Parking Eye- Appeal on hold

Parking Eye- Appeal on hold

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Discussion

johnfm

13,668 posts

250 months

Tuesday 26th April 2016
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surveyor_101 said:
PurpleMoonlight said:
Lucky that, they cost 5p these days which he probably wouldn't have paid either.
Just a moan you wanted then as what 5p and maps has to do with being charged for entering a car park deciding not to park and exciting, then being billed £100 for the privilege.

He spent much the same time as someone looking around for a space or reading the terms.
Purple is trying to make a joke about bags costing 5p because you types bag instead of bay in an earlier post.

Best ignore.

I'd go down the 'took 12 minutes to read the terms' route.

Red Devil

13,060 posts

208 months

Tuesday 26th April 2016
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surveyor_101 said:
PurpleMoonlight said:
Then the driver should not have used someone's private property for the purpose.

The legislation allows for the operator to claim the car park charge plus the cost of collection.

£60 seems reasonable.

The car park operator is not at fault here, you driver was.
You would pay £60 to £100 if you pulled in got stuck in a que to find there was no space just based on anpr?
As another poster has said that's a slightly different scenario. One for which a (non-binding) ruling has been made by a County Court Judge.
http://www.cornishguardian.co.uk/Couple-win-parkin...

However it underlines the basic flaw with any ANPR system. It can only prove an entry and exit: not that a parking event took place in between.

surveyor_101

Original Poster:

5,069 posts

179 months

Tuesday 26th April 2016
quotequote all
Red Devil said:
As another poster has said that's a slightly different scenario. One for which a (non-binding) ruling has been made by a County Court Judge.
http://www.cornishguardian.co.uk/Couple-win-parkin...

However it underlines the basic flaw with any ANPR system. It can only prove an entry and exit: not that a parking event took place in between.
Percent setting case law, it gets better the respond should be good.

PurpleMoonlight

22,362 posts

157 months

Wednesday 27th April 2016
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surveyor_101 said:
Percent setting case law
No it isn't.

Corpulent Tosser

5,459 posts

245 months

Wednesday 27th April 2016
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I don't get why you want to fight this on someone else's behalf.

Give them the driver's name and let him fight it if he wants to.

From what I have read he entered a car park, parked for some time less than 12 minutes, possibly not in a designated parking area, which may be an breach of conditions in itself, then left the car park, if he had paid to park there would be no issue, so let him fight it himself.

surveyor_101

Original Poster:

5,069 posts

179 months

Wednesday 27th April 2016
quotequote all
1) I don't like these companies employing anpr and just firing tickets on the off chance someone will pee their pants and pay. It's like shooting fish in barrel.

As proved in the Cornwall case they have not established parking happened merely vehicle entered in a short period of time and exited.

2) they have not as yet proved breach of contract as they can't proved he parked they assume he did. It's a weak case and they are trying it on as in the Cornish case. The driver committed the breach yet they can't Identify him her it.

3) i am not convinced we can legally provide drivers details to some Barry bandit company or that we are legally obliged to. Our employee terms state we will pay and recover from fines received from the employee.

I am the commercial debt head and I am not paying these muppets £100 without proof he parked and breached their terms.

Corpulent Tosser

5,459 posts

245 months

Wednesday 27th April 2016
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surveyor_101 said:
I am the commercial debt head and I am not paying these muppets £100 without proof he parked and breached their terms.
I think I would be more concerned if he claimed he hadn't parked, that would mean he was driving about a car park looking at his map.


Gallen

2,162 posts

255 months

Wednesday 27th April 2016
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If your car wouldnt start or it's broken down, then you don't have to pay the Parking eye fine.


surveyor_101

Original Poster:

5,069 posts

179 months

Thursday 28th April 2016
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Gallen said:
If your car wouldnt start or it's broken down, then you don't have to pay the Parking eye fine.

Yes there are a number of circumstances I can think of and the cornish case proves this anpr ticket anyone entering and exiting without paying for a ticket, scam as thats what it is, that Parking Eye are running is crazy. I am perhaps not surprised that some on here want to argue otherwise as they like a good arguement not matter how anti car enthusiast the topic.

I have now spoken to the driver and there were no spaces so he checked his map quickly and left, therefore he couldn't park in a mark bay and comply with the cont

surveyor_101

Original Poster:

5,069 posts

179 months

Wednesday 4th May 2016
quotequote all
Appealed rejected no details why.

No response to my letter.

