Parking fine WITH PROOF I was parked correctly
Parking fine WITH PROOF I was parked correctly
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JapanRed

Original Poster:

1,591 posts

140 months

Thursday 14th March 2019
quotequote all
Hi all. Received a parking fine in the post from Parking Eye. Fortunately have photo evidence that I was parked correctly. Appealed to the parking company and they have said they WONT uphold my appeal.

They said I can pay up or appeal to POPLA.

My question is, what if I do nothing? Is this advised? Are they likely to take me to court? I’m pretty confident I would win in court but just can’t be arsed with all the hassle/stress. Nor have I got the inclination to mess about with POPLA. As far as I’m concerned I was parked correctly and I have photographic evidence which I’ve provided.

Any advice?

NGee

2,953 posts

193 months

Thursday 14th March 2019
quotequote all
JapanRed said:
Hi all. Received a parking fine in the post from Parking Eye.

They said I can pay up or appeal to POPLA.

Any advice?
Looks like you've already had some advice!

Ahbefive

11,657 posts

201 months

Thursday 14th March 2019
quotequote all
Appeal

xjay1337

15,966 posts

147 months

Thursday 14th March 2019
quotequote all
If you are parked correctly then go to POPLA.

I've only ever heard of one case where an appeal from a parking company was upheld and that was when the person happened to have proof of purchasing a car park ticket that they had claimed not to have bought!!

pavarotti1980

6,343 posts

113 months

Thursday 14th March 2019
quotequote all
JapanRed said:
Hi all. Received a parking fine in the post from Parking Eye. Fortunately have photo evidence that I was parked correctly. Appealed to the parking company and they have said they WONT uphold my appeal.

They said I can pay up or appeal to POPLA.

My question is, what if I do nothing? Is this advised? Are they likely to take me to court? I’m pretty confident I would win in court but just can’t be arsed with all the hassle/stress. Nor have I got the inclination to mess about with POPLA. As far as I’m concerned I was parked correctly and I have photographic evidence which I’ve provided.

Any advice?
Go to POPLA. Not too much of a chore and it costs Parking Eye £27 for the privelege

speedking31

3,916 posts

165 months

Thursday 14th March 2019
quotequote all
JapanRed said:
... Fortunately have photo evidence that I was parked correctly...
How does your photo prove that you didn't return to your car and then move it to a legitimate position before taking the photo?

JapanRed

Original Poster:

1,591 posts

140 months

Thursday 14th March 2019
quotequote all
speedking31 said:
JapanRed said:
... Fortunately have photo evidence that I was parked correctly...
How does your photo prove that you didn't return to your car and then move it to a legitimate position before taking the photo?
Well I suppose it never could prove that. But I’ve got 4 photos that are on my iPhone from 5 mins after I entered the car park showing me parked in a correct space.

Why would Parking Eye not uphold my appeal when I’ve got proof? They’ve not given me a reason for not upholding it.

What if I don’t go to POPLA? Will it look bad on me on court? As far as I’m concerned I parked correctly, I have as much proof as I could ever have and I’ve provided Parking Eye with it. Why should I keep jumping through hoops? If they want to take me to court I’ll oblige if I have to but it’s all a bit of a hassle when I genuinely don’t believe I’ve done anything wrong.

JapanRed

Original Poster:

1,591 posts

140 months

Thursday 14th March 2019
quotequote all
NGee said:
JapanRed said:
Hi all. Received a parking fine in the post from Parking Eye.

They said I can pay up or appeal to POPLA.

Any advice?
Looks like you've already had some advice!
Well yeah but the advice from Parking Eye is going to be a bit biased isn’t it?

Meoricin

2,880 posts

198 months

Friday 15th March 2019
quotequote all
JapanRed said:
Well I suppose it never could prove that. But I’ve got 4 photos that are on my iPhone from 5 mins after I entered the car park showing me parked in a correct space.

Why would Parking Eye not uphold my appeal when I’ve got proof? They’ve not given me a reason for not upholding it.

What if I don’t go to POPLA? Will it look bad on me on court? As far as I’m concerned I parked correctly, I have as much proof as I could ever have and I’ve provided Parking Eye with it. Why should I keep jumping through hoops? If they want to take me to court I’ll oblige if I have to but it’s all a bit of a hassle when I genuinely don’t believe I’ve done anything wrong.
Why did you take 4 photos of your car after parking?

Puddenchucker

5,865 posts

247 months

Friday 15th March 2019
quotequote all
Let's see the photo's, so we can offer an opinion.
(You may even end up in the Bad Parking thread tongue out)

PurpleMoonlight

22,362 posts

186 months

Friday 15th March 2019
quotequote all
Meoricin said:
Why did you take 4 photos of your car after parking?
Why do people take photos of themselves and post them on the internet?

Strange world huh.

laugh

Hol

9,316 posts

229 months

Friday 15th March 2019
quotequote all
What exactly is the quoted offence?

Not within the lines?
Not in a designated space?
No ticket/permit on display?


If you have proof that cannot be disputed, then I think you should take their advice and go Poopla.



Edited by Hol on Friday 15th March 08:14

NGee

2,953 posts

193 months

Friday 15th March 2019
quotequote all
JapanRed said:
NGee said:
JapanRed said:
Hi all. Received a parking fine in the post from Parking Eye.

