Parkingeye, PArking Charge, is this legal?

Parkingeye, PArking Charge, is this legal?

Author
Discussion

Ash MP4 12C

Original Poster:

3,836 posts

241 months

Thursday 26th March 2015
quotequote all
Stupidly filled truck with petrol, ended up on a forecourt for 2 hours and 10 minutes till drained and refuelled.

Now got a letter stating I have overstayed in their car park by 10 minutes and a charge of £100 is due.

The truck was on the forecourt, not car park.

Is this legal?

benjj

6,787 posts

163 months

Thursday 26th March 2015
quotequote all
Nope, tell them to get fked.

Actually that's not true, just do nothing.

roystinho

3,767 posts

175 months

Thursday 26th March 2015
quotequote all
As above, just ignore it

Ash MP4 12C

Original Poster:

3,836 posts

241 months

Thursday 26th March 2015
quotequote all
Hanks both,

I have googled them, they go straight to CCJ, I will not and cannot have that against my company, we have never had one and never will.

That's what worries me.

Defcon5

6,183 posts

191 months

Thursday 26th March 2015
quotequote all
Given the above, I'd ring them and see if they will reduce/ cancel it, and if not just pay up. Regardless of the circa there is always the risk it won't go your way

Mr Overheads

2,439 posts

176 months

Friday 27th March 2015
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Go to moneysavingexpert they have detailed guides for how to get out of them legally for each different operator. Even have template letters.

Magic919

14,126 posts

201 months

Friday 27th March 2015
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Send them a polite letter saying you can't understand how they incurred any loss.

roystinho

3,767 posts

175 months

Saturday 28th March 2015
quotequote all
Mr Overheads said:
Go to moneysavingexpert they have detailed guides for how to get out of them legally for each different operator. Even have template letters.
This. And ultimately in your situation there's no way you should have to pay a parking charge, you were broken down. No court would uphold the fine

Ash MP4 12C

Original Poster:

3,836 posts

241 months

Saturday 28th March 2015
quotequote all
roystinho said:
This. And ultimately in your situation there's no way you should have to pay a parking charge, you were broken down. No court would uphold the fine
Broken down on the petrol forecourt. Not in their car park

johnfm

13,668 posts

250 months

Sunday 29th March 2015
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Ash

They need to prove a debt in order to get a CCJ against you.

They will have some trouble proving a debt - they must prove that they and you had a contract and that you were in breach. Then they have to show that the £100 is a genuine pre-estimate of their losses for your breach.

What does their signage on the actual site say? That is pretty key as to how easy it will be to tell them to stick a pineapple up their arse.

Ash MP4 12C

Original Poster:

3,836 posts

241 months

Sunday 29th March 2015
quotequote all
johnfm said:
Ash

They need to prove a debt in order to get a CCJ against you.

They will have some trouble proving a debt - they must prove that they and you had a contract and that you were in breach. Then they have to show that the £100 is a genuine pre-estimate of their losses for your breach.

What does their signage on the actual site say? That is pretty key as to how easy it will be to tell them to stick a pineapple up their arse.
I was parked on the forecourt, not in any of their parking bays.

This is my point, they took a very dodgy picture of my late. At no time did I go anywhere near a parking space, I couldnt, the car was broken down.

johnfm

13,668 posts

250 months

Sunday 29th March 2015
quotequote all
If the parking notice doesn't apply to the forecourt, there is no contract.

It depends on what the signage at the site says. Even then, unless there is an appropriate amount of signage covering all routes into / out of the car park/forecourt, they really will struggle.

Just wait for them to file a claim and defend it. I doubt it will get that far.

YRRunner

1,652 posts

216 months

Sunday 29th March 2015
quotequote all
I have personal experience of a situation very simiar to this. Call or speak to the manager of the fuel station and explain the situation to him. He has the power to call Parking Eye and call the dogs off. The days of doing nothing with these notices is gone. They will hound you and go to court for a judgement very, very quickly. Beware, do not ignore this. Parking Eye are hired by the fuel station, supermarket, private parking... whatever... and will drop any of their prospective actions if asked to do so by their clients. Good luck.

Ash MP4 12C

Original Poster:

3,836 posts

241 months

Monday 30th March 2015
quotequote all
YRRunner said:
I have personal experience of a situation very simiar to this. Call or speak to the manager of the fuel station and explain the situation to him. He has the power to call Parking Eye and call the dogs off. The days of doing nothing with these notices is gone. They will hound you and go to court for a judgement very, very quickly. Beware, do not ignore this. Parking Eye are hired by the fuel station, supermarket, private parking... whatever... and will drop any of their prospective actions if asked to do so by their clients. Good luck.
Thank you,,have done exactly this, let's see what the response is.

If it's not good, suppose I will just have to take it on the chin.

And thanks to all for your input.

Ash MP4 12C

Original Poster:

3,836 posts

241 months

Monday 30th March 2015
quotequote all
YRRunner said:
I have personal experience of a situation very simiar to this. Call or speak to the manager of the fuel station and explain the situation to him. He has the power to call Parking Eye and call the dogs off. The days of doing nothing with these notices is gone. They will hound you and go to court for a judgement very, very quickly. Beware, do not ignore this. Parking Eye are hired by the fuel station, supermarket, private parking... whatever... and will drop any of their prospective actions if asked to do so by their clients. Good luck.
Thank you,,have done exactly this, let's see what the response is.

If it's not good, suppose I will just have to take it on the chin.

And thanks to all for your input.

Ash MP4 12C

Original Poster:

3,836 posts

241 months

Wednesday 1st April 2015
quotequote all
YRRunner said:
I have personal experience of a situation very simiar to this. Call or speak to the manager of the fuel station and explain the situation to him. He has the power to call Parking Eye and call the dogs off. The days of doing nothing with these notices is gone. They will hound you and go to court for a judgement very, very quickly. Beware, do not ignore this. Parking Eye are hired by the fuel station, supermarket, private parking... whatever... and will drop any of their prospective actions if asked to do so by their clients. Good luck.
This worked, thank you so much smile

It was not the money, it was the principle.

smile

Greensleeves

1,235 posts

203 months

Sunday 5th April 2015
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Remember that parking is getting out of your car and going away to do your shopping or something. If you stay with your car then you are waiting. If you are putting stuff into your car you are loading. Different rules apply for each. You can load on double yellows for example. I see this one's all cleared up but most people aren't aware of these rules, even the ones that try and enforce them.

Edited by Greensleeves on Sunday 5th April 07:06