Parking Eye

Not sure how you prove you left and returned if their cameras didn't pick it up. Anyone could park all day with purchases at either end then claim they'd left and returned. Can you prove the car was somewhere else during the day? Anyway POPLA say "We have received many appeals where appellants have questioned the accuracy and the reliability of ANPR cameras. We consider the evidence in each case on its own merits. In circumstances where a parking operator’s evidence is the vehicle entering and exiting but an appellant provides persuasive evidence that they were not there for the full period, or did not enter, we have allowed appeals."

The test case is Beavis (overstaying in a retail park). The courts say that the business model is based on fines for overstaying and is justified by the need to ensure spaces are available for other customers.

Best I can find for the OP is that if they don't withdraw the ticket or POPLA don't allow the appeal, you'd have to ignore all the debt collection letters and wait till you get a notice of court proceedings then you'll be talking to a lawyer who will prefer to take a safer case to court.
http://parking-prankster.blogspot.co.uk/2014/03/new-transcript-available-parkingeye-v.html?m=1
 
talkativesprout said:
could a person ask to see the contract at say customer service desk on entering the store....If one wanted to be a **** or fore armed...or have i got the wrong end of the stick?
Click to expand...
No when you lodge an appeal it can only be on the basis of law not emotion about the rights and wrongs. If you ask for proof that they are legally entitled to issue a penalty charge for parking on that piece of land then (in my experience) they have never been able to do so. The failure to provide this results in the case being (correctly) dropped by POPLA on appeal. The fact is that they probably do not want to expose the detail of the contract but if it results in the charge being dropped then all is good. I hope this clarifies ( I've had a few glasses of wine!).
 
bluwilpgs said:
No when you lodge an appeal it can only be on the basis of law not emotion about the rights and wrongs. If you ask for proof that they are legally entitled to issue a penalty charge for parking on that piece of land then (in my experience) they have never been able to do so. The failure to provide this results in the case being (correctly) dropped by POPLA on appeal. The fact is that they probably do not want to expose the detail of the contract but if it results in the charge being dropped then all is good. I hope this clarifies ( I've had a few glasses of wine!).
Click to expand...

By parking without question agreement is implied, if i ask to see the contract before i agree is that not legally relevant?
 
Vic said:
Not sure how you prove you left and returned if their cameras didn't pick it up. Anyone could park all day with purchases at either end then claim they'd left and returned. Can you prove the car was somewhere else during the day? Anyway POPLA say "We have received many appeals where appellants have questioned the accuracy and the reliability of ANPR cameras. We consider the evidence in each case on its own merits. In circumstances where a parking operator’s evidence is the vehicle entering and exiting but an appellant provides persuasive evidence that they were not there for the full period, or did not enter, we have allowed appeals."

The test case is Beavis (overstaying in a retail park). The courts say that the business model is based on fines for overstaying and is justified by the need to ensure spaces are available for other customers.

Best I can find for the OP is that if they don't withdraw the ticket or POPLA don't allow the appeal, you'd have to ignore all the debt collection letters and wait till you get a notice of court proceedings then you'll be talking to a lawyer who will prefer to take a safer case to court.
http://parking-prankster.blogspot.co.uk/2014/03/new-transcript-available-parkingeye-v.html?m=1
Click to expand...

Cheers.

Would a letter from work confirming my attendance that day suffice? The missus paid on her card in the morning. And me on mine in the evening. The only thing is, on checking the statements, it doesn't give a time of purchase. But I'm sure work would confirm I was at work during the hours of 9-5 so impossible for me to be in the car park at that time.

The missus also went to a dance class with my youngest daughter, for lunch and picked up my eldest from school later in the afternoon so would are letters from people who would confirm this enough.

It's annoying more than anything as any company like this could pick up on a car using their car park more than once in a day and just say here is a photo entering and here is it leaving and then it's up to you to provide evidence that you were there twice and not the whole day. Might not always be possible and they have fucked you over. I'd hold my hands up if I was there all day.
 
bluwilpgs said:
No when you lodge an appeal it can only be on the basis of law not emotion about the rights and wrongs. If you ask for proof that they are legally entitled to issue a penalty charge for parking on that piece of land then (in my experience) they have never been able to do so. The failure to provide this results in the case being (correctly) dropped by POPLA on appeal. The fact is that they probably do not want to expose the detail of the contract but if it results in the charge being dropped then all is good. I hope this clarifies ( I've had a few glasses of wine!).
Click to expand...

Hi mate. Like a dick I replied without any evidence attached and just told them exactly what happened and said evidence can be supplied if required. So i suspect it will be knocked back. Is then a case of going to POPLA or will parking Eye say provide evidence?
 
Vic said:
Not sure how you prove you left and returned if their cameras didn't pick it up. Anyone could park all day with purchases at either end then claim they'd left and returned. Can you prove the car was somewhere else during the day? Anyway POPLA say "We have received many appeals where appellants have questioned the accuracy and the reliability of ANPR cameras. We consider the evidence in each case on its own merits. In circumstances where a parking operator’s evidence is the vehicle entering and exiting but an appellant provides persuasive evidence that they were not there for the full period, or did not enter, we have allowed appeals."

The test case is Beavis (overstaying in a retail park). The courts say that the business model is based on fines for overstaying and is justified by the need to ensure spaces are available for other customers.

Best I can find for the OP is that if they don't withdraw the ticket or POPLA don't allow the appeal, you'd have to ignore all the debt collection letters and wait till you get a notice of court proceedings then you'll be talking to a lawyer who will prefer to take a safer case to court.
http://parking-prankster.blogspot.co.uk/2014/03/new-transcript-available-parkingeye-v.html?m=1
Click to expand...

The OP doesn't have to prove anything. It is up to the parking company to prove that he did stay there all day
 
johnmc said:
They sent their "proof". A photo entering and a photo leaving (leaving out the leaving and entering in between) . How do I counter that?
Click to expand...

I had a similar one to this with the photos of entering and leaving the car park I went to the management of the business park where I work and they confirmed where my car was from their cctv between the times on the penalty charge I e mails the company telling them this and if they sent me a blank cd I would provide them with the ages they wrote back saying the penalty had been cancelled
 
bluwilpgs said:
No when you lodge an appeal it can only be on the basis of law not emotion about the rights and wrongs. If you ask for proof that they are legally entitled to issue a penalty charge for parking on that piece of land then (in my experience) they have never been able to do so. The failure to provide this results in the case being (correctly) dropped by POPLA on appeal. The fact is that they probably do not want to expose the detail of the contract but if it results in the charge being dropped then all is good. I hope this clarifies ( I've had a few glasses of wine!).
Click to expand...
Parking Eye's evidence to POPLA will include their contract details even if you haven't raised it.

johnmc said:
Cheers.

Would a letter from work confirming my attendance that day suffice? The missus paid on her card in the morning. And me on mine in the evening. The only thing is, on checking the statements, it doesn't give a time of purchase. But I'm sure work would confirm I was at work during the hours of 9-5 so impossible for me to be in the car park at that time.

The missus also went to a dance class with my youngest daughter, for lunch and picked up my eldest from school later in the afternoon so would are letters from people who would confirm this enough.

It's annoying more than anything as any company like this could pick up on a car using their car park more than once in a day and just say here is a photo entering and here is it leaving and then it's up to you to provide evidence that you were there twice and not the whole day. Might not always be possible and they have fucked you over. I'd hold my hands up if I was there all day.
Click to expand...

How did your missus have the car for lunch and ferrying the kids if you were in work all day?

Ignore early advice. Tell Asda. They may at least be able to confirm the two transactions - are the cards on the same account?
 
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