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Parking eye fine

36 replies

mumtoateenger75 · 02/05/2019 19:35

H has anyone had experiences with parking eye
I have received a fine and I don't believe it's justified
But is it worth fighting

OP posts:
Orangehandtowel · 02/05/2019 19:40

I fought one when we had an appointment overrun. I provided evidence of it and they overturned it.

They pause the large fine while they review it so even if they say you have to pay you can still only pay the smaller amount rather than the large fine.

TooTrusting · 02/05/2019 19:45

Do not identify yourself as driver.
Please educate yourself by looking at this forum
forums.moneysavingexpert.com/forumdisplay.php?f=163

Comefromaway · 02/05/2019 19:46

I’ve successfully appealed charges with them on behalf of work vehicles. but in all the cases they had not acted correctly. You can’t do anything if the signs were there and compliant but the person parking didn’t bother to read them or adhere to the conditions.

Hospital Multi-storey , van accompanying seriously ill work colleague too high for barrier. Parking attendant and receptionist directed driver to park in drop off area. Driver registered vehicle. - successful appeal fir overstaying as driver had reasonably followed instructions.

Hospital car park. Driver carrying out essential maintenance. iPad sign insystem not working. Driver signed manual book. - successful appeal

Hospital Car Park - driver working on a contract. APNR camera on entrance but driver unable to read signs without getting out of vehicle on double yellows. Parked in construction compound not public car park. No signs in compound only on public car park areas. Successful appeal

Parade of shops. Free 45 mins parking, contractual charge for overstaying. Driver had been called out to problem with appliance in one of the shops. Stayed 60 mins. Unsuccessful - he had not read the numerous very large signs or asked any member of staff about overstaying.

GiveMeFood12 · 02/05/2019 19:50

Please join a group on Facebook called
"Fight our private parking invoice"

Have you made contact with parking eye?
Where did you get the "fine" from? Smile

mumtoateenger75 · 02/05/2019 20:47

I will try it to make this too long winded but I want some advice
I got a parking fine for not purchasing a ticket in a car park
I disputed it as I had purchased a ticket
The appeal got refused
Then it went to a debt collection agency and they said I had purchased a ticket but went over by 6 minutes then what I had paid for
Which wasn’t what I was originally told
I then said I was out of control of this as I was at dentist and it over run
They said that I had to appeal again
Which I did
I haven’t heard anything in over a month
Now another debt collection agency have contacted me with fine going up and up
I still refuse to pay as I feel £100 fine for being over by 6 minutes is ridiculous
And I wasn’t given the correct reason for the fine in the first place
They have threatened me with court
Can people advice me what to do
Do I just pay the £170 fine 🤦‍♀️or still fight my corner
The company is parking eye

OP posts:
MotherofaCat · 02/05/2019 20:53

I got one about 18months ago. I ignored two letters from them and one from a debt collection agency. Haven't heard anything since. There are a few websites like citizens advice saying that they cant prove you were the driver if you dont get in touch with them so the 'contract' between the driver of the car and parking centre cant be enforced. I'm not sure if because you have admitted liability that will hold so might need to pay up as you admit to buying a ticket that wasn't sufficient cover?

GiveMeFood12 · 02/05/2019 20:57

@mumtoateenger75

I would really advise to join the group I mentioned on Facebook
"Fight your private parking invoice"

I wouldn't want to pay £170 for 6 minutes - when you appealed did you name the driver or the keeper of the vehicle?
Have you had a Notice To Keeper (NTK) from yet?

Did they give you a POPLA code when you originally appealed?

Comefromaway · 02/05/2019 20:58

When you appealed did you get a POPLA code?

Comefromaway · 02/05/2019 20:59

That’s only applicable in Scotland motherofacat. In England if you don’t name the driver the keeper is liable.

TooTrusting · 03/05/2019 08:36

Comefromaway keeper can only be liable if certain conditions are met.

A 6 minute overstay is specifically allowed for in the BPA code of practice, compliance with which is mandatory. In fact the code says 10 minutes is the minimum grace period.

Please go to the forum I linked to, it will tell you everything you need to know and experienced posters will help guide you through the process. I post on there as Loadsofchildren123.

prh47bridge · 03/05/2019 09:52

keeper can only be liable if certain conditions are met

Those conditions can be summed up as the car park operator being unable to identify the driver, displaying appropriate notices in the car park and complying with the requirements regarding giving notice to the keeper. There is nothing in the OP's posts to indicate that Parking Eye has failed on this front.

Members of the BPA (which includes Parking Eye) are required by the BPA to follow their code (which you can find here) but it does not have statutory force. However, the code does NOT give a 10 minute grace period. Paragraph B2.1e of the code gives 5 minutes grace before a ticket can be issued. Paragraph A2.2 gives 15 minutes grace before the vehicle can be immobilised but that is not relevant to the OP. If the OP overstayed by 6 minutes Parking Eye are not in breach of the Code by pursuing her for this fine, so there is no reason for the BPA to step in.

