Parking Eye issued a "fine"

[THE_Liam]

If you're worried about not paying, write back and ask them to prove you were driving, as the fine is levied against the driver, not the registered keeper. They'll write back asking you to declare who was driving, and you just write back to tell them you have no legal obligation to do so, and ask them to prove you were driving themselves. Boom, no more contact. Done that with the couple of companies that threatened court, the rest I just ignore. Quite honestly, I go to a lot of Leeds RL away games and what some of the parking companies charge is horrendous, stadiums have no parking for away fans either, so I just don't pay. If you go to St Helens's new ground, there's a huge home fans car park you CAN'T park in, and a private one next to it that wants £15! f*ck that.

[tigerstyle]

Hertz paid it

Its not hard to fight them at all. As others have said, they make everything look official and scary to scaremonger people into paying.

Hertz paid it, I wouldn't of paid it, but I had no choice, Hertz then just refuse to refund money and hide behind terms and conditions that aren't tight enough to actually be used in this case. It's frustrating.

[Niall]

Hertz paid it

Its not hard to fight them at all. As others have said, they make everything look official and scary to scaremonger people into paying.

Hertz paid it, I wouldn't of paid it, but I had no choice, Hertz then just refuse to refund money and hide behind terms and conditions that aren't tight enough to actually be used in this case. It's frustrating.

I know Just saying for other peoples benefit. In case you hadn't noticed from this, i have quite a hatred for these companies and the sooner they went out of business, the better lol

[jamesgmg]

Been through this myself last year with Parking Eye. Ignored as was the current advice, but they changed their tactics and started court proceedings against a load of ignorers.

The easiest ways to get rid of this is to get a POPLA code and using http://forums.pepipoo.com/ to submit a letter based on "not a genuine pre-estimate of loss". They were winning at POPLA every time last time I checked.

Also if you were a genuine shopper or whatever you were doing, hassle the store, show any proof or purchase, post on their facebook page etc. This is how I got mine cancelled.

Don't ignore Parking Eye, you will likely get court papers, but it's easy to beat them also if you act now.

[ginge191]

If you're worried about not paying, write back and ask them to prove you were driving, as the fine is levied against the driver, not the registered keeper. They'll write back asking you to declare who was driving, and you just write back to tell them you have no legal obligation to do so, and ask them to prove you were driving themselves. Boom, no more contact.

that's a nice point actually; shall include.

I have a legal advicer i could contact but probably not worth the fees..

[Grant]

Would your fees not out-weigh the cost of the fine?

[jamesgmg]

If you're worried about not paying, write back and ask them to prove you were driving, as the fine is levied against the driver, not the registered keeper. They'll write back asking you to declare who was driving, and you just write back to tell them you have no legal obligation to do so, and ask them to prove you were driving themselves. Boom, no more contact.

that's a nice point actually; shall include.

You won't shake off Parking Eye with that. They will just pursue the registered keeper quoting Protection of Freedoms Act 2012.

[Niall]

If you're worried about not paying, write back and ask them to prove you were driving, as the fine is levied against the driver, not the registered keeper. They'll write back asking you to declare who was driving, and you just write back to tell them you have no legal obligation to do so, and ask them to prove you were driving themselves. Boom, no more contact.

that's a nice point actually; shall include.

You won't shake off Parking Eye with that. They will just pursue the registered keeper quoting Protection of Freedoms Act 2012.

But they have no right or power to claim information under the freedoms act. Hence you can tell them to do one. But still, they will just keep hassling. Ask for proof of calibration and loss of earnings and they will go quiet.

[ginge191]

The letter also notes that POPLA will refuse an appeal?

[jamesgmg]

Probably because it costs them to go to POPLA and they know they will lose if you put in the right stuff. I would seriously post on http://forums.pepipoo.com/ for help, there are people there dedicated to defending these.

[THE_Liam]

If you're worried about not paying, write back and ask them to prove you were driving, as the fine is levied against the driver, not the registered keeper. They'll write back asking you to declare who was driving, and you just write back to tell them you have no legal obligation to do so, and ask them to prove you were driving themselves. Boom, no more contact.

that's a nice point actually; shall include.

You won't shake off Parking Eye with that. They will just pursue the registered keeper quoting Protection of Freedoms Act 2012.

Already have buddy

[jamesgmg]

Putting aside the issue of whether these parking charges are enforceable or not, Schedule 4 of the Protection of Freedoms Act 2012 introduces the concept of Keeper Liability for private parking charges if the registered keeper fails to state who the driver was. This is why ignoring no longer works.

You won't get rid of Parking Eye by not telling them who the driver was, they will just pursue the registered keeper as they are allowed to do.

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@THE_Liam - You're lucky then! Are you sure they've dropped it, did they write to you to tell you this? I had months between the letters they sent me.

