Without the law behind them how would they enforce the time limits? No clamping allowed now so what's unreasonable about telling you the conditions of the contract and expecting you to stick to them? (Saving the mistakes like the OP and other mitigation.)
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Parking Eye
- Thread starter johnmc
- Start date
Mad Eyed Screamer
Moderator
They have to prove you stayed there for the period of time mentioned. Pictures of the car parked there at a certain time/s.They sent their "proof". A photo entering and a photo leaving (leaving out the leaving and entering in between) . How do I counter that?
Write and ask them are they 100% certain that you stayed there the whole day and if yes do they have evidence to back their claim up and tell them you are 100% certain that your car was not there the whole time and have evidence to back this up (don't tell them what it is) and tell them if they want to continue with the claim to take you to a small claims court.
Also write to the store and tell them as a result of this incident, they have lost a loyal customer who spends x amount of money weekly in the store and will be advising family and friends to . boycott them too.
Also inform them you intend to got to the local paper with the story as stores hate adverse publicity. You don't have to tell the local paper, just tell them you intend doing it!
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Mad Eyed Screamer
Moderator
Provide them with the rough times you entered and left both times and tell them that your solicitor has requested copies of cctv footage of the times involved. If they can't provide it then inform them that they cannot prove your car was there the whole time
yeseye
Well-Known Member
Surely a 'solicitor' would be dealing with this sort of thing direct. I'm not sure saying "my solicitor wants to see this and that blah blah blah.." would be any use imo.Provide them with the rough times you entered and left both times and tell them that your solicitor has requested copies of cctv footage of the times involved. If they can't provide it then inform them that they cannot prove your car was there the whole time
Technically yes, but I am not talking about the contract between the person parking and the car park operator. The car park operator must have explicit written authorisation from the land-owner to impose charges. In my experience, this written consent does either, not exist, or the operator does not wish to disclose the consent within the contract and therefore the appeal is upheld on this basis and no payment is due. Basically, it is a technicality on which many appeals will succeed through POPLA.By parking without question agreement is implied, if i ask to see the contract before i agree is that not legally relevant?
Parking Eye's evidence to POPLA will include their contract details even if you haven't raised it.
I think you are referring to the contract implied in parking on the land, i.e. that between the driver and the car park operator. I have appealed many cases requesting proof that the car park operator (Parking Eye) has the explicit written consent of the landowner to issues such charges. To date, this evidence has never been presented to POPLA and all the appeals I have submitted have been upheld on this basis.
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?
Over the past 5 years or so I have done about 20 - all of them successful. As stated earlier I do this for fun and none of the appeals related to my parking, just on behalf of friends and relatives . I only do it where there is a reason or the charges seem to be unfair, i.e. parking with one wheel on a white line (outside a bay) or 15 minutes over time due to queuing to get out of the car park (Trafford Centre).No I'm not. How many appeals have you made?
Obviously not all of these were Parking Eye but certainly some were and in all cases, I have never seen the terms of contract presented in the operators evidence.
Of course, this may have changed since I last submitted an appeal with Parking Eye but I was just offering some help to the people asking for advice, not trying to start an argument.
If your experience is different then so be it, I can only present from my own experience.
Hope that helps?
johnmc
Well-Known Member
Parking Eye's evidence to POPLA will include their contract details even if you haven't raised it.
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?
I took the train to work. She had the car all day. When I came home from work at around 6pm I took the car and went for beer and petrol.
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?
If you haven't gone to POPLA yet then you still have that avenue open but you can only appeal on legal points and proof to counter the charge. You could request the printout of all registration marks recorded entering and leaving the car park that day and then find your car in the list leaving (you know the approximate time) and also re-entering. The ANPR records of the car park operator would, therefore provide you with evidence for a successful appeal. Likewise, if the operator does the same they may see that your "defence" stacks up and take the matter no further. Wait to see what they come back with, the charges cannot increase whilst you are in correspondence with them.