hello I am new to this forum. 2-3 months ago I received a parking fine when I overstayed in a free supermarket car park by 2 additional hours in july this year. the limit was 2 hours I stayed 4. I was charged £85 (reduced to £50 is paid quickly) I did shopping in the supermarket but also went uptown and forgot the time. anyway, I appealed this as I believed it was too harsh since the carpark was not full and I don't believe I cost the company or the supermarket £85 by my overstay. I sent a cheque of £15.00 to parking eye as I believe this to be a fair figure.(actually sent two because I didn't think they received first) this has since been cashed by parking eye but they demand more from me. They did however give me an additional 14days (starting 3days ago) to pay at the reduced rate again. the problem I have, is that I have sent two separate £15.00 cheques at least one has been cashed in(haven't checked bank to see if both were yet) so surely I would have to only pay £20.00 more, not the £50 or £85 they are asking for. on top of this, I rang their automated service number to pay tonight and after giving my details over the response given was 'there is no outstanding amount due for this reference number' so my issues are: I tried to pay but was told I owed nothing I am sent two letters demanding payment both on same day, both asking for different amounts I have already paid £15 (potentially £30) 3-4 weeks earlier, neither acknowledged but cashed I have no idea what I owe, no idea if I even owe it anymore, no acknowledgement of payment and not able to pay on phone. I am getting a little concerened because I have also received a letter before court claim and being self employed as a tradesman I rely on my credit rating a lot. Can anyone give me some advice please regards

I received a PCN from ParkingEye for parking at the Welcome Break Warwick (South) services for 4 hours 40 minutes on the 22/05/20015 I received the PCN today, the 12/06/2015 the Parking charge is £100 discountable to £60 payable by the 07/07/2015 I was completely unaware of there being a time limit to parking there, it was dark and i have no idea if there are visible signs or not. I expect there are signs, but were they illuminated I've no way of knowing, it was dark and late i was knackered from driving back from Liverpool after a full days work. Clearly i did park more than 2 hours as i fell asleep in the car, but what course of action do i take, pay the £60 and take it on the chin?

I have received a county court claim from ParkingEye. I went to the cinema in Southampton but didn't register my car details. Particulars of Claim Claim for monies outstanding from the defendant, as registered keeper, in relation to Parking Charge, issued 20/12/2014, for parking on private land in breach of the terms and conditions (the contract). ParkingEys's automated number plate recognition system, monitoring Leisure World, Southampton, SO15 1RE, captured vehicle entering and leaving the carpark, parking without a valid paid parking ticket. The signage clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by ParkingEye Ltd, and is a paid parking site, along with other T+C's by which those who park on site agree to be bound. In accordance with the T+C's set out in the signage, the Parking Charge became payable. Notice under the Freedoms Act 2012 has been given under Sch 4, making the keeper liable. This claim is reference to Parking Claim **********. I have a letter from Odeon Cinema confirming that I did purchase cinema tickets on that day and therefore am entitled to 4 hours free parking. Sent a copy to ParkingEye but so far they have ignored it. I did not overstay a free period as every other case seems to be including Beavis, but did not register my car details. I think they would settle for £60 but if I go to court, set for August, I could lose £175.

I went Leisure World in Southampton to watch a film. ParkingEye took over the car park in June last year. The car park is 4 hours free parking for Leisure World users but you must enter your Car registration details to qualify. I didn’t. Received a PCN in the post, £100.00 would be reduced to £60.00 if paid in 14 days. I went on-line and checked the parking at Leisure World and it said “Free for 4 Hours”. Thought the PCN must be a mistake so ignored it. 9 days later a second reminder letter arrived. I went on-line to seek advice on parking on private land and the general defence advice at the time was ignore it so I did. £100.00 would be reduced to £60.00 if paid in 4 days. 21 days later a third letter arrived. £100.00, must be paid in 14 days. Again went on-line, unfortunately not on this site, and the advice was, as I was not the driver, to respond that I was not the driver and therefore not liable. Received County Court Claim Defended Claim based on on-line advice, again not this site, My defence was based on the fact that I did attend the cinema and therefore was entitled to 4 hours free parking. I also stated that I was not the driver and therefore not liable and also that as they are claiming a breach of contract they could only claim their losses and as 4 hours are free their loss was nothing. Courts acknowledged my defence. ParkingEye issued a Notice to Proceed, a 47 page letter. They have quoted a case involving a District Judge HHJ Maloney. This is a case they won but it is regard to two people overstaying a free period. I did not overstay a free period but did not register my car. They also said that I could not change my defence at this point without the courts permission. I understood that I have to submit a witness statement at some point and that would include any evidence I want to use in the case. Directions questionnaire (Small Claims Track) received and I completed and returned. ParkingEye sent me a their copy, signed “PE” as the claimant. Notice of Transfer of Proceedings to Portsmouth County Court. I am awaiting Judge’s directions. I have since sent a copy of a letter to ParkingEye from Odeon Cinema’s stating that they can confirm that I did purchase cinema tickets on that day and therefore entitled to 4 hours free parking. I need help.

