Parking Eye Ticket Scotland

Laki22

Hi
I received a ANPR ticket from PE in Scotland. I entered a large car park thinking it was free as it was quite remote. I realised it wasn't when I saw all the signs with the usual T&C and after reading them I decided I did not want to stay there (as I was more looking for a camping spot) got back to my vehicle (a MH) and left the car park. After some time I received a letter from PE demanding £60 for parking for 15 minutes without paying. I appealed ( describing what happened as above) without consulting this or any other forum thinking it was straight forward and they would understand. I heard nothing for a while and then I received a l FINAL NOTICE letter saying that since I have not responded to the letter rejecting my appeal and did not make an appeal to POPLA I now ow £100 and if I don't pay up there will be sending debt collectors etc etc. I wrote to them again (email this time) explaining that I have not received the appeal rejection letter, asking them to resend it. The reply was on the lines tuff sh... just pay up or else! 
I have looked up the newbies advice but since I have not used the recommended template and may have also identified myself (I live in England) what course of action should I take? I really think the ticket is unfair, I have been in ANPR car parks before while working and never received a ticket for entering and leaving for up to 30 minutes.

D_P_Dance

Are PE signs as problematic as south of the border?  Read this and coomplain to your MP.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1 

Redx

Unfair has no relevance , only the laws of the nation ,  contract law and the BPA CoP version 8 dated January 2020

The original PCN was £100 , reduced to £60 for early payment , this wasn't paid so reverted to the default daily tariff of £100. The signage defined the contract

An admitted driver always has responsibility , possibly liability too

I have been coming here for over 8 years and 30 minutes has never been normal , the typical grace period is 10 minutes , definitely not 15 minutes or 30 minutes

If Parking Eye decided to issue a court claim , they will do so , Court claims are 5 years in Scotland and 6 years in England

Coupon-mad

EDIT - see my later reply instead, as the OP doesn't live in Scotland.

tboo

C-M is that still the case if the OP is in England? (They have stated they live there)

Will PE 'go after' them using the English courts?

Coupon-mad

Ah OK, sorry I missed they live in England.  Re this, they should complain to the BPA that they didn't get a POPLA code:

 I heard nothing for a while and then I received a l FINAL NOTICE letter saying that since I have not responded to the letter rejecting my appeal and did not make an appeal to POPLA I now ow £100 and if I don't pay up there will be sending debt collectors etc etc.

I wrote to them again (email this time) explaining that I have not received the appeal rejection letter, asking them to resend it. The reply was on the lines tuff sh... just pay up or else! 

Laki22

Redx said:

Unfair has no relevance , only the laws of the nation ,  contract law and the BPA CoP version 8 dated January 2020

Does that mean I have no recourse, that by entering I have accepted the contract? How can I accept if I don't read it first? Is a judge likly to just take a black or white view or is there some common sense applied as well? 

Laki22

Coupon-mad said:

Ah OK, sorry I missed they live in England.  Re this, they should complain to the BPA that they didn't get a POPLA code:

 

Thanks I will try that. What should my aim be when complaining to BPA, getting a second chance to appeal to POPLA or other?

KeithP

Laki22 said:

Redx said:

Unfair has no relevance , only the laws of the nation ,  contract law and the BPA CoP version 8 dated January 2020

Does that mean I have no recourse, that by entering I have accepted the contract?

No, definitely not. It simply means that no contract has been entered into until such time as you have read the terms of that contract.

Laki22 said:

How can I accept if I don't read it first?

You can't.

Laki22 said:

Is a judge likely to just take a black or white view or is there some common sense applied as well? 

Yes. Both of those hopefully.

Redx

Laki22 said:

Redx said:

Unfair has no relevance , only the laws of the nation ,  contract law and the BPA CoP version 8 dated January 2020

Does that mean I have no recourse, that by entering I have accepted the contract? How can I accept if I don't read it first? Is a judge likly to just take a black or white view or is there some common sense applied as well? 

Those are legal questions , only a lawyer or judge can answer those legal questions , we just provide opinions

If the signs are there to be read and are clear and prominent , then a judge may decide that the driver should have sought them out and read them , plus complied with them. Anytime a driver parks a vehicle they accept the terms offered by parking there , if there are any terms , if they are clear , so perhaps you should have sought out the sign and read it first ? You did , but 15 minutes is way beyond any Grace period in most cases !  Ten minutes or less is the accepted normal , you rejected the contract but stayed too long

Poor and inadequate signage is one aspect of any Defence

Drivers accept the terms on signs every day on every journey , restrictions , speed , no entry , no parking , red routes

Obeying the signs is taught to every learner driver , but common sense usually prevails

As for Grace periods , feel free to download and read the BPA CoP , Clause 13 , Ditto with the IPC CoP too ( Clause 13 ) , ditto with any council car park or bay , ditto with the proposed government CoP arriving next summer !

Then show me any instance of where more than ten minutes grace is allowed !

Laki22

Redx said:

Laki22 said:

Redx said:

Unfair has no relevance , only the laws of the nation ,  contract law and the BPA CoP version 8 dated January 2020

Does that mean I have no recourse, that by entering I have accepted the contract? How can I accept if I don't read it first? Is a judge likly to just take a black or white view or is there some common sense applied as well? 

You did, but 15 minutes is way beyond any Grace period in most cases !  Ten minutes or less is the accepted normal , you rejected the contract but stayed too long.

As for Grace periods , feel free to download and read the BPA CoP , Clause 13 , Ditto with the IPC CoP too ( Clause 13 ) , ditto with any council car park or bay , ditto with the proposed government CoP arriving next summer !

Then show me any instance of where more than ten minutes grace is allowed !

The reason it took 15min is because I drive a large Motorhome and it took a while finding a suitable spot, then finding the sign and reading it, also I am not a native English speaker so it may have taken a bit longer to read the sign. PE quote that there where signs outside the car park on entry as well but how can I read a sign with that much writing and small print while driving?
Is that a reasonable argument if I have to go to court or is it just straight forward case that I have broken the terrm of the cotract.
I am trying to determine if I am in the wrong and should just pay up or do I at least stand half a chance if I go to court as I feel that it is unjust.