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Parking Eye Ticket but signage unclear

This is for a friend (lol this sounds like a lie).

Apologies if I'm wasting people's time if this is all clear in the sticky, I'm just not sure.

So from google maps it looks like there is no free period and the car park operates 24 hours a day. It's unclear who owns the land as there are no nearby supermarkets or hospitals.

My friend was on the main road but no parking was available so turned into the side road which led to the car park. The main sign is partially covered by the gate at the entrance of the car park and the rest of the signs weren't really visible as it was quite late and no light sources seemed to be shone on them - my friend wasn't actually aware it was a parking eye car park until they received the ticket.

My friend was there for about 23 minutes. Additionally, the car park says you can pay tariffs via paybyphone but having had a quick look, I can't actually find the car park on there (definitely looking in the right place). Not sure how this helps but I find this super odd that the signs (google maps) show paybyphone but doesn't exist? 

Should I just email via the complaints process the following:

"I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner."

Thanks for any advice.
«13

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    There is no complaints process with Parking Eye , there is an appeals process

    Every pics of land is owned by somebody , so plan A is the best option

    Plan B is next , appealing as keeper using the blue text template , after checking if the NTK is compliant with POFA , or not

    Plan C is Popla , with POFA , no landowner authority , and poor unlit signage a factor in this appeal

    The keeper does the above , so not you if it's not your pcn
  • Redx said:
    There is no complaints process with Parking Eye , there is an appeals process

    Every pics of land is owned by somebody , so plan A is the best option

    Plan B is next , appealing as keeper using the blue text template , after checking if the NTK is compliant with POFA , or not

    Plan C is Popla , with POFA , no landowner authority , and poor unlit signage a factor in this appeal

    The keeper does the above , so not you if it's not your pcn
    Thanks. I agree that the land is owned by someone but as mentioned in my post I do not know who it is or how to find out.

    Would it be safe to post the location and maybe someone can identify the land owner?
  • Umkomaas
    Umkomaas Posts: 42,872 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Would it be safe to post the location and maybe someone can identify the land owner?
    The Land Registry will do that for you - three quid.

    Or for free, call the local authority and ask who pays the non-domestic rate on the land. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    That is exactly what you should do , less paranoia , we know it's not easy so these are the topics to check

    Contact the council and see who pays the non domestic business rates
    Google it
    Post the location on here because it's usually come up before
    Pay the land registry a small fee , online

    You have to be a Poirot on this , not a Clouseau
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 148,092 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 January 2021 at 8:20PM
    Why would anyone drive in past that gate and think that's OK and a safe place to pull over and stay for a short while?  Or didn't they go past the gate? Your friend does know that they can stop on double yellows, single yellows and in bays for a few minutes on street and don't have to find a parking space, per se?  Not to stop, if they were with the car and only pulling in to take a call or load/unload something.  NEVER seek out a private car park of any description, don't come 'off street'.

    Also you haven't said whether this is a non-POFA golden ticket ParkingEye one (easy win) or not. Search the NEWBIES (control & f) for a picture.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Umkomaas
    Umkomaas Posts: 42,872 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    NEVER seek out a private car park of any description, don't come 'off street'.
    Especially after dark, when most Civil Enforcement Officers (Traffic Wardens) are then tucking in to Mrs CEO's Pot Noodle Plat du Jour, while PPCs' ANPR cameras continue to roll 24/7 .... relentlessly!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Why would anyone drive in past that gate and think that's OK and a safe place to pull over and stay for a short while?  Or didn't they go past the gate? 
    I agree, it was silly of my friend.
    I had a look at the ticket and it does seem to be POFA and was sent within 14 days. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 22 January 2021 at 11:56PM
    So it's off granby st , Leicester , I don't remember that location before but there are signs as well as that large gate too

    If Parking Eye have covered all the basics , POFA , landowner contract , signage etc , that driver will have a hard slog trying to win this , grace periods are a lot less than 23 minutes , plenty of signs around the car park , 2 pdt machines , the gate signs mention it's pay and display , the building near the entrance says parking at the back

    Why do they think they should not pay the PCN ? Poor lighting ? Poor signage ?
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