I received a notice to keeper asking for £100, discounted to £60 if paid within 14days. £100 for 20mins in there! No clear signs seen, other than it was a private car park. It was dark also. Assumed it was an industrial estate and remained with the car the whole time. Naively assuming it'd be no trouble and would move on if asked. Planning to appeal on the grounds of unreasonable charge and will use the parking cowboys letter! Wish me luck!

Hello I parked in a local shopping centre car park and went to the library and shops. The parking was 3 hours for free. I went to leave before this time was up and noticed a new store round the back and went to have a look. The car park seemed to be a separate one so I thought it would be OK and stayed a bit longer. I received a Parking Charge Notice from ParkingEye in the post 2 weeks later saying I had overstayed by 33 minutes and was charged £100 or £60 if paid in 14 days. By the time I received it there were only 7 days left. I sent in an appeal and it was rejected by post which I received yesterday. My appeal was based on the following: (I sent it as the registered keeper and not driver but did not point it out specifically): The car was not improperly parked. I asked for evidence of where the car was between the times mentioned. Inadequate signage. Photos enclosed of the second car park with no signs visible in half of it. Unreasonable and disproportionate terms. £100 is not a realistic prediction of loss. Unethical use of ANPR (an unreasonable and disproportionate response to parking management) as per theInformation Commissioners's Office 2013 Data Protection Code of Practice for CCTV. It's a poor area and the shops there are mostly discount stores.P { margin-bottom: 0.21cm; direction: ltr; color: rgb(0, 0, 0); }P.western { font-family: "Liberation Serif","Times New Roman",serif; font-size: 12pt; }P.cjk { font-family: "DejaVu Sans"; font-size: 12pt; }P.ctl { font-family: "Lohit Hindi"; font-size: 12pt;* I am aware of my rights under the Citizen's Harassment Act 1997. Any more letters from them will be kept in evidence of harassment. I also sent evidence of purchase from one of the shops in the the form of a till receipt I sent a copy to the local councils and local MP. The MP said "It is difficult for us to give advice on parking fines, but we do believe that it may not be possible to enforce a parking fine when it is given for a parking infringement on private land. We aren’t totally sure about this so can’t definitely say it is the case, but that does seem to be what the situation is." The response from ParkingEye was: "You have provided evidence of purchase. However, please be adivised that this did not meet the discretionary criteria set by the landowner in this case. We are therefore writing to advise you that your recent appeal has been unsuccessful. This is because you have not provided sufficient evidence to show that you did not break the terms and conditions on the signage." The sent the POPLA form and "as a gesture of good will" have further extended the "discount" period another 14 days, half of which are already up because it was dated last week. What should I send to POPLA? Do I have a chance of winning and not going to court? I am feeling a lot of stress right now but have got this far because this seems really wrong!

I have today (30th January) received the letter below from Parking Eye dated 15 January 2015. I did not receive the original PCN letter it refers to. I changed address shortly before the "Date of Event: 06 December 2014". There was a delay with the DVLA updating my details and my mail re-direction service failed so I assume the original PCN is one of the items Royal Mail mis-delivered. The letter says: "The 29 days have now passed and the amount now payable is £85.00, this payment is required within 14 days to avoid further action." As this letter was redirected and delayed, it is now 14 already over days after it was sent. Please would someone advise me how to proceed? Is it best to just pay the fine now? If there is any way I can still appeal/complain, here's an overview. The I understand the car park at the retail park allows 45 minutes parking free of charge, after which time you must purchase a ticket. On the day in question I spent more than £40 in one of the stores at the retail park (I have the receipt). I then briefly visited other stores at the park but did not purchase anything. I am not sure how much time over the 45 minutes I stayed but I don't believe it would have been very long. The driver and the registered keeper are the same person. Thanks in advance for any help.

