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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 14
Experience:  Freelance Solicitor at Self Employed
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Parking Eye sent me a parking fine for £100 reduced to £60

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Hi, Parking Eye sent me a parking fine for £100 reduced to £60 if I pay sooner. I wrote to them detailing that I sat in my vehicle on their site for 17 mins trying to get online to make a payment but the site car park identification number wasn't recognised and try as I might I was unable to navigate the technology on my phone to pay. I gave up in the end and drove to another carpark which was straightforward pay and display. They have sent me back a generic letter saying my appeal was unsuccessful and to pay up or appeal to POPLA, however, the letter states that if my appeal is unsuccessful, I will need to pay the higher £100 amount. I never left my vehicle as I was unable to pay this online, I simply drove off, can they really force me to pay this amount of money for this? Others must have the same problem as their carpark is always empty whilst the neighbouring pay and display one is full. Please Help!
JA: Do you need to appear in court?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, Welcome to JA. I’m Vineet , a UK Solicitor and will be dealing with your case today.

 

I may also need to ask some questions to determine the legal position.

Please note that during the course of our online conversation, you may be asked if you would like to request a phone call with me. JustAnswer automatically generates these phone call requests without input from the expert, so I have no control over these requests. I can easily help you without a phone call. But if you prefer a phone call, that is also an option.

Is this privately managed car park?

Customer: replied 5 days ago.
Hi, my fine is £60, if I'm honest I contacted the financial ombudsman for free advise as I feel I have been fined improperly. I cannot afford £44 more for a call as I would be exceeding the fine I am asking about. I guess I need to continue as we are, as I cannot afford to pay more than the£5 set-up fee..

Yes we can continue here on the chat

So you have received a Parking Charge Notice ?

Customer: replied 5 days ago.
yes -please see my original text/email for full details

I read, I wanted to be sure as there are different rules for privately and council managed car parks and their enforceability of parking tickets

Customer: replied 5 days ago.
This is apparently private land and managed by Parking Eye

Thank you for reply.

I will get back to you with my answer as soon as I can. The system will notify you when this happens

Customer: replied 5 days ago.
Thank you. The car park was Heart of Worcestershire College, Redditch. Charge was on 1st Feb 14.02. Their camera saw me parked whilst I typed on my phone trying to set up this complex on-line payment. Clearly unsuccessful at this so I drove away.

Thank you for your patience

When you park on private land (like a private car park) you enter into a contract with the landowner. Any signs that clearly display rules for using the car park give you the terms of the contract. The car park owner can take steps to enforce any of these rules if broken such as by issuing parking tickets for violation of the terms.

Now there are 2 options if you have get such parking ticket

If you have been told to appeal to Popla, that means that car park is a member of BPA.

You can appeal it online or via post.

Detailing the ticket number and your vehicle registration number, time, date of your entry and further reasons of your own to support your claim and include as much detail as you can including all the evidence you gathered to support your case and clearly explain why you're appealing.

You can also argue that the charge is disproportionate and not a genuine pre-estimate of loss

The amount charged is not based upon any genuine pre-estimate of loss to the carpark.

 

In your case, the 100 pounds charge being asked for far exceeds the cost to the car park. if the parking charges of one-hour lets assume is 2 pounds but I only stayed by 15 minutes. I therefore feel the amount you have asked for is excessive.

If you win, the decision is binding on the parking company and so it should stop chasing you.

if you lose your appeal, you need to decide whether to pay, take the carpark . the BPA state you should pay the full parking charge within 14 days.

If you disagree with the decision, the car park would have to take you to the court to enforce the ticket – and there's no certainty that the carpark would do it but they are within their rights to do so and so it is possible.

Vineet S and 3 other Law Specialists are ready to help you

If they do take you to court, for the small amount involved it would probably be in small claims court, you can ordered to pay the charge and the company could also reclaim the court fees but other costs aren't awarded.

I hope I have clarified your legal position in relation to the parking ticket

 

If you have any related queries feel free to ask

Thank you and all the very best

Customer: replied 5 days ago.
Thank you