[THE_Liam]

Putting aside the issue of whether these parking charges are enforceable or not, Schedule 4 of the Protection of Freedoms Act 2012 introduces the concept of Keeper Liability for private parking charges if the registered keeper fails to state who the driver was. This is why ignoring no longer works.

You won't get rid of Parking Eye by not telling them who the driver was, they will just pursue the registered keeper as they are allowed to do.

---

@THE_Liam - You're lucky then! Are you sure they've dropped it, did they write to you to tell you this? I had months between the letters they sent me.

Yeah mate they did, think I kept it, I'll have a look. I don't pay them on principal, I hate shitty little cowboy scam artists like this.

[r3k1355]

If you have received a private parking ticket in any situation (ie shopping centre, cinema or the airport) Then the is a fully comprehensive guide here:
http://forums.moneysavingexpert.com/show...?t=4816822

It tells you in full detail what you need to do from start to finish.

The basics are this:

If you have received a ticket on your car windscreen then you wait for the notice to keeper to come in the post. The only time you dont do this and appeal immediately is when its a hire/lease car or if you have borrowed the car and you dont want the keeper to receive the letter.

You can use the appeal creator here http://www.parkingticketappeals.org.uk and it will create an appeal letter to the parking company to appeal the parking ticket ,or you can follow the link at the top.

Parking companies reject most appeals. When they do they should include a Popla appeal code(so you can do a second stage independent appeal)If this code is not included you must write back and demand it. The is no excuse not to get one.

When you have got this code follow the top link and this will again explain how to win at Popla. You will not win at Popla if you do it on mitigation, ie you were in a rush, the dog was sick or the kids were upset. They don't matter. It could be a matter of life and death and Popla would still not rule in your favour. It has to be on legal points alone.

Ignoring is not a good idea now. If you ignore it gives the company a chance to sue you for up to 6 years from the date of the parking event (5 years in Scotland). You dont want to be going for a mortgage and find out you have a ccj at a previous address, when it can all be sorted out easily.

If you do get Court papers from Parking eye then I ould suggest you buy this guide. http://www.amazon.co.uk/Parking-Prankste...B00HSITXYG . Worth £3.60.

For other parking court cases would look on the top link and also http://forums.pepipoo.com/index.php?showforum=60

Finally if you get a council parking ticket go to http://forums.pepipoo.com/index.php?showforum=30

[jamesgmg]

r3k1355 gives good advice. The easiest way of getting rid of this is to win at POPLA, then it is gone forever.

I thought mine was gone after months of silence and then the court process started.

I would highlight that while sending the soft appeal which will be declined or course, and while you are waiting for POPLA reference, it is well worth complaining to the landowner/store you were using. This often has good results and can quickly get these dropped, it's how I got mine cancelled as I'd missed POPLA by ignoring.

Do not ignore, you will likely get court papers from Parking Eye and that's a ball ache.

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Yeah mate they did, think I kept it, I'll have a look. I don't pay them on principal, I hate shitty little cowboy scam artists like this.

I'm guessing your "parking incident" was pre October 2012?

If so, your approach would have worked. If they didn't know the driver then, they hit a brick wall. POFA 2012 legislation was created as a way around that.

[r3k1355]

Also worth remembering that making a POPLA appeal costs the parking company nearly £30, and costs you nothing.
If you win they MUST drop the ticket, if you loose it means nothing.

There are some people that now go round just to collect tickets and cost the companies money, probably because they'd been clamped at one point in the past and charged hundreds of pounds.

[kirstinmuircroft]

Legally you don't have to pay parking fines if they aren't from the council or the police

[jamesgmg]

Legally you don't have to pay parking fines if they aren't from the council or the police

Perhaps so, but it won't stop Parking Eye trying to take you through the small claims courts. They have won cases here and they have lost plenty too (well documented over at pepipoo), depends on the circuit judge on the day, their interpretation of contract law and probably what mood they are in.

[kirstinmuircroft]

True.

[ginge191]

Ok, so update on this.

Sent a letter requesting numerous data from them

As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your Accredited Trade Association (ATA) Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Following a recent letter I received notifying the driver of the vehicle to pay the amount for either not purchasing a ticket or for staying longer than the purchased ticket. No driver can be held liable or linked to the driving of the car specified registration **** *** nor is there an obligation to provide the drivers name.

In response to this, I ask for ANPR calibration data for the date specified with relative information linking to NPIA (2009) rules and regulations; specifically section 1, note 1.4 or similar.

Furthermore, the stated cost neither reflects the loss of potential revenue for the time specified 17:13:21 - 17:43:46 of 30 minutes.

In addition, the use terminology PCN, Penalty Charge Notice not only illusions the fact this is neither a legal binding fine nor that this is issued on behalf of the police or local authority but moreover suggests the former fact it is an invoice.

