Parking Eye -- Help Needed **Cancelled**

[1mper1um]

Hi,

 

Sorry for this has been asked before but I am concerned about this

and have a few questions about their letter and the way they have gone about things.

 

I received a letter from them for parking more than 2 hours on a car park.

The letter had a photo of my car leaving and entering the car park.

They say the 2 hour max limit free parking was clearly visible.

I disagree - I've parked tons of time and have never seen the signs (which I've only noticed since the letter).

 

I'm not happy because first of all they demand payment or the name of the driver if I wasn't the driver.

Perhaps I'm in wrong to feel this way but I don't take kindly to "tell us or else" threats.

I also don't take kindly to them saying they believe it's in their right to add charges as and when they like

should payment or info on the actual driver doesn't not come in on time.

 

Secondly, despite the letter being posted 9th Dec the wording made it seem like I had until the new year to pay the reduced fee of £60

(down from £100) as it said "reduced to £60 if paid within 14 days of the issue date: 23rd Dec".

This implied that the issue date wasn't until the 23rd Dec (weird, I know but that's how it read).

 

 

Then on 27th Dec I get a letter posted 18th Dec kindly reminding me that if it's not paid by the 23rd

then the full price is charged.

 

 

This is when I realised that their badly-worded initial letter meant I had 14 days from the 9th - which is the 23rd.

But getting it 9 days after posting meant their "reminder" was useless.

 

Third, and to make matters worse, I tried to call them an talk to someone

but there no option to speak to a human, point out the reminder letter came too late

and ask if I can just pay the £60 as a result, which is only fair IMO To make matters worse,

the automated service tells me that on top of the full £100 ticket they're going to charge me for paying by debit card!!!

 

 

[removed]

 

 

Here are my questions:

 

1) as it's private land (they mention this in their letter) can they actually enforce any payment? Court action, default/CCJ/police intervention etc?

 

2) How can they legally demand to know who the other driver was (if there was one)?

 

3) And if they can't legally demand you to give over another person's details,

how can they possibly take the matter further (court/default/police)

if you say you weren't the driver and you're not saying who was?

 

Thanks in advance.

[dx100uk]

so it was an ANPR capture?

 

 

have you appealed?

 

 

dx

[1mper1um]

Haven't done anything yet, letter only came yesterday. According to the letter, an appeal can only be made if there was an error in the ticket or if I can provide receipts from the shops (which I no longer have).

[f16]

What date was the "offence" ?

 

What date did the first letter arrive on your doormat ?

 

There will be no Police.

 

How did you pay for goods from the shops ? Credit card ? If so your statement will do for the receipts !!

[armadillo71]

NEVER phone any company related to private parking...

 

Always by letter or email so you have a 'paper ' trail.

 

As already asked;

 

Date of parking event?

 

Date on first letter(NTK)?

Date NTK received?

 

Your initial post is unclear on these facts and also who the PPC is?

 

( We can all guess at who Eagle Eye is, but it needs confirmation...)

[ericsbrother]

The law that allows a parking company to chase the keeper of a vehicle parked on private land has strict time scales for sending out paperwork so knowing the date of the incident and the dates you received the other letters is critical. The content of the letters should be posted up here with personal details redacted so we can see the exact wording of them to see if they are compliant with the legislation. It is common to send out a correct notice quickly followed by a load of other letters as they are not part of the process but can be construed as being intimidatory so worthy of keeping for future reference/complaint.

[1mper1um]

it's Parking eye not Eagle Eye lol.

 

I don't have a scanner but photographed the first letter and it can be accessed via the 3 pics here:

 

http://i414.photobucket.com/albums/pp221/1mper1um/IMAG0910.jpg

 

http://i414.photobucket.com/albums/pp221/1mper1um/IMAG0912.jpg

 

http://i414.photobucket.com/albums/pp221/1mper1um/IMAG0913.jpg

[dx100uk]

opps title changed!

[Bazooka Boo]

Ha ha, PE really do excel themselves in sending out utter rubbish..

 

How the hell can the date of issue be on the 6/1/2015 and then change to 23/12/2014??

 

Con artists, appeal this, get the popla code then appeal as it isn't a GPEOL.

[armadillo71]

You appeal as RK denying liability for the charge.

Cancel the charge forthwith or issue a valid code for the independent appeals service POPLA.

State that you are under no obligation to name the driver of your vehicle at the time of event.

Always get free proof of postage with any letter sent.

 

NEVER phone a PPC.

[1mper1um]

Ha ha, PE really do excel themselves in sending out utter rubbish..

 

How the hell can the date of issue be on the 6/1/2015 and then change to 23/12/2014??

 

Con artists, appeal this, get the popla code then appeal as it isn't a GPEOL.

 

 

That's what got me with the time scale for the reduced fee of £60 but have since realised they mean the 6/1/2015 is 28 days of the parking offence. Very poor English.

 

What are these acronyms you speak of - POPLA and GPEOL?

[1mper1um]

You appeal as RK denying liability for the charge.

Cancel the charge forthwith or issue a valid code for the independent appeals service POPLA.

State that you are under no obligation to name the driver of your vehicle at the time of event.

Always get free proof of postage with any letter sent.