They said I can pay up or appeal to POPLA.

Any advice?
Looks like you've already had some advice!
Well yeah but the advice from Parking Eye is going to be a bit biased isn’t it?
Not at all, they advised you of the only two sensible options.

However if you just decide to do nothing then that is your choice, but do please come back and let us all know how it goes.
You may have found a loophole in the law whereby everyone can park where they want and get away with it.

S11Steve

6,389 posts

213 months

Friday 15th March 2019
quotequote all
If you appeal to POPLA with a valid defence, it will never end up in court.

Even if you lose at POPLA (it's not as cut n dried as it used to be) PE will send it down the Equita/Debt Recovery Plus route, and they will send some letters with red ink with vagie threats about how non-payment "could" or "may" affect your credit rating.

Do nothing, and the chances are it will go down the robo-claim route, causing a lot of hassle and hopps to jump through to clear your name.


Pica-Pica

16,595 posts

113 months

Friday 15th March 2019
quotequote all
Meoricin said:
JapanRed said:
Well I suppose it never could prove that. But I’ve got 4 photos that are on my iPhone from 5 mins after I entered the car park showing me parked in a correct space.

Why would Parking Eye not uphold my appeal when I’ve got proof? They’ve not given me a reason for not upholding it.

What if I don’t go to POPLA? Will it look bad on me on court? As far as I’m concerned I parked correctly, I have as much proof as I could ever have and I’ve provided Parking Eye with it. Why should I keep jumping through hoops? If they want to take me to court I’ll oblige if I have to but it’s all a bit of a hassle when I genuinely don’t believe I’ve done anything wrong.
Why did you take 4 photos of your car after parking?
Because the other two showed incorrect parking?

geeks

11,652 posts

168 months

Friday 15th March 2019
quotequote all
If you were parked correctly on what grounds was the pcn issued?

Jimmy Recard

17,550 posts

208 months

Friday 15th March 2019
quotequote all
Meoricin said:
Why did you take 4 photos of your car after parking?
This will sound odd, but I take a photo of my car when I park it just in case of this happening

Roger Irrelevant

3,389 posts

142 months

Friday 15th March 2019
quotequote all
To get any sort of meaningful advice you need to post the picture along with what the PCN said. It sounds a bit odd - on this day you decide to take a picture of how you've parked your car (assume you don't do it every time), and then lo and behold you receive a ticket. Post the picture though and I'm sure you'll make me look stupid for having my doubts.

JapanRed

Original Poster:

1,591 posts

140 months

Friday 15th March 2019
quotequote all
Why are most people everyone assuming I've done something wrong here?

I took the pictures because the car park was FULL of parking eye warnings (literally loads of them, which made me suspicious). Not sure why I took the pics, just a hunch I suppose. Glad I did now.

For the person suggesting I went back and took the photos afterwards the car park is approx. 100 miles from my home address. Simply wouldn't be worth 200 miles of fuel plus 3hrs of my time for a £60 fine. The photos on my iphone show the time they were taken (which is 5 mins after I entered the car park).

I don't have the letter to hand so cant say for certain what the original complaint/fine was for - off top of my head it was something generic such as 'not adhereing to rules'. Ill double check when I get home.

Ill also post pics of my car in the space when I get home. I wasn't straddling 2 spaces I might add.





Back onto what I should do next - What if I lose at POPLA? Will this affect the outcome in court? Will it make court more likely?

If PARKING EYE have rejected my appeal then so could POPLA. As someone has stated, I could have gone back and taken the pics afterwards so although I have the pics its not absolute proof (although by this argument no one would ever have absolute proof). Also, why should I keep jumping through hoops when Ive done nothing wrong?

I've read online that the maximum fine if I lost in court would be about £450. Anyone know if this is correct? It would almost be tempting to let them take me to court. I suspect I'd have a better chance of winning in court as I can show times that photos were taken and location etc on iPhone. Plus it may be easier to explain it all in person to a judge...

S11Steve

6,389 posts

213 months

Friday 15th March 2019
quotequote all
JapanRed said:
Back onto what I should do next - What if I lose at POPLA? Will this affect the outcome in court? Will it make court more likely?

If PARKING EYE have rejected my appeal then so could POPLA. As someone has stated, I could have gone back and taken the pics afterwards so although I have the pics its not absolute proof (although by this argument no one would ever have absolute proof). Also, why should I keep jumping through hoops when Ive done nothing wrong?

I've read online that the maximum fine if I lost in court would be about £450. Anyone know if this is correct? It would almost be tempting to let them take me to court. I suspect I'd have a better chance of winning in court as I can show times that photos were taken and location etc on iPhone. Plus it may be easier to explain it all in person to a judge...
POPLA is binding on the parking operator, but not on the motorist. If you lose, it can be brought up in court, however from my experience a strong appeal will deflect it down the debt recovery route rather than the court route.

Realistically the court claims for parking contraventions are £230. I've done a few, and they are a pain in he ass when you know you are in the right, but the parking companies use it as a leverage - many people would rather pay up than go through the hassle of a defending a claim, even when they are in the right.
Parking Eye are litigious but mainly for persistent offenders or people who ignore everything - they aim to get a default judgement.