Also, could you provide written confirmation from the land owner evidencing the agreement that Parking Eye are responsible for provision of fees and charges in relation to loss of potential revenue and an agreement with the land owner of bills and charges which are issued.
I believe that you do not have a case against me to claim any form of payment as you request and as such, unless you can provide me with the relevant details i have requested above in full, I assume your letter to be no more than a speculative invoice which i will not pay. Furthermore, if you continue to contact me requesting me to pay this invoice, i will take action to claim back my expenses of time taken to deal with this matter including my time (Currently charged at £35.00 per hour), any materials and any data or phone costs.

In summary, i request your next contact to contain either the above requested items or a confirmation that you will no longer be contacting me regarding this matter.

Got this reply



Now i didn't say "I wasn't the driver" i said i legally i am not obliged to say who is driving.

Now there's the

This Act includes Section 172:
"the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police"

clearly this law does not apply to parking eye. This will be quoted in the next reply.

Anyone have any idea's - obviously they are providing nothing of which was requested so i'm tempted to reply with the similar as before and state that any further correspondence if not the above will be seen as harassment?

I've had a look through pepipoo.com but it only really gived advice and information with regards to REAL parking tickets and REAL fines..

[Niall]

Incorrect Ginge. Since mid last year i think it was, They do have the power to demand to know the driver of the car but thats as far as it goes.

I would write back ignoring that bit but more picking up on the fact they haven't provided you with any of the evidence you asked for and unless the next correspondence from them contains all the evidence you requested in full, you request that they no longer contact you again otherwise this will be classed as harassment and you will start charging them for your time to deal with the matter.

[ginge191]

Incorrect Ginge. Since mid last year i think it was, They do have the power to demand to know the driver of the car but thats as far as it goes.

I would write back ignoring that bit but more picking up on the fact they haven't provided you with any of the evidence you asked for and unless the next correspondence from them contains all the evidence you requested in full, you request that they no longer contact you again otherwise this will be classed as harassment and you will start charging them for your time to deal with the matter.

Ah ok.. that i didn't know; seeing as even the po-po can't demand it at roadside? Who passed this for them

May i finish this letter similarly to how you suggested previously?

[Niall]

haha feel free but may make your life harder!

[jamesgmg]

I've had a look through pepipoo.com but it only really gived advice and information with regards to REAL parking tickets and REAL fines..

You need to look in the "private parking tickets" section...

http://forums.pepipoo.com/index.php?showforum=60

You need Parking Eye to reject your appeal and issue you a POPLA code which they have to supply.

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Incorrect Ginge. Since mid last year i think it was, They do have the power to demand to know the driver of the car but thats as far as it goes.

Err, they can ask, but you are definitely not obliged to tell them. If you don't tell them, they can pursue the registered keeper. That may be what you meant?

[Dum-Dum]

I dont think 172 of the RTA applies. Read schedule 4 of the protection of freedoms act.

I think you might be able to blag out of it.

a) they havent answered your complaint/issues
b) they dont appear to of told you 9(2)(g) of schedule 4 of the above act

Actually heres the whole act for you to read http://www.legislation.gov.uk/ukpga/2012.../4/enacted


I'd be going back to the i don't believe you heave the authority to charge me for parking on that piece of land, you have failed to prove this and so i will not be paying or corresponding further till I do.

[Niall]

Sorry your right James. I didn't word that too well!

[ginge191]

Incorrect Ginge. Since mid last year i think it was, They do have the power to demand to know the driver of the car but thats as far as it goes.

Err, they can ask, but you are definitely not obliged to tell them. If you don't tell them, they can pursue the registered keeper. That may be what you meant?

They mention they can claim against the registered keeper; what exactly does this mean?

[Niall]

Basically if you don't give them a name and address of the driver and they don't own up to driving at the time, they will basically assume the registered keeper was driving and pursue you for the fine.

[jamesgmg]

They mention they can claim against the registered keeper; what exactly does this mean?

It just means they can carry on with their claim against you the registered keeper, unless you name the driver, which you are not obliged to do and generally shouldn't.

In any case you need to get Parking Eye to reject your appeal (unless you can prove you were a genuine shopper etc) and get them to issue a POPLA code. You can easily win at POPLA with advice on pepipoo.

[ginge191]

They mention they can claim against the registered keeper; what exactly does this mean?

It just means they can carry on with their claim against you the registered keeper, unless you name the driver, which you are not obliged to do and generally shouldn't.

In any case you need to get Parking Eye to reject your appeal (unless you can prove you were a genuine shopper etc) and get them to issue a POPLA code. You can easily win at POPLA with advice on pepipoo.

So getting a POPLA code; how should i word this in reply to the above letter?