Interesting news blog from the Prankster; ' The Prankster's Smart Parking mole has informed him that they have poached Ben Johnson from ParkingEye, and he is now Smart Parking's new Managing Director. Ben is rumoured to be ruthless, and his first action was to made a large number of redundancies, sweeping out unnecessary senior operations managers to streamline the operation. It appears the company will now concentrate primarily on ANPR only operations and remove manpower from sites. ' http://parking-prankster.blogspot.co.uk/2015/01/are-smart-parking-next-parkingeye.html

My wife went to local Aldi for first time using their car park. Have today received parking charge notice for £70 (reduced to £40 if paid within 14 days) for parking in the Aldi car park. Allegedly my wife should entered her registration at a terminal inside the store to qualify for free parking. She did not see the sign. She did her shopping in the store then departed (33minutes later). Have read through other threads that suggest this is virtually a [problem] and should be disputed. Appreciate some assistance/thoughts from anyone who can help. Seems disgraceful that by taking custom to a store we havent used before can cost and extra £70. Guess where we wont be going again !

Hi all I had a PCN from PE March 2013 and sent a letter built from advice on forums asking for a POPLA appeals code. I got nothing back until 2 days ago when I got a letter threatening court action unless I pay up. Is there a statute of limitations with this? Is there an easy way of telling them they are too late or do I have to follow the process to continue to rebuff their claim? Thanks for any advice! Simon

Hi, I'm starting this thread to keep a track of my progress in fighting a small claims court notice I received today. Background: my local Morrisons handed control of their car park to ParkingEye about 5 years ago as it is a free car park but they found local office workers parking there all day - perfectly sensible. Unfortunately, this caught out a lot of locals who would go to Morrisons and then a few other shops on the local high street. This happened to my wife only a few months after PE took over. We recieved a fine in the post from them which I ignored (the advice at the time, about 2009). I also ignored the following 3 other letters and finally never heard anything again. In July of this year, my wife got caught again. We received the fines in the post again and I ignored them, unaware the standard advice on these had changed. PE have now referred it to the small claims court and, reading through this and other forums, it looks like it almost certainly will go to court. I have acknowledged the claim on MCOL, e-mailed Morrisons (not expecting much) and also mailed POPLA (but I think I'm too late to get them involved). Any other advice?

Hi all. I will post the basic information then my recent changes to it. On May 7th we parked at a Premier Inn in Manchester to meet friends. They said it would be ok to park for free due to us meeting guests as they had available spaces not in use. Upon coming back from a holiday in India, I found 3 letters from Parking Eye. One was a standard fine, asking for £100 or £60 within 14 days. After this i had a blue claim form, Issued on the 28th July 2014, with a claim for £175 including £25 court fee and £50 solicitors costs. I then contacted Premier Inn, and explained as they were the landowners and agreed it would be ok to park, I should not be liable. They agreed and said they would contact ParkingEye. After doing this 2 weeks later I have recieved the following.... Judgement for Claimant from parking eye. Demanding £100 for debt and £100 for costs. It has a "The County Court" stamp on it, but it looks like a standard piece of paper and not like it is from a court. It is dated the 26th August, and warns me at the bottom that "if i ignore this order my goods may be removed or sold etc". Can I ask where I legally stand regarding this? I should obviously not have to pay anything now as Premier Inn has confirmed to me on the phone and via email this has been dealt with on their end. Has anyone experienced anything similar? Thanks.

