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Parking Charge Notice FFS

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ian505050
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PostPosted: 17:05 - 05 May 2016    Post subject: Parking Charge Notice FFS Reply with quote

So........

A few weeks ago I offered to collected a friend from Leeds Station.

At Leeds Station which is a huge station there is a pick up spot for 4 cars that permanently have 4 Taxis parked in this space (right outside weatherspoons if you know the area)

As i could not stop on the road as it was very busy i pulled into the carpark to avoid blocking the access to the station.

I drove into a Car park next to the station with ANPR and popped the car into a spot and wandered over to the pay and display machine. I read the massive list of T&Cs they have on a big sign next to the ticket machine. I then reviewed the price list and as it was extortionate and i did not have sufficient change i jumped back in my car looked for another spot further away from the station that was not pay and display.

A few weeks down the line i get a ticket asking for £100 (£60) for being in the car park 10 minutes!!!! FFS

5 Minutes were spent getting in and out of the car park and the other 5 minutes were spent reading there T&Cs next to the ticket machine. So effectively i decided not to park.

I I don't mind paying for the 10 minutes i used the car park for to effectively turn round and not use, but i think its a little unfair expecting me to pay £100 (£60) for being stuck it there car park for 10 mins.

The company that issued the fine doe not have a contact telephone number. It only has an automated telephone number that i have called that accepts card payment.

Any advise as this has come at a time where i cant really afford to be wasting money paying fines like this.


Bastids

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iooi
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PostPosted: 17:26 - 05 May 2016    Post subject: Re: Parking Charge Notice FFS Reply with quote

ian505050 wrote:


The company that issued the fine doe not have a contact telephone number. It only has an automated telephone number that i have called that accepts card payment.

Any advise as this has come at a time where i cant really afford to be wasting money paying fines like this.


Bastids


Well the appeals process is quite clear on page 2.....
So why are you trying to call them?
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Rogerborg
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PostPosted: 17:47 - 05 May 2016    Post subject: Reply with quote

PePiPoo forums for form letters for sodding them off. You do actually have to appeal in writing, as it says, and follow the process to the letter.

Easy one though, you read the contract and declined to accept it (although 10 minutes? But let's not quarrel). It's not a "fine", it's a contractual charge, or a charge for breach of contract, depending on their mood. But since no contract exists, no court in the land will find in their favour.

However, because Parking Eye are vicious grasping thugs who don't give a stuff about the law, don't expect them to just drop it. You may very well find that they ramp up the charge to an obscene level and that they both threaten to and do actually file a small claim against you, at which point most punters cave in and pay up, or get a default judgement against them.

Don't be that punter. Show up, laugh off their huge dossier with the irrelevant Beavis decision on top of it, be prepared, reasonable and calm, and you will win. You should even be able to claim reasonable costs since their case is without merit and their behaviour will (I confidently predict) have been unreasonable.

Try to enjoy the process, but do follow it. If you ragequit, you lose.
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ian505050
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PostPosted: 18:18 - 05 May 2016    Post subject: Re: Parking Charge Notice FFS Reply with quote

iooi wrote:
ian505050 wrote:


The company that issued the fine doe not have a contact telephone number. It only has an automated telephone number that i have called that accepts card payment.

Any advise as this has come at a time where i cant really afford to be wasting money paying fines like this.


Bastids


Well the appeals process is quite clear on page 2.....
So why are you trying to call them?



Typically following an appeals process is not the thing to do with these companies. You often have to think outside the box to get you fine cancelled.
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ian505050
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PostPosted: 18:22 - 05 May 2016    Post subject: Reply with quote

Rogerborg wrote:
PePiPoo forums for form letters for sodding them off. You do actually have to appeal in writing, as it says, and follow the process to the letter.

Easy one though, you read the contract and declined to accept it (although 10 minutes? But let's not quarrel). It's not a "fine", it's a contractual charge, or a charge for breach of contract, depending on their mood. But since no contract exists, no court in the land will find in their favour.

However, because Parking Eye are vicious grasping thugs who don't give a stuff about the law, don't expect them to just drop it. You may very well find that they ramp up the charge to an obscene level and that they both threaten to and do actually file a small claim against you, at which point most punters cave in and pay up, or get a default judgement against them.

Don't be that punter. Show up, laugh off their huge dossier with the irrelevant Beavis decision on top of it, be prepared, reasonable and calm, and you will win. You should even be able to claim reasonable costs since their case is without merit and their behaviour will (I confidently predict) have been unreasonable.

Try to enjoy the process, but do follow it. If you ragequit, you lose.


Many Thanks for your advise.

Unfortunately as it was quite busy and the T&Cs were so bloody long it must have taken 10 minutes to get in and out of the car park.

I did however find this legislation but i am not sure if its applicable

https://www.legislation.gov.uk/uksi/2015/561/pdfs/uksiem_20150561_en.pdf

Unfortunately I was in the car park 10 mins and 14 seconds which seems to be 14 seconds too long for the 10 minutes grace rule.
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Rogerborg
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PostPosted: 18:44 - 05 May 2016    Post subject: Reply with quote

That only applies when contractual parking has occurred. You declined to accept the contract, end-of.

