Couldn't pay for parking so left car park in 5 mins...ParkingEye VHK Southall

kumarrk02

Hi All,

I need some help and advice. On 12/09, I went to Southall. At one instance, I went to park at the VHK, Southall. The machine would only accept payment via their app or by phone. Due to recent fraud (fake barcode/phone no) I decided to download their app. Due to poor network coverage, it was taking ages to download the app, so i gave up and left the carpark(for another one). I was there just for a few mins, and their ANPR took pic of entrance and exit (5 mins 30 secs).

They obviously has sent me a letter. I appealed stating i was the keeper and not the driver. Also, there was no contract as I could not use their own app and did not want to use their phone (due to possibility of fraud). I therefore rejected their terms and left the car park.

They responded that I have to either state the name driver or I will be liable.

I have uploaded all 3 correspondences -

1. Letter received (2 pages),
2. My appeal (2 pages), and
3. Their response (email)

I need to respond them again, but unsure what to add more, maybe the photo of the car does not show the car was actually parked in a parking bay and therefore not really indication of usage of their parking space?

Any advice on how to respond to them will be really appreciate!

Kind regards

M.

my appeal p2.png

Parking fine letter P2.jpg

Parking fine letter P1.jpg

Parkingeye response.jpg

Gr1pr

Ignore them, do not respond, let their threat expire

Coupon-mad

"They obviously has sent me a letter. I appealed stating i was the keeper and not the driver. Also, there was no contract as I could not use their own app and did not want to use their phone (due to possibility of fraud). I therefore rejected their terms and left the car park."

That's quite mixed messages, unless you were a passenger! See what I mean?

On the one hand you told them "I wasn't driving" then you pretty much suggested you were…

What about Plan A? See NEWBIES thread.

James_Poisson

I agree with @Coupon-mad with this, your appeal is really very poor and looks akin to admitting you were the driver, which in this case would do no harm IMHO.

There was no parking event, the terms of parking were rejected, and by their own ANPR records the vehicle left within the (ridiculous) arbitrary consideration period of 5mins,.

They are either trying it on or giving you a way out by identifying the driver to appeal under the consideration period route, who know with scammers, I think this would win at POPLA how can they reject this:

https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130426-2.pdf

2.9 Consideration Period

the time the driver:

is in the process of parking (or in a no stopping zone while driving), and is allowed to read and understand the applicable terms and conditions and decide whether to accept them and remain or reject them and leave.

UnsureAboutthis

https://forums.moneysavingexpert.com/discussion/comment/82169360#Comment_82169360

This is without a doubt one of the most informative posts I’ve come across on this forum.

I regularly attend hospital appointments at a site with three ANPR-monitored car parks. Quite often, you find yourself driving around looking for a space, or trapped by the one-way system, forcing you to exit rather than drive in circles.

Rather than hand money over to these crooks, I go directly to the main reception desk to explain the situation and have my registration logged on their system and I pay on leaving the spot I parked in. It’s rare to find that level of flexibility in standard private car parks—full marks for an excellent post!

Thank you

kumarrk02

Thanks everyone. Sorry, I just realise d that 1st page of my response is missing. Unsure if I forgot to upload it it was removed my admin.

I didn't identify the driver(I hope so, but agree I gave too much information in my response), but thought if I added the reason for the 5 mins due to technical issue, they will cancel the fine.

I guess I should've stick to telling them to look for the driver.

I also called the temple, landowner then they said they cannot help and I should contact the parking company directly.

Should I respond with the above texts as per James above?

I don't want to mess it up this time.

Thanks again in advance...

Car1980

I'd just walk away. There is no contract between the two of you. Consideration periods are neither here nor there when it comes down to the old app download situation. And I wouldn't trust Popla to cancel a charge if I was on fire.

Parking Eye mostly use the DCB Discontinue route nowadays. Just come back for reassurance if you get a letter before claim.

Coupon-mad

Yep just ignore it, as post 4 of the NEWBIES thread explains, see the photos there. We do not want to see £170 demands.

Come back here only when you reach the letter explained in post 2 of the NEWBIES thread.

James_Poisson

It's not a "fine" and telling them to "look for the driver" won't work.