Hello all. I’m hoping for some help regarding a ParkingEye county court summons. The background is I was falling asleep at the wheel of my car late at night on the motorway while driving home from a meeting at the other end of the country, so pulled into the nearest services for a nap and a coffee. I was aware of the two-hour parking limit and so set my phone alarm, but was so tired that it didn’t wake me and I overstayed my welcome. There were signs but I didn’t make any attempt to read them because I was aware of the two-hour rule and had no intention of staying longer. I did purchase coffee during my stop and the car park was virtually empty so I’m quite sure I did no harm, especially with it being an alternative to falling asleep in the fast lane. Thus far, I haven’t done the right thing with this ParkingEye saga and this latest development has had me in tears wondering how the heck I’m going to get rid of it without sacrificing my credit rating or my sanity. I run my own business and the last year has been tough, extremely tough. I’m up to my eyeballs in debt and have been working 18-hour days for months trying to stave off bankruptcy. Thankfully there is now light at the end of the tunnel but the last few weeks it’s really started to catch up with me. My head’s mashed, I’ve become an adrenalin-fuelled zombie and I’ve just packed my child off to her grandmother’s for a few days to try and catch up. It’s like I’ve thrown everything I’ve got at keeping our heads above water this year to avoid defaults and CCJs - and then along comes ParkingEye to slap one on me anyway for oversleeping in a car park. I don’t want to sound like a whingebag in explaining that, or to sound like I think sympathy will get me anywhere with ParkingEye. What I mean is I haven’t had either of the things one needs to get rid of ParkingEye: time, or money. So when their initial demand dropped onto my doormat my response was “no chance”. No chance am I paying £60 (upped to £100 for any dawdling) for 45 minutes parking when I can barely afford food or childcare. Yet I can no more afford the alternative: days of researching a fight-back. But appeal I did. I spent hours researching this forum and others, stated my legal arguments (primarily genuine pre-estimate of loss), but was so hacked off at being made to drop everything and respond to their demands in their timescale that I’m afraid it did deteriorate into a bit of a rant towards the end which in hindsight I regret. I may have suggested they take me to court, without having thought through the fact I don’t have the time or energy for that sort of fight. Needless to say it got rejected. So I set aside a morning to write my POPLA appeal but after a whole day of researching reams of information on legal arguments I took the decision that I couldn’t waste a third day on it, that I wouldn’t complete the appeal, that I couldn’t get it done properly before the deadline and that surely they wouldn’t take it all the way to court anyway. Instead I contacted ParkingEye’s client, the motorway service station, in the hope they might help this to go away quicker. I spoke to two duty managers and they were actually quite approachable and listened and promised to pass my details to the site manager. I haven’t had a response but didn’t chase them up, hoping they might have called off their dogs without feeling the need to inform me and so waited to see if I heard from ParkingEye again. Wishful thinking that was. The letter before county court claim is still sitting in my in tray, and of course now the actual claim form from Northampton County Court has arrived. Much as it would stick in my throat to do so, if I had the ever-increasing sum of money needed to make this go away I would, shamefully, pay it. I haven’t got spare days to research, prepare, write, attend court and fight yet more stress without driving myself into a big hole. I don’t think I even have the mental capacity to get my head around the legal arguments anymore but as a company director I cannot afford a CCJ against me. So I’m going to have to find the will and the time to fight this aren’t I? And hopefully I’ve made a start by posting this today. But goodness do I resent this pressure at having to defend myself from for such a miniscule crime that had no bad intentions behind it. Apologies for such a long post. Any general advice would be appreciated, but specifically I’m hoping for guidance on: Now it’s got to court summons stage, does the landowner still have the authority to call it off or is there no turning back now? Does anyone know if any public safety arguments have been made in court in similar cases when a tired driver overslept after trying to do the sensible thing and pull off at motorway services? Is there any defence in that angle at all? My main concern is the CCJ. Is the only way to guarantee avoiding one to pay up without going to court? Or to agree with the claim? Are there any clear lines of defence on this one that I might have missed? Thanks for reading and for a very helpful forum.

