Parking Eye

[inbetween]

I have done quite a few successful appeals. 100% of the time when the fine/penalty was wrong I have managed to get the penalty charge dropped. On a few occasions where it was perhaps more debatable due to staying over time limits by 10 minutes etc. the case can usually be dropped due to technicalities.
There are a lot of online resources for this but if in the case of ASDA and Parking Eye I would always ask for sight of the contract that entitles Parking Eye to charge on land on which the car park is located. In approx. 10 cases I have done they have never been able to provide the contract and the case has been dismissed by POPLA.

PLEASE NOTE: I do this for fun on behalf of friends and relatives, I do not simply ignore parking regulations! The fact is that most of these parking charges/penalties are the basis for how these companies make money and in my opinion, it is a disgrace that businesses are allowed to operate legally on this basis in a modern democratic nation!

If anyone wants a bit of advice then PM me and I will do my best.

Here is my situation with ParkingEye. I have no problem owning up that I went over despite the mitigating factors of getting done for 14 minutes over at 10pm when the shops on the small retail park were closed. I used the car park to go to a restaurant next door and my alternative was parking 10 minutes walk away with elderly folk out with us. They could argue we shouldn't be parking there if we weren't using the shops but the signage doesn't reflect this and surely then the car park should be closed off.

If it was £10 I would pay it but £100 does not make sense, if that charge was justifiable IE their loss was evidential then that is absolutely fine but surely in a free car park their presence is designed to curb abuse, their cameras directly prove we were not abusing the car park as it was empty.

A lot will point to the recent court case where some moron judge said it was justified but even then it is not justifiable in my case because by comparison the nearest council car park becomes non-enforceable after 6pm. They also do not fine people £100 for overstaying if it was before 6pm. I have appealed to ParkingEye on the basis of the above and notified them I will go through POPLA if it is rejected, I also asked to see details of the contract with the landowner..

Naturally it has been just over a month or more since I appealed and I have heard nothing. Do they have a time limit to reply?

 

[Helmet Cole]

Torch the car and say it was stolen. Then brick their windows.

An elegant solution. They end up paying for new windows and you can say their clamp caught fire and your car went up with it. That way they are left to dispose of the wreckage, you get an insurance payout/new car and no fine.

 

[Mad Eyed Screamer]

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.

Sorry, correct, I meant let them know that your solicitor will be requesting a copy of evidence (and also let them know that should they lose the case they will be paying your solicitors fees too)

 

[bluwilpgs]

Here is my situation with ParkingEye. I have no problem owning up that I went over despite the mitigating factors of getting done for 14 minutes over at 10pm when the shops on the small retail park were closed. I used the car park to go to a restaurant next door and my alternative was parking 10 minutes walk away with elderly folk out with us. They could argue we shouldn't be parking there if we weren't using the shops but the signage doesn't reflect this and surely then the car park should be closed off.

If it was £10 I would pay it but £100 does not make sense, if that charge was justifiable IE their loss was evidential then that is absolutely fine but surely in a free car park their presence is designed to curb abuse, their cameras directly prove we were not abusing the car park as it was empty.

A lot will point to the recent court case where some moron judge said it was justified but even then it is not justifiable in my case because by comparison the nearest council car park becomes non-enforceable after 6pm. They also do not fine people £100 for overstaying if it was before 6pm. I have appealed to ParkingEye on the basis of the above and notified them I will go through POPLA if it is rejected, I also asked to see details of the contract with the landowner..

Naturally it has been just over a month or more since I appealed and I have heard nothing. Do they have a time limit to reply?

I am not aware of a time limit, but they are either getting together a reply with a copy of the contract, or my guess would be that they are possibly going to drop it. If they come back to you without a copy of the written authority then you can appeal through POPLA on the basis that you have not been provided with proof of their legal authority to issue the charge in the first instance. If you make this your first point on an appeal (and possibly your only point based upon what you have stated), then you may well succeed on the basis that they have not or cannot produce a copy of the written authority.

Good luck!

 

[Vic]

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).

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?