On the information posted, if this goes to court I would expect the OP to lose. I believe Parking Eye sue more people than any other parking operator.

Unfortunately the internet is still awash with forums claiming you don't have to pay private parking companies. That used to be right but it is now poor advice if the car park is in England or Wales. Over 1 million people a year get a CCJ against them after being sued by a private parking company over an unpaid penalty.

DGRossetti · 03/05/2019 10:20

Unfortunately the internet is still awash with forums claiming you don't have to pay private parking companies.

MN being a big one ....

ScaredofMomo · 03/05/2019 10:21

There is a forum where you can get help with this....

www.pepipoo.com

Comefromaway · 03/05/2019 12:11

I thought it was 5 minutes prh but as my copy of the code was at work I wanted to check first. I found the advice and templates on MSE forums very useful in determining whether the terms of POFA had been adhered to in contesting our tickets.

Kaddm · 03/05/2019 12:22

Honestly I would have paid immediately as I got the ticket as I think they do it for half price. I once got a ticket for a ridiculous “violation” by one of these private companies. It was because I had parked such that I could open my door (edge of thin space was a brick wall) and the person next to me could open their door. I didn’t prevent anyone from using a space. Nobody had a problem, just one of these companies out to steal cash. I just paid the fine immediately because I think battling it out would be a) unsuccessful b) upsetting c) time consuming and d) would increase the fine.

I didnt return to the car park ever again and used alternative shops. After about a year, two of the stores in the 5 store complex closed down. They were big names so I imagine the parking company hit so many customers for imagined/technicality infringements that the stores became unviable. I do hold the stores responsible for getting the services of an unscrupulous parking company for no reason. Parking was not under pressure there. It was simply a money spinner for greedy bastards making the lives of ordinary people miserable.

Kaddm · 03/05/2019 12:22

In your position, I’d pay up now and not risk any further horrible stuff going on.

StillIRise87 · 03/05/2019 12:32

Parking eye are the only ones that go to court so you will need to fight it. If it was anyone else I always ignore and they always go away.

TooTrusting · 03/05/2019 13:39

Stillrise you are wrong I'm afraid. They are by no means not the only ones to go to court. They have 6 years to do it as well. Bmpa website has statistics of which are the most prolific litigators.

A Bill has been approved by parliament to stop the scammers but the new Code Of Practice is yet to be drawn up.

TooTrusting · 03/05/2019 13:41

I know the law in this back to front. I fought my own ticket (not Parking Eye) and know the law back to front and am a solicitor. I am now an advisor on the MSE forum I linked to. Pepipoo is also good.

StillIRise87 · 03/05/2019 14:03

I appreciate they are not the only ones to EVER go to court but most of the other ones very rarely do so I have taken a calculated chance. I wouldn't with Parking Eye though.

Nesssie · 03/05/2019 14:07

So you didn't actually have a valid ticket for the whole time your car was parked in the car park? Therefore you should have paid straight away. Why do you think you shouldn't have to?

Nesssie · 03/05/2019 14:09

Actually please please go to court and use 'I still refuse to pay as I feel £100 fine for being over by 6 minutes is ridiculous' as your defence Hmm

GiveMeFiveMinutes · 03/05/2019 14:10

I received a fine from Parking Eye.

I had entered the car park, changed my shoes, got my files together, laptop etc, found the right change, then went and paid for parking.

The fine was for the few minutes it took for me to do the above. They stated that I should have paid as soon as I entered the car park.

Anyway, they took me to court, the judge wasn't interested in what I had to say, fined me £200.

I asked what is an acceptable time frame to enter, park and pay. The judge said he didn't know. If I ever park in one of their car parks again, I suppose I shall have to do a tuck and roll out of the moving vehicle in order to avoid a further fine.

Nesssie · 03/05/2019 14:19

GiveMeFiveMinutes What was the exact time difference between you entering the carpark and paying for the tickets?

1 or 2 minutes is acceptable but anything over 5 minutes could be someone parking, popping into a shop and getting back without paying etc, or it could mean that you are paying for under an hour as opposed to 1-2hours parking etc etc

DGRossetti · 03/05/2019 15:51

Anyway, they took me to court, the judge wasn't interested in what I had to say, fined me £200. ....I asked what is an acceptable time frame to enter, park and pay. The judge said he didn't know. If I ever park in one of their car parks again, I suppose I shall have to do a tuck and roll out of the moving vehicle in order to avoid a further fine.

As PH47 has noted, we have some low quality "justice" in England. So pisspoor you might cynically think it had been set up as a cash machine for the legal profession. I wonder if you had a real judge, or if they mistook the vending machine repairman for one ?

There must be a "reasonable" time period to allow drivers to actually comply with the T&Cs of the parking operator. It may not be explicitly defined, but it also cannot be zero. Otherwise you have created exactly the scenario courts hate of a contract that cannot be refuted.

Of course the killer punch is unless you have the upfront cash to pay for an appeal, you have to suck it up. And so another anarchist is born .....

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