably not nearly enough. Time they started getting more complaints about the fact that they use the 'services' of these cowboys at all.

I would also point out that P.E. should have sent you a fulsome apology, and indeed some compensation, as opposed to referring to 'goodwill' which still suggests that they were in the right!

The last Paragraph is what i'm getting at, im in the middle of drafting an email to the BPA employee who was emailing me to do with my complaint, maybe the first port of call as they seem to be regulated (loosely) by them.

Failing that is all very murky on who you can direct complaints to. I dont want to leave this i want to escalate it to the point of compensation or a letter of apology.

I'd also like to know why the direct appeal with PE was thrown out yet two weeks later they decide not to contest the POPLA appeal.

Whats changed there then?

It's as though they're free to make it up as they go along.

fisherjim

What an utter disgrace, how can this be "a gesture of good will".


No Parking Eye, you have been caught out once again trying to bully victims into paying another unnecessary scam charge.


Your 19 point check once again shown to be a lie, but how could you possibly perform that on all the auto charges you throw out daily.


As for the BPA you could say they did the right thing but in reality once again their paid up largest member gets off with it again, there will be no sanction points against them just a friendly oh you better let this one go pal!


Disgusting, and the sooner this is sorted out the better, but the OP doesn't stand a hope in hells chance of any compensation even the DVLA will brush this under the carpet as an admin error.


In actual fact by stating a "goodwill gesture" this actually says we believe this was correctly issued but are being nice to you, what an utter scam!

jayw83 wrote: »

maybe the first port of call as they seem to be regulated (loosely) by them.

No sorry there is no "regulation" as the BPA will confirm they are not a regulator they are a Trade Association, they can only impose sanction points or suspend their members which doesn't happen very frequently.

The_Deep

It is of course open to you to bill PE for the time you have spent on this charge, the court approved rate for litigants in person is £19 an hour, plus travel, stationery, postage etc.

Then, when they have rejected or ignored the invoice, up the ante, take them to court. Providing you keep the claim reasonable there is no reason imo why a judge should not look favourably on it.

IMO, the only worthwhile complaint would be to your MP, the BPA are largely funded by PE, so will do all they can to support their paymaster.