Since they now seem to know exactly who I am I see no point in continuing to keep my fight against this particular 'company' under wraps, though of course I may not always reveal all details in advance ... For those who haven't seen my previous posts re this particular parking company, some background is that I live in an apartment, the car park for which can only be accessed by crossing an Aldi car park for which we have a right of way. The Aldi car park is of course managed by PE who have ANPR cameras pointed at the entrance/exit, but nowhere else. This means of course that once a vehicle has entered the car park, PE have no idea whether it parks there or in our car park and what's more, they don't give a monkeys! In 5 years this household and our visitors alone have had well over 100 parking charge notices. Until October 2012 they were just ignored, but since then I've appealed every single one. Up until a couple of months ago PE just cancelled them - only one slipped through the net and got sent to POPLA and that one was cancelled too as soon as they knew about it. To save anyone doing the maths 100 'fines' per household x the number of households in the block = approximately £100,000 so no prizes for guessing why PE, despite knowing about the problem for 5 years, have done nothing to resolve it. In the last couple of months PE have upped the ante. They no longer allow me to do appeals on behalf of my guests - totally contrary to BPA and POPLA rules - and far from cancelling every charge, they're now disputing every one. With less than a week to go before the next POPLA decision is due, they suddenly submitted a pile of junk they called evidence. Not only that, we have today received yet another charge for the same vehicle. The final straw was having to apologise to the other half's ex because I told her I would deal with PE (one of their sons had used her vehicle to visit - had we not had a civilized relationship, the repercussions of this 'ticket' could have been horrendous) who then insisted on directing all correspondence about the appeal to her. prior to the POPLA evidence thing, I had submitted complaints to DVLA, BPA and Aldi with no holds barred. Despite the apparent connection, there's no way the complaints could have been received and communicated to PE in time for them to put their bundle together, it is just coincidence. I am not expecting anything from BPA, PE are far too big to have any action taken against them by the association they fund, I'm expecting DVLA to initially refer my complaint to BPA at which point I will involve my MP, but I'm hoping Aldi at least will finally see sense over this. It wouldn't be difficult to solve my issue and stop their car park being horribly abused by all and sundry - a simple count of the number of cars parked their when the store isn't even open would be a clue to how effective PE's current methods are, though of course the last thing PE want is for no one to abuse the car park ... currently there are outstanding complaints to anyone I can think of plus 3 outstanding POPLA appeals, one of which is due to be decided this week, and 5 outstanding appeals to PE which I may or may not get a response to any time soon. Progress will be posted to this thread, as will anything I think will help anyone else once it's done it's job for me. Hopefully. Here's Parking Prankster's thoughts on the subject http://parking-prankster.blogspot.co.uk/2014/08/is-anpr-always-fit-for-purpose.html

Hi, I pay for my parking at a ParkingEye carpark which I park in every working day. The payment is made by me via my salary and was taken from me during the relevant month by my employer. ParkingEye have sent me a £100 parking charge notice for one of the days I was there last month. I have appealed (and reminded them one week later since I hadn't had a response) and have had this rejected (together with a POPLA code) with the reason being given as, "no parking was purchased on the date of the parking event". I know I've paid the monthly charge and have parked there every working day ever since without charge - and for about two years previously actually! Soooo, I think I have a pretty solid case and also think I should be able to get some recompense for the hassle of the three letters and two replies I have had to compose to respond to their 'threats'. How should I go about this? Clearly, a court would throw this out but I would like to make a rather costly point of how ParkingEye treat people who are in the complete right. Any interesting ways of making this gradually expensive for ParkingEye would be welcome

Hi everyone as the title says i have received a county court claim form from parkingeye for a unpaid pcn that happened nearly 16 months ago What would be the best form of defense, the case relates to a hospital car park that my wife parked in. She was in her mums disable car taking her in after she suffered a minor stroke, parked in a disable bay with blue badges showing however unbeknown to the wife you were meant to register your car if it displayed blue badges Any advice most welcome thanks

