Parking Eye - Holiday Inn Express dispute

BME86

Hi guys,

Hoping this is ok to post in here.

A brief background to my situation:

• I parked at Holiday Inn Express, Stoke On Trent. It was a match day at Stoke City and according to signage you could pay £10 parking via the yourparkingspace app or by phone.

• Despite being parked in a space, the app said there were no spaces available and it wouldn’t let me pay. Because I had attempted to pay, I left my car and went to the match, with my conscious seemingly clear.

• I was then served a £60 notice by Parking Eye a few weeks later.

• I appealed on the grounds that I had attempted to pay via the app but it didn’t work, so what else could I have done? This was rejected.

• I appealed to POPLA on the same grounds above. This was also rejected as they said that after the app didn’t work, I should have tried to phone and pay for parking (to be fair, this was on the signage but I didn’t make an attempt after trying to use the app). The notice increased to the full £100.

• I have since received a LBCCC from them, dated 27th Oct

• After reading advice on here (yes, I know I should have perhaps read things sooner), I emailed the hotel to see if they could cancel the charge. They replied to say: 

Due to us been a hotel we can not sell all our parking spaces on match days because our guests are the main priority, so we only sell a certain amount.

When you try and book online to park at the hotel and doesn't allow you, this means there are no spaces left to sell. (even if there are spaces available on the car park). 

Unfortunately we can not cancel this fine due to this reason.

Based on this, do I have a leg to stand on? Should I just stump up the cash? Or do I still have grounds for appeal?

I would really appreciate advise on the next steps I should take.

Thanks.

D_P_Dance

PE's signs are pants, read this

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

and complain to your MP.  Have you read the newbies?

Coupon-mad

Ok at LBCCC stage PE will listen to any dispute or offer.  You do not seem to have a defence so I would make an offer. We assume they are asking for £100 so you could offer to settle at the £60 discount and see what they say.

Got to be honest; it does not sound an easy case to win.  The app and offer to park sound misleading but that might be a hard one to argue against a legal rep for PE, and it's not as if the Judge will be with you in terms of you being a Hotel patron because you were effectively an inadvertent trespasser.

BME86

Coupon-mad said:

Ok at LBCCC stage PE will listen to any dispute or offer.  You do not seem to gave a defence so I would make an offer. We assume they are asking for £100 so you could offer to settle at the £60 discount and see what they say.

Got to be honest; it does not sound an easy case to win.  The app and offer to park sound misleading but that might be a hard one to argue against a legal rep for PE, and it's not as if the Judge will be with you in terms of you being a Hotel patron because you were effectively an inadvertent trespasser.

Thanks for the reply.

I don't have the LBCCC with me at the moment. Is the best method of response through the form that came with it or via email (or other)?

Coupon-mad

Email:

Enforcement@parkingeye.co.uk with the PCN ref and the words 'without prejudice' in the subject line

BME86

Coupon-mad said:

Email:

Enforcement@parkingeye.co.uk with the PCN ref and the words 'without prejudice' in the subject line

Great, thanks.

Given that I seemingly don't have a robust defence here, is there anything in particular I need to state in the email to help my case for offering to pay the discounted charge of £60 rather than the full cost at £100?

Half_way

although if the spaces were reserved for hotel guests, then the app/notice should have a message saying something like " Sorry car park full, any empty spaces remaining are reserved for hotel guests"

It wouldn't take much to add such a message

D_P_Dance

Got to be honest; it does not sound an easy case to win. 

OP tried to pay, PDT  would not accept pament.  PDT gives false informatin, contra preferentum

https://uk.practicallaw.thomsonreuters.com/4-383-2653?transitionType=Default&contextData=(sc.Default)&firstPage=true

No contract,  What is hard about it?