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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have received a parking charge notice from Parking Eye. Their

Customer Question

I have received a parking charge notice from Parking Eye. Their reference number is ***** The date of the event was 9/6/14 and the venue was The Campus for Ageing and Vitality in Newcastle upon Tyne. I arrived at 9:40 and left at 10:23. My reason for being there was attendance at the Podiatry Dept for a 9:50 appointment.
Upon arrival I found a parking slot and went to pay at the machine. The charge was £1.20 and I put a £1 coin and a 20p coin in the machine. Nothing happened despite my pushing every button available to me. The machine was clearly malfunctioning. I had no further change so I could not try again. I was by now going to be late for my appointment so had to leave the car and go into the Dept.
I see no justification for a demand for £70 caused by a faulty machine. If the company checks the amount of money in the machine against the amount the machine was supposed to have in it they would find that the two amounts do not tally.
After my appointment I returned to my office where I spoke to one of my staff about what had happened. He now recalls the conversation so I have a sort of witness to corroborate my version of events.
Question is, what do I do now about a fine I feel cannot be justified?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thank you for your question. My name is***** can help with this.

tdlawyer :

If the machine was malfunctioning, that should be a sufficient ground to say that they are not entitled to charge you for the penalty that they now seek from you.

tdlawyer :

You have, of course, already paid the sum requested, and was prevented from displaying a ticket by the malfunctioning machine. In other words, you have performed your part of the contract, but they have failed in their is offering the ticket that you would use to display in the vehicle.

tdlawyer :

You should be able to challenge the charge solely on this basis.

tdlawyer :

Additionally, if you did receive the landowners consent to leave the vehicle there, in the circumstances, and that would amount to another basis of defence. If either of them was accepted, and there is no right to issue the charge.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
tdlawyer and 2 other Law Specialists are ready to help you
Expert:  tdlawyer replied 2 years ago.
It may also be possible to challenge the charge on the basis that the amount is a penalty, irrecoverable at law. This will depend upon the specific wording of the sign, and whether the sum of £70 is a genuine pre-estimate of the intended loss that the landowner would sustain as a result of your parking there. This is often very difficult the parking companies to show on appeal.

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