My apologies. It was 6 months ago (and not Parking Eye) - I thought Premier Park had been more explicit about their contract but they had merely said they were authorised to manage the site. My "offence" was to stay chatting to a colleague after dropping him off at the car park at 10 pm (his the only car in there). I never left my car, but was there 12 minutes (hour charge was £2). I argued I had never intended to enter into a contract (and entry signs did not say it was 24 hours). To my surprise POPLA refused the appeal with a massive non-sequitur: I accept that the appellant may not have seen the signage from the bay he was situated in. However, the appellant states “I was aware that it was a chargeable car park but not that charges applied through 24 hours.” As such, I can only conclude that the appellant was aware that there were charges within the site but opted not to pay. Therefore, I am satisfied that the operator issued the parking charge correctly.

Anyway, I've exhausted the debt-collectors (never replied to them). The key issue is that the Beavis case was predicated on needing a high turnover of vehicles in a retail park - but this was a small town centre car park at night when parking on the adjacent street was free so their "genuine pre-estimate of loss" was nil (so wasn't like Beavis). I can't imagine they'd go to court with it (and face a counter claim for unreasonable hassle!).

 

[johnmc]

Response received.

Thank you for your correspondence in relation to the Parking Charge incurred on 16 December 2016 at 18:20, at Asda Ashton Under Lyne car park.

You say that you were not on the site for the stated period. After reviewing your case, there is no evidence to substantiate your claim therefore the Parking Charge still stands.

In order for ParkingEye to consider the appeal further, we will require evidence confirming you were not on site for the time as stated on the Parking Charge Notice.

ParkingEye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided.

Alternatively, payment can be made by telephoning our offices on 0330 555 4444 or by visiting www.parkingeye.co.uk or by posting a cheque or postal order to the address detailed below.

If this charge has been paid and you choose to provide further evidence relating to your appeal, please forward this to us for consideration.

Yours faithfully


Can I legitimately ask for details of all registration numbers for cars that entered that day?

 

[Uncle Wally One Ball]

Response received.

Thank you for your correspondence in relation to the Parking Charge incurred on 16 December 2016 at 18:20, at Asda Ashton Under Lyne car park.

You say that you were not on the site for the stated period. After reviewing your case, there is no evidence to substantiate your claim therefore the Parking Charge still stands.

In order for ParkingEye to consider the appeal further, we will require evidence confirming you were not on site for the time as stated on the Parking Charge Notice.

ParkingEye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided.

Alternatively, payment can be made by telephoning our offices on 0330 555 4444 or by visiting www.parkingeye.co.uk or by posting a cheque or postal order to the address detailed below.

If this charge has been paid and you choose to provide further evidence relating to your appeal, please forward this to us for consideration.

Yours faithfully


Can I legitimately ask for details of all registration numbers for cars that entered that day?

No I would think that breaches the Data Protection Act, and to be fair does nothing to help prove/disprove your case either way. Its about your car, not anyone else's

 

[johnmc]

No I would think that breaches the Data Protection Act, and to be fair does nothing to help prove/disprove your case either way. Its about your car, not anyone else's

It would show my car leaving and entering again though.

 

[Uncle Wally One Ball]

It would show my car leaving and entering again though.

They will give you your car's details leaving and entering but not anyone else's details.

 

[Mustard Dave]

Tell them to poke it. The issue with ANPR cameras failing to recognise number plates, and counting two separate short visits as one continuous stay is well known, We know it, Parking Eye know it, and POPLA know it. If they are stupid enough to pursue it, they will most likely lose.

Dear Fascist Bully-Boy,

I am in receipt of your letter dated XXXX. I have a number of witnesses who will provide a sworn statement upon request, stating they witnessed the vehicle in question being driven, or parked, in a location other than the car park at Asda, Trashton-under-Lyne during the period you claim it was parked.

If you still intend to proceed with this frivolous action, please furnish me with the following information:

• All maintenance records from the previous 12 months for the ANPR system.
• A statement from the equipment manufacturer that supports your assumption that failure to log the entry/exit of every vehicle cannot happen.
• Details of all relevant type approvals and specifications to which the equipment is manufactured.
• A notarised statement from the equipment operator confirming the equipment was in full working order on the day in question.
• CCTV footage that shows the vehicle for the entire duration of the alleged overstay

I do not expect any further correspondence, other than to provide the above information, a statement that case has been referred to POPLA, or preferably, confirmation you are no longer pursuing this ridiculous claim. If I receive any correspondence other than requested, I will report the matter to the police, with a view to pursuing a criminal prosecution under than the Protection from Harassment Act 1997.

May the seed of your loins be fruitful in the belly of your woman,

John