Parking Charge Notice from Parking Eye

[JoannaHH]

Please can someone advice what I should do. Received a parking charge notice of £100 on 17/11/14 for parking in the Europa Hotel Gatwick (Crawley) car park while having a drink. Time there 2 & half hrs. I was driving a courtesy car from Tates of Portslade who normally automatically pay parking fines on behalf of the customer, but in my case I told them not to so they are sending my details to Parking Eye. The hotel has lots of signs up but print is small, it was pouring that night, car park badly lit, I didn't see signs. The signs told guests to register vehicle at reception to avoid the fine. When I re visited hotel there was a notice at the reception but not at the bar. Manager says I should have kept bar receipt to prove I was there. Do I have grounds to contest this fine?

[Cardiff Devil]

Is the parking free for visitors to the hotel? If so, tell them to get stuffed. Did you use a credit or debit card while you were there? If so, you'll have evidence available in the form of bank statements. Send them an appeal letter stating that you were a visitor to the hotel at the time, and therefore are have not breached any of their terms and conditions, and that you are formally requesting a POPLA code should they not accept the challenge. If they reject it, appeal to POPLA using the GPEOL argument, and win.

[JoannaHH]

Thank you! Have also just called British Parking Association who say everything depends on how clear the signage was. At the entrance is a small yellow warning sign cars may be towed away. Apparently this is illegal, only the Police can put signs like that up. There were lots of high up signs poorly lit around car park but weather was dreadful, didn't notice them, assumed as a guest to their bar it would be ok to park there.

[f16]

What date was the "offence" ???

[armadillo71]

How did you know to tell the hire company that you were getting a parking charge notice, and not to pay it?

 

 

You say you have received the notice, yet the hire company are giving you details to PE?

 

 

Some clarification please...

[JoannaHH]

My friend who I was with that evening forewarned me because they got one too. The "offence" was on 15th October and notice arrived 11 November but hire company informed me on 17th. Apparently notices need to be issued within 14 days. Also apparently a charge notice is an invoice or invitation to pay. It is not a fine or penalty because legally only the Police and Government can issue parking fines. (1970 Administration of Justice Act) So in effect they are meaningless so why they even come to court is beyond me.

[armadillo71]

My friend who I was with that evening forewarned me because they got one too. The "offence" was on 15th October and notice arrived 11 November but hire company informed me on 17th. Apparently notices need to be issued within 14 days. Also apparently a charge notice is an invoice or invitation to pay. It is not a fine or penalty because legally only the Police and Government can issue parking fines. (1970 Administration of Justice Act) So in effect they are meaningless so why they even come to court is beyond me.

 

 

Why didn't your friend tell you to register then.... ?

 

 

Did the hire company receive the NTK within 14 days?

 

 

You were then named as the driver by the hire company and received a NTD when?

[JoannaHH]

Hi,

Hire company did not receive parking charge notice within 14 days. They received it nearly a month after the 'offence'. They notified me a day after receiving it so thats not a problem. They named me as driver 2 days after receipt. Haven't had notice yet but I responded to the original one sent to hire company. I didn't want the problem lingering. I don't understand what you mean 'why didn't your friend tell me to register?'

[ericsbrother]

ok, as you are the driver the notice periods dont count for avoiding any liability. When you get a demand from PE you appeal to them stating that the signage at the ite was inadequate and confusing, mentioning the tow-away sign just to rub it in. If they reject your appeal them they have to issue you a POPLA code within 35 days of receiving your appeal to them. his placves a time limit on their actions as thye cant go any further if they dont send you the popla code.

[armadillo71]

' The signs told guests to register vehicle at reception to avoid the fine. '

 

 

'My friend who I was with that evening forewarned me because they got one too.'

 

 

'I don't understand what you mean 'why didn't your friend tell me to register?' '

 

 

(Can't quote normally for some reason!)

 

 

If your friend was with you, and knew you had to register your car, then why didn't she tell you to register when you were there? That's what comes across...

 

 

Have you had a reply to your appeal to PE yet?

[Cardiff Devil]

That reads as: "My friend who was there didn't register and also received an NTK." Chances are the friend would have received theirs in the post directly as RK, rather than going through a hire car company, so they would have had prior warning of the incoming NTK before the OP did.

 

At least the hire company did the right thing, forwarding the notice on, rather than simply paying it and billing the driver.

 

Appeal to Parking Eye if you haven't already stating that no loss has been suffered by Parking Eye or the hotel as you were a customer of the hotel at the time. If you used a credit or debit card while you were there, print off some statements that show this and keep them handy as evidence. Make it clear that you are expecting a POPLA code should they not accept the appeal.