 

NEVER phone a PPC.

 

How do I cancel a charge made by Parking Eye and where do I get/what is a 'valid code'?

I am happy to state I am under no obligation to name another driver but they said they will hold me liable so can't they take me to court? Not sure about PE but have heard of other firms taking people to court for non-payment. Otherwise wouldn't everyone hide behind not naming names?

[1mper1um]

GPEOL = Genuine Pre-estimate of Loss which I assume means they can't charge exorbitant fees but no idea about the rest I questioned. Help appreciated!

[f16]

Acronyms. ... POPLA and GPEOL

 

Click armadillo's "Abbreviations" (In red at the bottom of his post)

[f16]

Follow post # 10

 

Need the dates !!!!!! (Posts # 4 and 5)

[f16]

The valid code (POPLA code)

 

Will be given to you by Parking Eye (PPC). ...... After you make an appeal to them.

 

Dates First !!!!

[armadillo71]

Send this as your appeal to PE;

 

'As registered keeper of vehicle reg no. xxx xxx, I have received your letter ref. xxxx xxxx.

 

As registered keeper I am not liable for this charge.

 

Please cancel this charge forthwith or alternatively issue a valid code for the independent appeals service POPLA.

 

At POPLA I shall be demanding a full breakdown of the genuine pre estimate of loss that this charge must represent.

 

I am under no obligation to name the driver of the vehicle at the time of the event.

 

No further correspondence will be entered into.'

 

 

Head the letter ' Appeal ', and get free proof of postage from the post office.

 

As you have left it so late, appeal on their website as well as sending a hard copy through the post, so you will make the time frame that they make up/give you to appeal.

[1mper1um]

As per posts 4 & 5:

 

Date of offence: 03/12/2014

Date letter sent: 09/12/2014

Date of receiving letter: about 15h Dec.

 

 

 

I will send the appeal as advised (web and post). Thank you.

 

So I can get a better sense of the situation, could I get some answers outstanding from my last post? Namely:

 

 

• If I don't have to name the driver, isn't this a defence anyone can use all the time?
  
• They say they will hold me liable if I don't - is that an empty threat or can they take legal action?
  
• Haven't people been taken to court for non-payment of such parking tickets?
  
• How do I, as advised, cancel a charge made by parking eye?
  

 

 

Also:

 

 

• Who will head the appeal - an independent body or one biased towards the PPC?
  
• If I lose what will the outcome be (ie: the fine; fine + charges; note on credit file etc?
  

 

 

Thanks in advance

[renegadeimp]

PE will try and issue a claim if they can. They issue them like confetti, even though they have no standing in law. They see it as if 10% of people pay up, theyve just earned a small fortune that covered their overheads and more.

[ericsbrother]

they have the right to pursue the keeper in certain circumstances if the driver is unknown but the procedures haveto be followed correctly. By not naming the driver you are forcing them to follow the correct procedures which gives you the right to use an appeals service that otherwise doesnt have to be adhered to.

The law allows them to hold you liable if procedures followed as above so you cannot just say I was not the driver and leave it at that so you follow the appeals procedure.

People do get taken to court as a civil claim and if the claim is defended properly the parking company lose the claim. 75% of the court claims go undefended so the parking companies do well out of this.

You write to the parking company and say anything you want as an appeal, for example you could not read the signs so no contract was considered or accepted therefore no contract to breach. Leave it as simple as that and let them respond. they will reject your appeal but are obloged to give you a POPLA code to appeal to an independent adjudicator. This is where you have a very good chance of overturning the charge on 3 points covered in almost every post about PE, namely contract between landowner and PE, inadequacy of signage and lastly, the amount claimed is not a genuine pre-estimate of loss suffered by your breach of the contract (if formed) the last point, when made to POPLA is not now defended by PE, they save their efforts to harass less knowledgable appelants.

[f16]

You are under no obligation to name the driver.

 

People have been taken to court yes but the parking co's. only win if the "offender" is not clued up. (your in safe hands on here).

 

Post off the first appeal (post# 17) to the parking co. (as per instructions).

They will reject this but have to give you a POPLA code (second appeal).

This costs them money to provide the code.

 

POPLA is run by the PPC's but they listen to reasoning.

 

If you lose ????

 

That's not going to happen. If it did then it can not affect your credit file. ...... Unless they took you to Court. You lost and you then failed to pay them.

But you will beat this at POPLA.

[1mper1um]

Thanks so much - I am much more at ease now. Sending appeal in 3...2...1...

[1mper1um]

On their appeals page it asks if I am the driver, registered keeper, driver and registered keeper or other. I assume it's okay to identify myself as the RK, after all they sent me the letter so must have my details as RK?

 

It's also asking for email and telephone - I can ignore that, right?

[f16]

Appeal as RK only.

Email and phone I would ignore.

 

Send to them with proof of posting and copy everything and keep in a file !!!

[armadillo71]

On their appeals page it asks if I am the driver, registered keeper, driver and registered keeper or other. I assume it's okay to identify myself as the RK, after all they sent me the letter so must have my details as RK?

 

It's also asking for email and telephone - I can ignore that, right?

 

Everything is written by the RK yes.

 

You can give an email address if you wish but definitely NO telephone number...