AIBU to ignore 'Parking Charge Notice' from Parking Eye

[ComposHat]

Just before Christmas I was travelling from England to Scotland when we stopped at a service station for a break at a service station just over the border just before midnight.

When we returned to the car after a loo break and a cup of coffee, the car resolutely failed to start. After a call to the AA we were told that it would be a three hour wait until a patrol would get back to me.

Anyway the patrolman showed up after about three hours and got me us underway again, colder, grumpier but none the worse for wear.

All well and good, until I got a letter from a company called 'Parking Eye' trying to get me to pay £100 quid for overstaying the two hour free parking period (in a deserted car park at midnight in a broken down car) complete with two blurry pictures of my car's number plate. The driver (who may or may not have been me ;-) ) isn't visible in their cruddy shots.

Having scanned a few forums, the consensus seems to be to ignore these money grabbing chancers and deposit the letters they send straight into the dustbin. However I am by nature quite nervy, so am a bit worried about the consequences, equally I don't have a spare £100 lying around to hand over to these cowboys.

Has anyone had any experience in dealing with 'Parking Eye' or other Private Parking contractors and what did you do? Any help greatly appreciated.

[Feelingood]

We've had two, did not respond as then we didn't accept contract so we didn't pay anything.

It make me seeth that the landlords of retail parks allow this. In my small local one I had overstayed by three hours:

Broswe m N s
Shopped in Boots changed baby
Shopped in next
Went to costa bf, then had one lunch and coffee.

It annoys. Me do these retailers not want us to stay, why don't they complain to landlords. Feckers.

[threepiecesuite]

Our Asda is now controlled by Parking Eye. Lots of new notices gone up. You pay, then get refunded in Asda. Except you don't haved to, because it's a notice,not a fine.

So, the parking attendant man says to me last week, "you don't seem to have a car park ticket". I said "well, me and you both know there's no point as it's unenforcable and not worth the paper it's written on". He soon sloped off without a word.

[PessaryPam]

We've ignored a Parking Eye Invoice (not a fixed penalty notice as they would like you to think) and all was fine. They go away in the end, do not engage in any correspondence with them whatsoever.

[ComposHat]

Decision made: i shall resolutely ignore them! Thank you everyone for giving me the courage to resist this scam.

I feel a bit like Gandhi (minus the loin cloth)

[OhYouBadBadKitten]

We are expecting one soon, unplanned overstay in a free carpark . Like you we will be ignoring it. From what I understand they can only claim for losses due to breach of contract. As there are no losses, due to them not charging car parking fees (and they run as a separate business from the motorway services, so they cant claim to have lost out on sales) they havent got a leg to stand on.
I'm quite excited about my letter coming!

[ComposHat]

How exciting for you kitten it is like Christmas all over again!

I am sort of looking forward to the next one too, what will it threaten? To remove my toenails one by one with a pair of pliers? To torture the goldfish while I look on? Play James Blunt records round the clock until I give in?

[OhYouBadBadKitten]

It is! Nice to have something fun due to arrive in the post. Its a bit like watching a horror film - what tactics will they use to try and scare us? Will we wibble in a corner or will we brazen it out with popcorn?

[ComposHat]

I actually have some popcorn on the go at the moment so my decision is made.

[juniper904]

I ignored a private parking ticket and they took me to court. We agreed to settle.

[juniper904]

Not from that company, though.

[girlynut]

Ignore it! I had one for overstaying in a local gym car park (max stay 3 hours and I was 4 hours - caught on timed CCTV). I simply put it in the bin and the second letter I received a fortnight later. Heard nothing since.

You can only be taken to court for a criminal offence if you broke the law and there are no laws relating to parking on private land, only public highways.

If they wanted to go to court for a civil offence, they have to show that you'd caused some damage or loss. Which you haven't. So it's all nonsense!

[juniper904]

I was accussed of trespassing.

I would say ignore all letters, but if they come from a court then never ignore! Getting a ccj ruins your credit rating. My court case was all fairly easy- the courts arranged it so I didn't have to take a day's unpaid leave, and the settlement was the same price as the original 'charge'. I think they wanted to make an example of me because I posted about it on a well known website. Their barrister had print outs of my forum conversations

[Cutiecat]

I got one today where they photographed my car leaving. Does this,ale any difference? Off to read links.

[ivykaty44]

juniper - how did they prove you were driving the car and parked it? As the dvla only give the owners name and address and not a list of people who are insured to drive the car - so where or how did they get that information? As you can't take a car driver to court you need to take a named person to court. Added to which you don't have to prove you were not driving they need to do that part

[juniper904]

Apparently the driver thing doesn't always apply. My car is registered to me, therefore I am responsible for it; regardless of who was driving.