Good afternoon dear Forum, This is my first post. I have been advised to ask opinion in the forum by another user who has so far been very helpful with suggestion as to how to proceed with a ParkingEye PCN. I have read the FAQs and Forum rules so I hope this is correct procedure. The car is in my mothers' name and I am a named driver. She was notified by mail with pictures of the car entering and leaving the supermarket carpark. We received several letters and ignored them on advice. We have not got a Northampton Court Claim Form. Please could you be ever so lovely and review the letter I have drafted (again from a template from my forum member friend) and let me know if I am on the right track or if I am missing something pretty important. Many thanks Will Dear Sirs On 13/03/2014 I was the registered keeper of a **** registration number ****. Before I decide how to deal with your Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter. I dispute the parking charge for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level. 1. No contract There was no contract between the driver and ParkingEye Limited. The driver did not see any contractual information on any signs when entering the car park and therefore at that time had no idea that any contract or restrictions applied. As a consequence the requirements for forming a contract such as a meeting of minds, agreement, and certainty of terms were not satisfied. 2. Trespass If there was no contract, then at most the driver was guilty of a civil trespass (though this is neither admitted nor denied). If this were the case, the driver may be liable to damages. Given that no ‘damage’ was done to the car park and that the car park was not completely full when the driver parked or when the driver left, there was in fact no loss at all. 3. Punitive/unfair/unreasonable charge Even if there was a contract (which is denied), the following matters are relevant: 3(a). Punitive The parking charge you are imposing is punitive and therefore void (i.e. unenforceable). The £85 parking charge is arbitrary and disproportionate to any alleged breach of contract or trespass. This would also apply to any mention of any costs incurred through debt recovery unless it followed a court order. 3(b). Unfair The £85 parking charge you are imposing is an unfair term (and therefore not binding) under the Unfair Terms in Consumer Contracts Regulations 1999. In particular, Schedule 2 of those Regulations which gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1)(e): ‘Terms which have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation.’ Furthermore, Regulation 5(1) says: ‘A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer’ And 5(2), which states: ‘A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.’ 3©. Unreasonable The £85 parking charge you are imposing is an unreasonable indemnity clause under section 4(1) of the Unfair Contract Terms Act 1977, which says: ‘A person cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.’ Further information I require you to provide and take notice of Please note specifically that this letter is not an appeal however, it is a challenge to the issue of the Notice to Keeper as set out in the BPA AOS Code of Practice B.22. I should be grateful for answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct. 4(a). Cause of action. Please make this clear. If it is your claim that the driver entered into a contract, please send me a complete version of the terms and conditions of that contract to which you say the driver agreed to. 4(b). Further to the above please explain fully on which of the following grounds your claim is based: (i) Damages for trespass (ii) Damages for breach of contract (iii) A contractual sum 5. Your loss. If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages, please give me a full breakdown of the actual loss you say was suffered by your business or the landowner/landholder. 6. Appeals procedure. I require a copy of any appeal procedure you follow, along with details of what factors you take into account; who is the judge or arbitrator and whether they are independent; whether you require oral or written submissions; whether it is governed by the Arbitration Act 1996 and any other relevant factors. In addition, please give me disclosure of any arguments you would put forward on this matter in any subsequent appeal process so that either the registered keeper or the driver might consider his or her response to any existing or new issues which are raised. 7. Your status. Your Notice to Keeper simply mentions ParkingEye Limited. Please tell me who is the actual creditor making this £85 parking charge demand. I need to know exactly who is making the claim and in what capacity. 8. Ownership of premises. Please tell me who owns the car park as I wish to send them a copy of this letter. 9. Contract to operate. Please provide me with a copy of the contract between your company and the landowner/landholder. 10. Involvement of landowner/landholder. Please explain any involvement, if at all, of the landowner/landholder with the management of parking at this site and specifically with regard to the issue and enforcement of your Notices to Keeper. 11(a). Photographs- handling. Your notice refers to ‘photographic evidence’. Please send me a copy of your procedures for handling and processing that evidence and the relevant audit trail. Furthermore, under section 7 of the Data Protection Act 1998 please send me a copy of all such photographs along with a copy of all other data you hold relating to me. As this would be required to be disclosed in any event as part of your evidence bundle in the small claims process, I do not expect to pay for the release of my personal data which you hold. 11(b). Photographs – evidence. The copies of the photographs that you have provided along with the Parking Charge Notice merely show my vehicle entering and leaving the car park but do not show the actual alleged parking contravention on which your Parking Charge Notice has been issued. Please therefore provide me with copies of all photographs that evidence the actual alleged parking contravention itself 12. Signage. If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point. 13. Legal representation. Please provide me with the name and address of your solicitors, if any, in order that I may copy them into this correspondence. 14. To avoid doubt, please do not do any of the following: (i) Send any further correspondence or documents to me or try to communicate with me in any way except to address in writing the specific points I have raised in this letter. (ii) Send me any document purporting to be from the county court unless it is a valid claim form duly issued. (iii) Write to me threatening to send bailiffs to my address without first issuing a court claim form and obtaining judgment. (iv) Send me any standard letters from your company or debt collectors . 15. If you wish to make a claim you may do so online. My address for service is set out at the top of this letter. If you do decide to issue proceedings, please note that: (i) I reserve the right to add further arguments to the defence (ii) I or my representative will be happy to attend any court mediation that might be offered. 16. I look forward to receiving your acknowledgement within 14 days and a comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I shall respond to your Notice to Keeper. 17. If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision. 18. I request that the acting court be transferred to my local court in Hastings, both where I live and where the alleged offence took place. The address is The Law Courts Bohemia Road Hastings East Sussex TN34 1QX 19. If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16. Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation. Yours faithfully,

I'm expecting court papers from ParkingEye shortly and will be submitting a defence based around them not being the landowner, not a true pre-estiamate of cost etc as well as a mitigating circumstance (the mitiaging circumstance wont hold much weight in law, but may help get some sympathy). I was however wondering about a further line of defence and that is the definition of parking. ANPR records when you enter the site and exit the site and parkingeye issue a ticket based on the differance between the 2. However at the point of entry and point of exist you arent actually parked as the car is in motion. You could in principle spend x amount of time driving around looking for parking. Would the fact that the car is not parked when the entry and exit photos are taken and that the contract stipulates '2 hours free parking' hold any weight in law?