I'd take care with any advice that you've received, it may be out of date. Parking Eye in particular file thousands of court cases every month (thanks to legislation that they said would reduce the number of cases) and since they won the landmark Beavis case in the Supreme Court they've got even more aggressive.

If you try any clever Freemental-on-the-land stuff then it's unlikely to end well. Just sticking to the "declined the massively overcomplicated contract" line should be a winning strategy if you're consistent and persistent.

https://www.parkingcowboys.co.uk/parking-eye/

https://www.parkingcowboys.co.uk/popla/
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Ste
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PostPosted: 18:55 - 05 May 2016    Post subject: Reply with quote

Rogerborg wrote:
If you try any clever Freemental-on-the-land stuff then it's unlikely to end well.

Spoil sport.

The freeman of the land defence is a tried and tested method which guarantees hilarity.

https://www.birminghammail.co.uk/news/midlands-news/freeman-land-driver-jailed-contempt-10253089
https://www.portsmouth.co.uk/news/crime/portsmouth-cannabis-grower-told-police-he-was-exercising-his-magna-carta-rights-1-6558396

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Poseidon
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PostPosted: 19:10 - 05 May 2016    Post subject: Reply with quote

Rogerborg wrote:
Stuff


Interesting... It would seem the whole beavis case was because the fines were their only source of income. If it's a paid car park, then beavis does not apply...
from parkingcowboys wrote:

Pay car parks – In the case of ParkingEye Vs Cargius it was held that the Beavis case did not apply since parking was paid for rather than free for a limited period. The judge distinguishes it by reasoning that in Beavis the charge was justifable as it was their only income, whereas in a paid car park, only the hourly charge is being lost by overstaying (e.g. £2); anything above that is clearly a penalty.


So really, the only thing they should be claiming is the standard fee for the amount of time you were there.
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Skudd
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PostPosted: 20:59 - 05 May 2016    Post subject: Reply with quote

They have an office in Chorley. Gypos parked all over their car park not long ago for a month or so. They don't like you knocking on their door in person to have a little chat. Laughing
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lihp
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PostPosted: 21:06 - 05 May 2016    Post subject: Reply with quote

Skudd wrote:
They have an office in Chorley. Gypos parked all over their car park not long ago for a month or so. They don't like you knocking on their door in person to have a little chat. Laughing


ParkingEye don't, or Gypos?

Or are they both the same people? Laughing
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Skudd
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PostPosted: 19:17 - 06 May 2016    Post subject: Reply with quote

lihp wrote:
Skudd wrote:
They have an office in Chorley. Gypos parked all over their car park not long ago for a month or so. They don't like you knocking on their door in person to have a little chat. Laughing


ParkingEye don't, or Gypos?

Or are they both the same people? Laughing


Parking Eye, they really don't like speaking to you directly. They also don't like you taking pictures of their vehicles in their carpark.
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Rogerborg
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PostPosted: 19:39 - 06 May 2016    Post subject: Reply with quote

Skudd wrote:
Parking Eye, they really don't like speaking to you directly. They also don't like you taking pictures of their vehicles in their carpark.

Attempting to picture you giving a fuck...

FAILED.
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nelmo
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PostPosted: 17:27 - 09 May 2016    Post subject: Reply with quote

May be a bit late but I had this happen to me last year and went all the way to a small claims court. The decision was 'stayed' pending the Beavis appeal but I never heard any more.

My advice is to go direct to POPLA asap... I can't remember the exact procedure but PE reckoned they would have accepted POPLAs decision, which is almost always in your favour. I went to them too late, after the small claims procedure had already started.
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P.
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PostPosted: 17:33 - 09 May 2016    Post subject: Reply with quote

Borg has given you the way out.

You did not agree to the charges and decided to leave. I'd take that and run with it.
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nelmo
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PostPosted: 18:46 - 09 May 2016    Post subject: Reply with quote

Paddy. wrote:
Borg has given you the way out.

You did not agree to the charges and decided to leave. I'd take that and run with it.


I included something similar in my defense (that I didn't agree to their contract) - didn't bother them. I also tried several other arguments (check out the parking prankster website) - PE lawyers replied with a 45 page document explaining why I was wrong.

What you have to remember about the law is that it does not involve common sense but black and white legal tosh. You can say you took all the time reading the sign but you can't prove that. The fact you went in, stayed for a length of time longer than just driving in and out means that you, by default, accepted their contract.