In actual fact, it might have been my brother that parked my car in the space. I raised this with the judge but she dismissed it as unimportant. I also stated that no-one was harmed or inconvenienced by my parking (it was a block of flats' car park) and that trespass has a traditional fine of £1, but she wasn't convinced.

When the company instructed their barrister that they were willing to settle, I decided to take it. They paid a barrister to represent them, and I would have had to pay his fees if I'd lost. It would have added up to hundreds of pounds, so I did the wussy thing and didn't stand up for myself.

[ComposHat]

Ivy

After a bit of digging this afternoon, it would appear that since October 2012 that if the driver is not identified then the Registered Keeper is liable for their (seemingly unenforceable) fines. Luckily the Act doesn't cover Scotland.

Nevertheless in England and Wales they still have to prove in court that you suffered a loss as a result of your actions and they can only recover their loss, not a 'fine' they have arbitrarily imposed.

The unanimous advice from Martin Lewis/Watchdog et al seems to be ignore speculative invoices issued by these companies and do not enter into any kind of correspondence with them.

[ivykaty44]

There will be further changes to the laws - I knew it was coming in about the registered keeper - hadn't realised it was Oct

TBH I am surprised out of town shopping parking hasn't been hit with taxing by government or local government in the same way that town centres have suffered - it will come though.

Excellent that Scotland has not let this come into force.

What gets me is data protection is so very tight in other areas - yet the dvla can be asked about a number plate and give out the information willy nilly for a fee - same goes for land registry - for a small fee I can find out my neighbours mortgage suppliers by paying online. I wonder if someone will take on the powers at dvl a one day as a test case..?

[jgjgjg]

Write to the service station owner/operator and state the circumstances that caused you to overstay in the car park. Stess the mitigating circumstances, and that you are regular spending customer of the service station, but that you will of course immediately stop using it forever if the 'fine' is enforced.

We just did it a couple of days ago with a furniture store and they immediately instructed the private parking company to cancel the 'fine' the very day the letter dropped through their letterbox.

[2kidsintow]

I remember getting a parking fine from a private company, reading all the info online and then calling citizens advice. They advised I pay!

I ignored them. But had a panic every time I got a new letter.

I got a letter telling me to pay.
THen a letter saying I had to pay the higher amount as I hadn't paid early.
THen a warning, which kindly pointed out that not paying may affect my credit rating in the future (not true)
Then a final warning with another dire veiled threat or two about how much it would cost me if it went to court.

THen nothing.

I was fully aware by then that even if they went to court, all they were allowed to chase me for was the income they had lost from the sale of my ticket (which I had paid, but had not put on my screen properly- the corner was covered)

[Damash12]

Hi yeah ignore or do as friend did when they send a follow letter saying they will take you to court that you will pay £1 a month and can you have there sort code and bank details. In this instance if by a miracle it actually did go to court you have made an offer of payment that cannot be refused. I assure you it is unlikely you will hear from them again when you ask for there details. Other than that you could just reply with a large FUCK OFF on the fine they have sent! ;-) Don't let it ruin your new year, these are cowboys trying there luck.

[redwallday]

Don't pay them and DON'T enter into any form of dialogue with them. Simply ignore, ignore, ignore!

[sarahtigh]

if you write you confirm your name and address and have then contracted with them, so do not reply at all just BIN

[happylass]

Sooo glad I found this thread. I had a 'parking charge' from Parking Eye for overstaying in a free car park at my local retail park. Am a bit scared

[happylass]

Sooo glad I found this thread. Today I had a 'parking charge' from Parking Eye for overstaying in a free car park at my local retail park. To be fair I was there longer than the 2 hours allowed but a) I didn't see any signs and b) what sort of car park charges £60 an hour?? Am a bit scared of the bailiffs coming knocking but have decided to ignore!

[Wallison]

They probably won't do anything. BUT it's wrong to say that these charges are illegal/unenforceable. If they have a contract to provide parking services, of course what they are doing is legal. How it works is this: they provide the parking space and thus invite you to enter into a contract with them. If you use the space, you accept their offer of a contract and this is legally binding. If you then overstay or don't pay, then you have broken your contract with them, and what the letters are is an attempt to sue you for breach of contract. Ignoring them doesn't make it any less of a breach, or any less of a contract; that's just not how it works.

However, in practice they are very very unlikely to commence proceedings in order to enforce this compensatory payment for breach of contract, so you'll probably be ok.