I received a ParkingEye Parking Charge Notice for £100. I had stopped my car on the corner of the central parking area at the Royal Free, and was waiting in it, engine running, while my friend went to drop something in to one of the wards. This took 16 minutes in total. I had not noticed any signs saying no waiting. However, I saw subsequently no waiting signs at the 'set down zone' which appears to be the area by the wall of the hospital, and marked with diagonal lines. I was not parked in a space, was not blocking a space, and was not preventing any vehicle from passing me. I wrote a letter, but received a letter saying I didn't purchase a valid ticket etc. Then I wrote another letter saying I was not 'parked' but sitting in the car, etc. I just received another letter saying my appeal was unsuccessful 'due to the fact that the car park is a 'Pay & Display'/Paid Parking' car park only'. I telephoned and was told that it is private land and I was not allowed to wait. Is it worth appealing to POPLA? The letter says that if I lose I will have to pay the full amount rather than the reduced one. Your advice appreciated, as I have been reading previous posts but still not certain of best course.

Hello, On the 25th November at 19.05 (after dark) we parked in a little car-park opposite Wickes in Hove which is on the Davigdor Retail Park. The small car-park had had a large re-cycling bin unit in it, plus other re-cycling bins. The car-park was marked off from the road by a series of yellow hoops. There were no signs to say we couldn't park there. There are other car-parks nearby which do have little yellow signs. see picture 01. Using Google I was also able to show that there are no signs at all on the entrance side of the car park we were in see 02 When we got back, we noticed that there was a small yellow sign behind the re-cycling unit, in a shady place under a tree so it was not lit up by the street lights, which said that we were not allowed to park there for more than 2 hours. I can't remember what the notice said exactly .. ie was it a penalty charge or a parking charge which they were threatening us with if we stayed longer. I'm going to ask my son to pop round and photograph the sign for me, and to check for any other signs. Photos 04 and 05 show the siting of the notice behind the large recycle and under a tree. I have received a PCN from ParkingEye. To start with it is not addressed properly as it does not have my name correctly, having used part of one of my middle names as a surname. It says it is a parking charge notice for Davigdor Road Retail Park It says the signage is clearly displayed at the entrance to and throughout the car-park, but, as you can see from the photos, this just isn't so for the car park I was in. The car was driven by my husband and I who are both insured to drive it. I am its keeper. Does the Protection of Freedoms Act schedule 4 affect my case? I don't know who owns the land. The point I took image 01 from Google is public road.

Today I received a penalty from parkingeye, I have looked around the forums and some people say leave it and some people say appeal. Im guessing the correct process is to appeal to PE (which im guessing gets auto declined) then get a POPLA number and then appeal there too? Apparently I was in the carpark for 6 hours, which I dont even remember going to that day, let alone 6 hours! Surely i'd remember that. Any help is appreciated with examples for letters to send Thanks

A bit of help needed I parked in Morrison's car park and when I had returned to my vehicle I was surprised to find a parking ticket attached to my windscreen. The title (top of the ticket) is by a company called ParkingEye. Their reason for issuing the fine is "obstructive parking" and "none patron" (im assuming they've got me on cctv). I certainly did not park within two bays nor was I blocking any disabled/wheelchair access users. I've read several threads from last year telling me to "ignore" the letter and dont bother appealing. Just want to confirm if this is still/(or not) the current view. (I think it may have changed which is why I am writing this). Any help/advice would be much appreciated!! ps. It also says on the fine that "ParkingEye LTD is a member of the Approved Operator Scheme and British Parking Association." PSS. This happened within England (the scottish laws are different i believe) Thanks in advance !!!

