Parking eye fine Leeds

[sarahchad]

Please help

My partner borrowed my car and

 

a parking fine has come addressed to me (incorrectly as a Mr not Miss ) charging me £60 for an over stay in their car park

that goes up to £100 if not paid within 14 days.

 

Now my partner did pay, he returned and put some more money on paying with his phone as he was at work and hadn't finished.

Now he didn't realise it was a max stay of so many hours and he was not allowed to park for the 7 hours 33 mins that he parked for.

 

It doesn't specify in the letter how long you were supposed to stay for and my partner had missed the point that it was a no return car park.

My partner is genuinely dyslexic and has struggled to understand that he wasn't allowed to put more money on

 

I'm guess I'm asking whether I am within my rights to not tell them who was driving as it wasn't me

and if I do have to tell them whether there is a possibility we can appeal as we still have proof of payment.

 

Help would be really appreciated as we really could do without having to pay at this time of year

[ericsbrother]

The first thing to do is to tell them that you were not the driver at the time.

 

Read the notice sent to you very carefully and if it demands that you tell them who the driver was

then by all means do so but if it doesnt then just tell them that it wasnt you and wait for them to ask who was the driver.

 

Make them do the work, dont do it for them and only answer what is asked regarding the details of the driver.

 

When your partner gets a letter from them read it very carefully and then appeal if it is necessary using a reason that it most suited

 

but dont bang out an appeal that doesnt fit the circumstances

becasue the second payment should have not been accepted if their claim is correct

so there is more to this than a simple overstay/payment issue and it appears they are very much in the wrong on this.

[dx100uk]

and its NOT a FINE

 

its a speculative invoice

 

dx

[sarahchad]

It does ask for his details and says that if I don't provide them they will pursue me for the money. It says

" As we do not know the drivers name or current postal address, if you were not the driver at that time you should tell us the name and current postal address of the driver and pass this notice to them"

So shall I write to them and give them my partners details? Thank you for your reply by the way!

[themagician]

It does ask for his details and says that if I don't provide them they will pursue me for the money. It says

" As we do not know the drivers name or current postal address, if you were not the driver at that time you should tell us the name and current postal address of the driver and pass this notice to them"

So shall I write to them and give them my partners details? Thank you for your reply by the way!

would you really do that! or you can go on the advice given .

[sarahchad]

Ok so the advice is to write and say I wasn't the driver and leave it there? Sorry if I'm being stupid here it's just I read it as that if it specifically asks for details (which it does) then I have to provide them.

Thanks for your time x

[ericsbrother]

Try asking them how they have tried to identify the driver of the vehicle

and tell them that you were not the driver at the time.

 

They are obliged to give notice to the driver and sending you a letter

and asking you to pass it on does not fit the bill.

 

Para 7 of the PoFA 2012 tells parking companies what they are to do

and PE's sending stuff to the RK in the post as a first resort doesnt fulfill the requirements.

 

They will argue back that they have the right to pursue you

but that is only true if other requirements are met

and that would include proving they have the right to enforce

and this is the bone of contention in many cases

as they refuse to give sight of a contract with the landowner that entitles them to do so

and that means that para 5 conditons are not met.

[sarahchad]

I have just written my letter

and before posting it I have checked my partners phone for the proof of payment to double check.

 

I have now realised why he has been charged.

 

He used his mobile app for parking eye to pay

and it is pre populated with his vans number plate and not my cars!

 

Obviously he paid for the full time as he can prove but he paid for the wrong car.

 

I'm guessing they can check CCTV that his van was not in the car park that day

and it's just a genuine mistake ?

[ericsbrother]

It doesnt matter as he has paid the relevant fee to be there. Putting the wrong reg in has caused PE to bill you but that does not mean that you are liable to pay them a penny as they havent lost any money. You can explain if you wish and it will make things easier but dont pay them any more money and if they say that is not good enough then they are wrong, the contract is formed when you paid, not because they have the wrong details on their system. The car didnt park itself so they have no grounds to demand more money. Any claimed breach of their conditions vis a vis the wrong vehicle is such a small matter that the law will not be bothered with it so if they do say you have to pay them tell them that the matter is "de minimis" and any attempt at trying to force payment of the money can now only be a penalty, not a recovery of a loss.

[sarahchad]

Thanks for that, I'm going to try and sort this out today. Just to think I would just usually take this sort of thing on the chin and pay , I won't be in the future !

[ericsbrother]

dont phone them.