PARKING EYE - court claim 2025

GinaGrey

Coupon-mad said:

 But I had said "This is covered in the incoming statutory Code of Practice".

The joke 'code' by the scumbag industry themselves isn't a creature of statute.

Thanks so much! Where can I find the INCOMING code and read about void transaction receipts please? I just can't stop thinking about it. xx

Coupon-mad

Just Google

DLUHC statutory parking Code 2022.

...but please DON'T come back telling us it's withdrawn. Yes, temporarily!

We don't need to discuss / explain it again on individual threads. Suffice it to say, I'm on the Code Steering Group as the only individual consumer representative and have been since 2020.

There are umpteen threads all about the current position. Clearly it takes time with a change of Government interrupting its finalisation but the Code is there to be read and waiting to be put through (after a final consultation I expect).

GinaGrey

Coupon-mad said:

Just Google

DLUHC statutory parking Code 2022.

...but please DON'T come back telling us it's withdrawn. Yes, temporarily!

We don't need to explain it; I'm on the Code Steering Group as the only individual consumer representative and have been since 2020.

There are umpteen threads all about the current position. Clearly it takes time with a change of Government interrupting its finalisation but the Code is there to be read and waiting to be put through (after a final consultation I expect).

lol, thanks :-) I won't Thanks so much! xxx

GinaGrey

Coupon-mad said:

Just Google

DLUHC statutory parking Code 2022.

...but please DON'T come back telling us it's withdrawn. Yes, temporarily!

We don't need to discuss / explain it again on individual threads. Suffice it to say, I'm on the Code Steering Group as the only individual consumer representative and have been since 2020.

There are umpteen threads all about the current position. Clearly it takes time with a change of Government interrupting its finalisation but the Code is there to be read and waiting to be put through (after a final consultation I expect).

yeah, I've searched the 2022 one too for VOID and I could only find AVOID so no word void in there. Sorry :-) The only sentence that might be of use is this one:

It is good practice to ensure the design of a “payment failed” slip is not liable to be mistaken for a parking tariff receipt.

Coupon-mad

Oh yes, that's it!  I thought it used the term 'void receipt'.

In that case I suspect the same sentence is in the Oct 2024 joke code, too.

GinaGrey

Coupon-mad said:

Oh yes, that's it!  I thought it used the term 'void receipt'.

In that case I suspect the same sentence is in the Oct 2024 joke code, too.

yes it's there! :-) In the Newbies FAQs you say you win 99% of small claims court cases - I will complain to the landowner but I need that independent legal advice too - how much do you charge? Thanks! Marta

GinaGrey

I've seen on the forum that some people didn't get letter before court (the post lost it) and they got CCJ before they could even defend themselves. So that's pants. It happened before, can happen again.

I also spoke to Citizens Advice Bureau and they said I can also pay and write that 'I'm paying UNDER PROTEST' and then sue ParkingEye in the Small Claims Court.

What if I never get letter before court and get CCJ - there will be no way of removing that from my credit record for 6 years, right? So maybe if I defend myself by attacking them (paying under protest and then suing them) - that's a better bet? 

Do I now contact PARKINGEYE and say I still don't agree with POPLA's assesment and ask them for COPY OF ANY CORRESPONDENCE sent to my address - to be sent to me by email.

These are the facts in my favour (I think) would that be enough to win in court if they sued me? And also - if I sued them, would I win based on the below?

On the day in question, I attempted to pay for parking using the on-site machine. I:
- entered my vehicle registration number 

- inserted my payment card.

- pressed the button to print a receipt.
The machine then issued a receipt labeled “VOID TRANSACTION RECEIPT” However:
There was NO on-screen warning or indication that the payment had failed. And I have a proof (photo) of the machine saying that the payment was APPROVED
The machine did not alert me to a failed transaction. I reasonably believed the payment was successful

1 The lack of clear notification constitutes a failure of service by the parking operator. Motorists cannot be penalized for machine malfunctions outside their control. The machine did not warn me that the transaction was void. I reasonably believed that my payment was successful because:
The machine provided a printed receipt. (and according to the Code of Practice it is good practice to ensure the design of a “payment failed” slip is not liable to be mistaken for a parking tariff receipt)
No error message appeared.
The operator failed to ensure the machine provided clear transaction feedback.