Hi All, we have seen many notices sent out to RK's who have been targeted by this company for alleged breaches of contract on retail parks for overstaying the max time for free parking...Even though they don't own the land. Well I am happy to report that the Scouse Magic had a lovely bank holiday with his Mrs but whilst travelling back on the M1, we decided to stop at a Welcome Break motorway service area in Newport & Pagnell.. Upon entering the main entrance we observed signage issued by ParkingEye which says this... "Maximum stay 2 hours, between 2 and 24 hours £10" along with all the usual speil about contracts..and goes on to quote "ParkingEye are authorised to monitor parking on behalf of Welcome Break." The companies at the service station were WH Smith, Eat Inn, Starbucks, KFC and Waitrose.. The first thing that struck me was that why are these terms and conditions different to a retail park ?? The Signage went on to say "You can pay by paybyphone dot co dot uk or at WH Smith" Upon googling the above, it appears that payment is made to ParkingEye who is listed on that site as a operator. So I asked myself where does the £10 go to and why should I pay £10 for maybe 3 hours when someone staying 24 hours pays the same....Do ParkingEye keep the £10 or pay the Landowner or the busnisess's who pay a premium to be there....? Not that I wanted to stay longer than 2 hours, or indeed anyone would for that matter, I concluded that as I had no mobile telephone, option 1 was out so I went to WH Smith and bought a CD then asked the young lad about extra parking to which he had no knowledge.... Next on to KFC and after asking for the person in charge, and thanking him for a lovely 2 pieces and chips, I asked how much parkingEye had paid KFC for either charge notices issued, or each £10 collected......Answer.."No Idea" I wonder if ParkingEye are paying business rates to the council for operating on this site along with every other business who pay a premium...? Lastly Im not convinced Welcome Break own the land, will cost £19.95 on the land registry website I believe to find out.... Nowhere on the signage did it state 'ParkingEye have authority to issue court proceedings.' Happy Hols !

Hello Folks, Wonder if those in the know about private parking company PCNs - namely ParkingEye can jump in with some constructive feedback here. I received a PCN from ParkingEye today (dated 5 days ago) parking in Tunbridge Wells whilst in a closing down Comet store. They asking for £60 by 22/12 or it will become £100. I Was in there for 2h 24m (time allowance is 2 hours) but was in the shop genuinely buying some products (albeit discounted as they were shutting down , that i lost track of the time i had been in there. I have been doing lots of research about appealing the PCN with PE directly, complaining to the retailer (not possible as they are now gone bust), ignoring letters, etc but am worried that they may escalate this matter to higher authorities - bailiffs, Courts, credit agency etc. I take pride in maintaining a good record with all concerned, but this matter has got me puzzled. They offer an email address to appeal to - if so is it safe to email an appeal or safer by post? Not sure what to do, would appreciate any feedback you can generously provide. Best regards, Ryan

I would really appreciate some clarification about the situation I've gotten myself into with a rental car! Earlier this month we rented a car from a large car hire company. This week I received an invoice from the car hire company explaining that we'd received a parking fine while using the car and that the car hire companyhad charged it to our credit card and charged a £42 administration fee ("the charges on this invoice cover costs incurred in providing the driver or renter name and address to the relevant authority in the UK, subject to notification of a traffic offence that is alleged to have occurred during the period covered by the original rental invoice"). I had no idea about the fine and was not aware that we had 'committed' any parking offence. The car hire company phrases the issue as a traffic offence, which is presumable not as ParkingEye has no real right to charge us - correct? However: Under normal circumstances, everything I have read about ParkingEye's methods and their 'fines' leads me to believe that I would not and should not pay. The complication is the car hire company and the 'driver' rule. If the car hire company pay the charge with our credit card (and charge us on top of that), we've lost. We phoned the bank but they wouldn't stop the charge from going through. Having read more of ParkingEye, we're phoning the bank again tomorrow to clarify the situation and see if they'll freeze the transaction for now. The car hire company can identify us (and have) as the ones in possession of the car during this period. However, it was a single driver agreement and I was not driving. And it is my address they have (the driver lives abroad). What to do? I don't want to get into a dispute with the car hire company, but I don't think we should have to pay this 'fine' as well as a £42 administration fee. It seems that the car hire company, who will be aware of ParkingEye's activities, have jumped on the bandwagon to earn money. (I phoned the car hire company today and the representative said they'd waive the admin fee as a gesture of goodwill if ParkingEye granted an appeal. However, PE is unlikely to do this because it wouldn't benefit them!) Any advice greatly appreciated!