Red Devil

13,060 posts

208 months

Wednesday 4th May 2016
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surveyor_101 said:
I have now spoken to the driver and there were no spaces so he checked his map quickly and left, therefore he couldn't park in a mark bay and comply with the cont
Playing Devil's Advocate here, I wouldn't describe 12 minutes checking a map as 'quickly'.

surveyor_101 said:
Appealed rejected no details why.
Unsurprising. You don't mention which PPC it is. If it's an IAS member you'll be shafted on any appeal to their kangaroo court.

surveyor_101 said:
No response to my letter.
Again, that doesn't surprise me. If it hasn't yet reached that stage the next step is likely to be a NtK invoking PoFA RK liability by the PPC. If you're determined to fight, it might pay you have have an off-thread exchange with S11Steve. Also consider pepipoo/MSE where you are more likely to receive actual help and support than on here.

surveyor_101

Original Poster:

5,069 posts

179 months

Wednesday 4th May 2016
quotequote all
Red Devil said:
Again, that doesn't surprise me. If it hasn't yet reached that stage the next step is likely to be a NtK invoking PoFA RK liability by the PPC. If you're determined to fight, it might pay you have have an off-thread exchange with S11Steve. Also consider pepipoo/MSE where you are more likely to receive actual help and support than on here.
sorry its parking eye as per the time of the post>

Yes they have just lost a case in cornwall of anpr used for 29 mins of driving round looking for a space.


BPA says 10 mins grace to park and 20 minutes to exit. I think 10 minutes to enter and exit without parking seems reasonable.

Have a post on MSE as well now

MikeGoodwin

3,339 posts

117 months

Wednesday 4th May 2016
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MSE will rightly tell you to use the templates. I assume they provide you with a POPLA code to make an appeal?

Lucky for you PE still use POPLA (they are part of the BPA)

I used to bait UKCPM into giving me tickets and appealed them all through popla and had them overturned using that advice. Had 20 in the end.


Markbarry1977

4,064 posts

103 months

Wednesday 4th May 2016
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Bookmarked.

I personally think the op is right. Fight the f*****g robbing b*****ds all the way. I look forward to your victory.

bad company

18,574 posts

266 months

Thursday 5th May 2016
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surveyor_101 said:
Appealed rejected no details why.

No response to my letter.
Appeals to parking firms are nearly always rejected. I would do nothing now, wait and see what they do next, if anything.

Good Luck!

GC8

19,910 posts

190 months

Sunday 8th May 2016
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PurpleMoonlight said:
The lengths some people will go to to avoid paying when they are clearly in the wrong is astonishing.

You are not breaching the Data Protection Act by advising the drivers details.
The lengths some people will go to to try to look clever on the internet.

I feel sorry for you.

bad company

18,574 posts

266 months

Sunday 8th May 2016
quotequote all
GC8 said:
PurpleMoonlight said:
The lengths some people will go to to avoid paying when they are clearly in the wrong is astonishing.

You are not breaching the Data Protection Act by advising the drivers details.
The lengths some people will go to to try to look clever on the internet.

I feel sorry for you.
+ 1. yes

surveyor_101

Original Poster:

5,069 posts

179 months

Sunday 8th May 2016
quotequote all
Well having done some research they also lost a planning appeal as they only had 2 years to run this gravel pit with no marks bays as a carpark. It's down to be built on and the council don't want it as short term commuter parking. The proposal they have set forward is 5 hours £25 that's it. They are still running its as short term so in breach of planning anyway.

I have submitted a long popla appeal with help from mse, so fingers crossed. Having looked they are not complaint with the bpa on a number of issues and don't having planning for ANPR.

They had planning to run it short term for 2 years expiring in Jan 16. They were late appealing and the appeal has been thrown out.

bad company

18,574 posts

266 months

Sunday 8th May 2016
quotequote all
surveyor_101 said:
Well having done some research they also lost a planning appeal as they only had 2 years to run this gravel pit with no marks bays as a carpark. It's down to be built on and the council don't want it as short term commuter parking. The proposal they have set forward is 5 hours £25 that's it. They are still running its as short term so in breach of planning anyway.

I have submitted a long popla appeal with help from mse, so fingers crossed. Having looked they are not complaint with the bpa on a number of issues and don't having planning for ANPR.

They had planning to run it short term for 2 years expiring in Jan 16. They were late appealing and the appeal has been thrown out.
Why bother with POPLA? I would just invite them to sue.

surveyor_101

Original Poster:

5,069 posts

179 months

Monday 9th May 2016
quotequote all
bad company said:
Why bother with POPLA? I would just invite them to sue.
Because there are many holes in their case and its costs them £27plus vat and any admin time they need to mount their case. Also if they do sue it would be asked why we didn't use the code they provided.

Also if you do some research Parking Eye often do sue and other than beavis they lose.

If everyone appealed their tickets and didn't pay their business model would fail in months.