2 The British Parking Association (BPA) Code of Practice (Section 19.4) states that payment instructions must be clear and effective. The machine’s failure to notify me of the failed transaction violated this requirement. Machines should clearly indicate failed transactions.

3 No Intent to Avoid Payment – Operator’s Failure to Allow Resolution. As soon as I used the machine and received a printed receipt, I genuinely believed the ticket was paid. The operator had an opportunity to resolve this issue before issuing a charge by checking for failed transactions in their system. Had I been made aware of the voided payment, I would have immediately paid via another method.

4 Grace Periods Were Not Considered The BPA Code of Practice (Section 13.4) requires operators to allow at least 5 minutes for drivers to review terms and make a payment decision. Given that I attempted payment and believed it was successful, this should have been considered before issuing a PCN.

I entered the car park at 11:15 and attempted to pay at 11:17. Since the first 10 minutes were free, the system may have voided your transaction due to the timing. However, I was still within the free period when attempting payment, meaning a charge should not have been issued if grace periods were correctly applied.

5 Unfair and Disproportionate Charge (£100) The Supreme Court case of ParkingEye v Beavis [2015] allows charges only if they serve a legitimate interest. In this case, I made a genuine attempt to pay. Penalizing me for a machine failure does not serve a legitimate interest. Also the parking was not busy at the time I stayed there.

6. Signs must be clear, legible, and placed in visible locations. Payment terms must be unambiguous, including:
The requirement to check the payment’s success.
The process for verifying a transaction.
The signs did not clearly instruct me to check my bank account, so the operator failed to comply with this
requirement.

7. POPLA failed to properly consider mitigating factors, including:
The machine malfunction.
Lack of intent to avoid payment.
Unclear machine feedback.

POPLA may not have applied the Code correctly, and The Code of Practice supports my argument that:
I was within the grace period.
The machine’s failure was not my fault.
The operator should have considered mitigating factors.
A parking charge should not have been issued if their system voided the payment due to timing.

Request for Cancellation
In light of the above points, I respectfully request that this Parking Charge Notice be
cancelled due to:
Machine failure causing a voided transaction without notifying me.
Failure to provide an alternative payment notification or allow a resolution.
A lack of intent to avoid payment.
Breach of BPA Code of Practice regulations regarding clear payment instructions and grace periods.
The charge being unfair and disproportionate.

ChirpyChicken

that is awful advice from the CAB, people should NOT contact CAB for parking tickets
Sorry but your really over thinking this
forget the issues with court claims, again your twisting this 
you dont need any independent legal advice at all, follow the advice given on here and ignore CAB
why on earth do these people tell you to pay then go to the expense of issuing a claim which will fail
its madness and inept!!
Feel free to private message me the details of the CAB branch who gave you that appalling advice so they can be corrected.

GinaGrey

ChirpyChicken said:

that is awful advice from the CAB, people should NOT contact CAB for parking tickets
Sorry but your really over thinking this
forget the issues with court claims, again your twisting this 
you dont need any independent legal advice at all, follow the advice given on here and ignore CAB
why on earth do these people tell you to pay then go to the expense of issuing a claim which will fail
its madness and inept!!
Feel free to private message me the details of the CAB branch who gave you that appalling advice so they can be corrected.

I only have my case reference number with CAB, it was a website chat, they didn't even send me the transcript I asked for (I copied it myself just to be safe), so I can't give you any contact details I'm afraid.

Do I ask PARKING EYE to send me copies of all their future correspondence also to be sent to my email address to avoid missing Letter Before Court though? Sorry, I've read all the advice/all various cases and I still don't know what my chances of winning are.

ChirpyChicken

no
You are over thinking this (about loosing claim letters etc)
anything else is irrelevant, 
just move on for now