The judge wasn't on my side, didn't give a flying f*ck what I had to say and seemed to consider me wasting his time. He only stayed the decision because it gave him an excuse to get to the golf course earlier, IMO.
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dydey90
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PostPosted: 20:28 - 09 May 2016    Post subject: Reply with quote

For future reference, drive past the pick up/drop off point and go into the tiny car park just past it. Hover round, do a few laps, stick it in a disabled spot or whatever and then pootle away once you've picked up. Pretty sure there aren't any ANPR cameras in there.
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Joncrete Cungle
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PostPosted: 21:39 - 09 May 2016    Post subject: Reply with quote

Or just do what I do and momentarily obscure your number plate as you pass the entrance / exit camera. The ANPR Parasite Eye use is seriously flawed, without your correct number plate they can't 'enforce' anything. Yeah, yeah I know 'tis an offence kittehs will perish and all that jazz.

https://www.legislation.gov.uk/uksi/2001/561/pdfs/uksi_20010561_en.pdf
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Pjay
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PostPosted: 21:49 - 09 May 2016    Post subject: Reply with quote

I had one of these from PE and appealed saying that I never entered into a contract with them, as it was not me driving my car.
They asked me who was, I replied back stating that I am no saying and they dropped it.

Well, they never sent another letter anyhow. This was about 8 months ago and I doubt they care anymore.
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Joncrete Cungle
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PostPosted: 22:08 - 09 May 2016    Post subject: Reply with quote

Pjay wrote:
I had one of these from PE and appealed saying that I never entered into a contract with them, as it was not me driving my car.
They asked me who was, I replied back stating that I am no saying and they dropped it.

Well, they never sent another letter anyhow. This was about 8 months ago and I doubt they care anymore.


Do you have it in writing from Parasite Eye that they are dropping the matter?
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Pjay
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PostPosted: 22:12 - 09 May 2016    Post subject: Reply with quote

Joncrete Cungle wrote:
Pjay wrote:
I had one of these from PE and appealed saying that I never entered into a contract with them, as it was not me driving my car.
They asked me who was, I replied back stating that I am no saying and they dropped it.

Well, they never sent another letter anyhow. This was about 8 months ago and I doubt they care anymore.


Do you have it in writing from Parasite Eye that they are dropping the matter?


8 months have passed and nothing has been sent.
I don't expect them to bother me, as like I told them, it was not me driving, so it is not my business to pay it or answer their questions.

The 'contract' they have is with the driver, not the owner, it's not up to the owner to do their work for them.
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Joncrete Cungle
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PostPosted: 22:15 - 09 May 2016    Post subject: Reply with quote

Pjay wrote:


8 months have passed and nothing has been sent.
I don't expect them to bother me, as like I told them, it was not me driving, so it is not my business to pay it or answer their questions.

The 'contract' they have is with the driver, not the owner, it's not up to the owner to do their work for them.


You do know about Registered Keeper liability introduced in the Protection of Freedoms Act 2012?

https://www.legislation.gov.uk/ukpga/2012/9/contents/enacted
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Pjay
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PostPosted: 22:20 - 09 May 2016    Post subject: Reply with quote

Joncrete Cungle wrote:
You do know about Registered Keeper liability introduced in the Protection of Freedoms Act 2012?

https://www.legislation.gov.uk/ukpga/2012/9/contents/enacted


PE are a company, they can't enforce laws. I don't have to tell them anything at all.
If it goes to court, I will tell the judge who was driving (I may even tell them the name of someone recently deceased).
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Joncrete Cungle
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PostPosted: 22:25 - 09 May 2016    Post subject: Reply with quote

Pjay wrote:
Joncrete Cungle wrote:
You do know about Registered Keeper liability introduced in the Protection of Freedoms Act 2012?

https://www.legislation.gov.uk/ukpga/2012/9/contents/enacted


PE are a company, they can't enforce laws. I don't have to tell them anything at all.
If it goes to court, I will tell the judge who was driving (I may even tell them the name of someone recently deceased).

So you will be running a version of the Freemental on the land defence IF it gets to court?
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Pjay
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PostPosted: 22:33 - 09 May 2016    Post subject: Reply with quote

Joncrete Cungle wrote:

So you will be running a version of the Freemental on the land defence IF it gets to court?

Not at all.
You are missing the point. I accept that they may use the 'Registered Keeper liability' clause to make me pay. At which point I will refuse still and go to court. I am more than likely obliged to tell the judge who was driving though and that's when I will do so.

I must also add, that I wasn't driving my car at the time, so I am not lying at the moment, but can easily just give the name of a relative who died just before Christmas.

It's not even like I will be seen as lying in court, as I have a rock solid alibi, I wasn't even in the country at the time.
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Joncrete Cungle
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PostPosted: 22:35 - 09 May 2016    Post subject: Reply with quote

Pjay wrote:
Joncrete Cungle wrote:

So you will be running a version of the Freemental on the land defence IF it gets to court?

Not at all.
You are missing the point. I accept that they may use the 'Registered Keeper liability' clause to make me pay. At which point I will refuse still and go to court. I am more than likely obliged to tell the judge who was driving though and that's when I will do so.

I must also add, that I wasn't driving my car at the time, so I am not lying at the moment, but can easily just give the name of a relative who died just before Christmas.

It's not even like I will be seen as lying in court, as I have a rock solid alibi, I wasn't even in the country at the time.


You are the Registered Keeper? Did Parasite Eye offer you POPLA?
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