Parking Eye

[marco]

Apologies. This topic has been covered before but I seem to recall a change in the procedure recently in that it's best not to ignore these letters anymore.

Anyway, I've got a fine from Parking Eye saying I was in asda car park for 9 hours. Thing is the missus went in shopping at 9am and I went to put petrol in at 6pm. So it was two separate occasions.

I've got proof of my purchase using my card and I was in work that day so impossible for me to be there in the morning. The missus went in to buy a birthday cake for my daughter but they didn't have it so she left without purchasing.

If I go into asda will they sort it or do I have to go through parking fucking twating eye.

mrs works for ASDA and they will tell you to contact PE, none of the car parks at ASDA stores belong to the stores anymore, but PE are absolute dog turds to deal with. we changed our car which the mrs uses for work and got 35 parking tickets off them, they had cocked up putting our car details into their computer, each parking ticket was a separate issue and it took months to get sorted

 

[grant1977]

When you say you appealed do you mean you contested the fine with the company who fined you and they ruled against you?
Also, is it financially worth the risk to take it to court?

We appealed direct to Parking Eye who dismiss the claim. The fine has now gone up to £100 from £50. They have said we can now appeal again with a third party, not the Financial ombudsman.

They reasoning was that although we had paid the correct amount she had incorrectly gave her registration. Seems outrageous to me tbh. What I don't want to do is end up getting a CCJ or anything like but I'm minded to get it to court to see what a judge would say

 

[johnmc]

The missus has found a transaction for that day out of her account so there are transactions going out in the am and the pm off different cards.

Is it pointless talking to Asda then?

 

[Mustard Dave]

We appealed direct to Parking Eye who dismiss the claim. The fine has now gone up to £100 from £50. They have said we can now appeal again with a third party, not the Financial ombudsman.

They reasoning was that although we had paid the correct amount she had incorrectly gave her registration. Seems outrageous to me tbh. What I don't want to do is end up getting a CCJ or anything like but I'm minded to get it to court to see what a judge would say

Although the law has changed, and given more power to the parking companies, the penalties (not 'fines' - only a court can impose a fine) are still based on contract law. A penalty in a private contract can only be imposed if they suffered an actual loss, which in this case only relates to the admin costs of issuing the ticket.

The third party is an organisation called POPLA, and anybody can ask for their case to be referred to them if the initial appeal to the parking company is rejected. POPLA often rule in favour of the driver, and their fees must be paid by the parking company, irrespective of outcome. For this reason, many back down when you ask to refer the appeal to POPLA.

Don't be afraid of CCJs - this is a common scare tactic used by these bastards. A county court will decide whether a debt is valid, and then rule as to how it is to be paid. If you lose the case, but pay the amount due within the timescale that the court rules, the CCJ is not recorded and has no impact on your credit score. CCJs only affect your credit score if you default on them.

 

[johnmc]

Although the law has changed, and given more power to the parking companies, the penalties (not 'fines' - only a court can impose a fine) are still based on contract law. A penalty in a private contract can only be imposed if they suffered an actual loss, which in this case only relates to the admin costs of issuing the ticket.

The third party is an organisation called POPLA, and anybody can ask for their case to be referred to them if the initial appeal to the parking company is rejected. POPLA often rule in favour of the driver, and their fees must be paid by the parking company, irrespective of outcome. For this reason, many back down when you ask to refer the appeal to POPLA.

Don't be afraid of CCJs - this is a common scare tactic used by these bastards. A county court will decide whether a debt is valid, and then rule as to how it is to be paid. If you lose the case, but pay the amount due within the timescale that the court rules, the CCJ is not recorded and has no impact on your credit score. CCJs only affect your credit score if you default on them.

We do credit checks at work and it will tell you how many CCJ's a company has had. You could well be right that it doesn't affect the actual score but the number of CCJ's does form a basis of opinion on a company.

 

[Corky]

Although the law has changed, and given more power to the parking companies, the penalties (not 'fines' - only a court can impose a fine) are still based on contract law. A penalty in a private contract can only be imposed if they suffered an actual loss, which in this case only relates to the admin costs of issuing the ticket.

The third party is an organisation called POPLA, and anybody can ask for their case to be referred to them if the initial appeal to the parking company is rejected. POPLA often rule in favour of the driver, and their fees must be paid by the parking company, irrespective of outcome. For this reason, many back down when you ask to refer the appeal to POPLA.

Don't be afraid of CCJs - this is a common scare tactic used by these bastards. A county court will decide whether a debt is valid, and then rule as to how it is to be paid. If you lose the case, but pay the amount due within the timescale that the court rules, the CCJ is not recorded and has no impact on your credit score. CCJs only affect your credit score if you default on them.

Penalties aren't enforceable under English and Welsh contract law, it is liquidated damages that is used.

 

[Blue Maverick]

Although the law has changed, and given more power to the parking companies, the penalties (not 'fines' - only a court can impose a fine) are still based on contract law. A penalty in a private contract can only be imposed if they suffered an actual loss, which in this case only relates to the admin costs of issuing the ticket.

The third party is an organisation called POPLA, and anybody can ask for their case to be referred to them if the initial appeal to the parking company is rejected. POPLA often rule in favour of the driver, and their fees must be paid by the parking company, irrespective of outcome. For this reason, many back down when you ask to refer the appeal to POPLA.

Don't be afraid of CCJs - this is a common scare tactic used by these bastards. A county court will decide whether a debt is valid, and then rule as to how it is to be paid. If you lose the case, but pay the amount due within the timescale that the court rules, the CCJ is not recorded and has no impact on your credit score. CCJs only affect your credit score if you default on them.

Yep I'll go down this route if they deny it, they have incurred no loss and I've sent them a photo of the ticket, I can't see how they reasonably wouldn't accept it, however if they don't I'll go to court over it, I've not tried to deceive anyone and they've not lost money.

 

[gordondaviesmoustache]

@Mustard Dave has pretty much nailed it.

The Supreme Court in Parking Eye v Beavis determined that around £85 is not a penalty and so is fair play, which it's hard to argue against tbh.

That said, you shouldn't be paying anything as you're not liable based on what you've posted. Try and speak to the manager of the supermarket. As it's Asda he'll have more weight with those cunts than it says on the tin imo. Failing that, you'll have to go through Parking Eye's appeal process (which you'll lose - they won't even read your letter imo) and then to POPLA, which you should win. It's a fucking ballache, but a necessary one, I'm afraid.

The whole CCJ thing is designed to frighten you and shouldn't deter you from seeking out justice. Parking Eye and their ilk are sub-human scum who prey on weakness and a lack of legal knowledge. They are fucking lowlife cunts.

 

[StrangewaysHereWeCome]

Food for thought there @grant1977

 

[Mustard Dave]

We do credit checks at work and it will tell you how many CCJ's a company has had. You could well be right that it doesn't affect the actual score but the number of CCJ's does form a basis of opinion on a company.

It may differ with respect to companies, and it seems reasonable for a party in a business deal to want to know if the other party is frequently disputing debts. It is certainly the case with individuals that CCJs are only recorded if they fail to comply with the ruling.

Penalties aren't enforceable under English and Welsh contract law, it is liquidated damages that is used.

That is the correct term; I chose the word 'penalty' to avoid using jargon. Liquidated damages basically means the damages designated when the contract is formed, in order to compensate the other party/parties if there is a breach. In the case of 'parking charge notices', this would be the amount stated on the signage around the car park. Under common law, liquidated damages cannot be enforced where they are intended to punish the wrongdoer, or enrich the enforcing party.