Parking Aye

rebootbritain

Hello all,

I have a Parking Ticket from Parking Eye for a remote car park in Scotland - hence "Parking Aye" :-).  I plan to fight the matter.  I pulled off the road to take an urgent call from trading standards about a rogue trader and used their 'grass verge' without realising it was a car park.  The park was unoccupied, hence I was not preventing anyone from using their services and I could have parked 300 yards down the road at the hotel we were staying at but the call was urgent so I pulled over to avoid breaking the law.

I appealed to POPLA.  They sent a 60 page doc which said that 'rules are rules', so that was a waste of time.  The British Parking Association say they cannot comment on disputes and I wonder what they are for.

I'm noted that PE said the fee was suspended pending the review but they hiked the price to £100 before it was complete.  This is a procedural error and I plan to exploit this.

They are now asking that I pay £100.  I intend to question this.   My questions are: 

1. Do Scottish laws on parking differ from English ones in any important ways?  The call took 20 minutes and I have documentary evidence of this.
2. My wife is worried that PE will send bailiffs round for £100.  How realistic is her concern?
3. How do PE's charges escalate, so I can judge the amount of effort needed to deal with this?
   
4. I understand that I must prove that my reasoning was reasonable to the 'reasonable man or woman'.  Any prior experience in dealing with Parking Aye?

Any other insights or information gratefully received.

All the best

Peter Cook (the other one)

Coupon-mad

Search the forum for Scottish cases (see keywords in bold below).

You just ignore it but you need to read a few Scottish threads because the law is changing for you in a year(ish) when you will get 'keeper liability' in private car parks but also the whole of the UK will get a proper appeals system and lower parking charges.

1.  As above.  The NEWBIES FAQS thread already tells you  about Scotland, too.  Your laws are different at the moment.

2.  Impossible (PEye don't sue in Scotland).  You will get letters from DCBL but nothing else.

3.  They don't increase (except DCBL pretend to add £70 but you won't be PAYING and will ignore DCBL completely).  Stop expending effort.  You should never have even tried POPLA.  STOP.

4.  No you don't have to prove anything because PE don't sue people in Scotland.

We have years of experience of dealing with PEye. Over a decade.  You are meant to IGNORE THEM IN SCOTLAND (at the time of writing, in 2023) and should have come here first and not tried POPLA.  You should certainly NEVER have told them you were driving.

But no harm done; nothing will happen.

Please read other threads by searching for Scotland Parking Public Consultation and change the results drom 'best match' to NEWEST.

See you back here in a few weeks for the UK wide public consultation to cap the levels of parking charges to cement the final stages of the incoming new law and statutory appeals regime..

rebootbritain

Wow, thank you for this. I am already checking the Scottish threads on the advice of someone who sent me here.

Peter

B789

@Coupon-mad Is it the fact that the breach of Ts & Cs took place in Scotland or that the RK lives in Scotland that is the precedent?

If an English-residing RK on business or holiday in Scotland incurs a PCN and receives the PCN at their English address, can it still be safely ignored?

Also, if the opposite occurs where a Scottish-residing RK on business or holiday in England receives a PCN at their Scottish address, are they able to ignore or must they defend as per instructions on here?

rebootbritain

B789 said:

@Coupon-mad Is it the fact that the breach of Ts & Cs took place in Scotland or that the RK lives in Scotland that is the precedent?

If an English-residing RK on business or holiday in Scotland incurs a PCN and receives the PCN at their English address, can it still be safely ignored?

Also, if the opposite occurs where a Scottish-residing RK on business or holiday in England receives a PCN at their Scottish address, are they able to ignore or must they defend as per instructions on here?

Good questions.  Thank you for responding.

I live in England by the way

pc

Coupon-mad

Peter_Cook said:

Wow, thank you for this. I am already checking the Scottish threads on the advice of someone who sent me here.

I live in England by the way...

Hmmm...a bit different then.  But no bailiffs are coming knocking!

My point was that PE never sue people who stay in Scotland.  But that's not you.

However, I've also never seen a ParkingEye court claim relating to a site in Scotland.  And the fact they've handed it over to debt crawlers supports the view that PE are not planning on litigation.

Come back if you get a court claim.

Debt letters (even from DCBL) are not bailiffs.  Impossible at pre-action stage.

The fourth post of the NEWBIES thread bears no repeating & already tells you what to do with such threatograms...!

Umkomaas

B789 said:

@Coupon-mad Is it the fact that the breach of Ts & Cs took place in Scotland or that the RK lives in Scotland that is the precedent?

If an English-residing RK on business or holiday in Scotland incurs a PCN and receives the PCN at their English address, can it still be safely ignored?

Also, if the opposite occurs where a Scottish-residing RK on business or holiday in England receives a PCN at their Scottish address, are they able to ignore or must they defend as per instructions on here?

To my knowledge, it's never been tested. And even it was and it went in favour of the PPC, there is no precedent set - the small claims court does not set any precedent. The fact that ultra litigious parking firms, like PE, have never tested the water on this, probably speaks volumes. 

rebootbritain

Thank you both for this help.  I plan to ignore them for now and see what transpires.  

pc

Umkomaas

Peter_Cook said:

Thank you both for this help.  I plan to ignore them for now and see what transpires.  

pc

Good move. 👍

rebootbritain

I have now received the first bailiff letter with a claim for £170 - I am planning to either ignore it or return to sender.  Is this the kind of letter I should be expecting to receive?


Peter

Boat_to_Bolivia

@Peter_Cook Your name and address and VRN are all visible. You need to edit your post immediately.