You are liable but if it were me I would Just ignore the demand. To be enforceable the company would have to sue you in court and win. They won't do that - it's not worth the trouble. Enough people pay up that they don't need to go to that bother. Just don't be one of them.
Private Parking Invoice £100
- Thread starter moneypenny
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MP:
This from the pepipoo website:
•The PPC may "invite" (not demand, nor require) the RK to provide the details of the driver at the time of the alleged transgression.
From what you've said, they are more demanding not inviting. Seems like they've broken the rules straight away.
This from the pepipoo website:
•The PPC may "invite" (not demand, nor require) the RK to provide the details of the driver at the time of the alleged transgression.
From what you've said, they are more demanding not inviting. Seems like they've broken the rules straight away.
They changed the law you numskull, can't you read?
So to gravity, quantum mechanics, black holes, evolution, anything ever discussed on the plumbing and heating forum, living above ground - we can add law to the list of subjects which you know absolutely nothing about.
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I have contacted the store and was told that the council had issued the charge, they clearly had not, it is from Parking Eye, a car park management company based in Leeds nowhere near Derbyshire. 'Well', says she 'The council are behind it because they do not want people parking for free and not paying in their car parks'
She relayed a message from the manager that as I had not got the receipt I could take the letter into the store and they would pull the checkout details from their system and if I had indeed spent the time in store they can get the fine lifted. Now, I suspect they have done this expecting me not to turn up because they think I am lying, I am not, I pulled into that car park with the sole intention of visiting the store.
When I came put of the Range I did visit neigbouring store they are almost next door the only 2 shops on the complex on the edge of the town centre. It was only then I realised maybe I was over parked and moved the car, as there was no notice on the windscreen I assumed I had been lucky.
But my gripe is I spent over 2 hours in the b****y Range and it would have made no difference to the charge popping into the store next door, and yes 2 hours is a long time to spend in a shop that size but they don't know my friend!!!! She is an artist and I took her there because the only other art shop in town is closing and she was worried about supplies.
It also begs the question, if they put a notice on the screen folks are damn well going to keep their receipt, is that a ploy, lull victims into a false sense of security and send out a letter a week later when any evidence of a purchase is gone. I paid by card and have it on my statement I made several small impulse purchases I would not bother returning anyway, paid by cash I would have been stuffed.
I will read up on the schedule 4 Protection of Freedoms Act.
I am rambling now goodnight all and thanks.
She relayed a message from the manager that as I had not got the receipt I could take the letter into the store and they would pull the checkout details from their system and if I had indeed spent the time in store they can get the fine lifted. Now, I suspect they have done this expecting me not to turn up because they think I am lying, I am not, I pulled into that car park with the sole intention of visiting the store.
When I came put of the Range I did visit neigbouring store they are almost next door the only 2 shops on the complex on the edge of the town centre. It was only then I realised maybe I was over parked and moved the car, as there was no notice on the windscreen I assumed I had been lucky.
But my gripe is I spent over 2 hours in the b****y Range and it would have made no difference to the charge popping into the store next door, and yes 2 hours is a long time to spend in a shop that size but they don't know my friend!!!! She is an artist and I took her there because the only other art shop in town is closing and she was worried about supplies.
It also begs the question, if they put a notice on the screen folks are damn well going to keep their receipt, is that a ploy, lull victims into a false sense of security and send out a letter a week later when any evidence of a purchase is gone. I paid by card and have it on my statement I made several small impulse purchases I would not bother returning anyway, paid by cash I would have been stuffed.
I will read up on the schedule 4 Protection of Freedoms Act.
I am rambling now goodnight all and thanks.
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Chesterfield or Burton?
Moneypenny send them a letter from Bond......Basildon Bond.
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No they haven't. Private parking is still covered by contract law. That thing you posted is for Council car parks and hospitals.
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Parking Eye use a camera of when you arrive and when you leave. They do NOT give you a 'fine'. It's all a con. I've had one from that cowboy outfit when I parked at Aldi and they'll send you four letters threatening all sorts of things but always with a word such as "MAYBE you will get a County Court Judgement". It's all a con. Ignore Chappy, he's clueless.
Reading other forums it seems it is possible for a store to get the charge cancelled if you have made purchases . I think this is what they mean 'with authorisation'
The Protection of Freedom Act as I see it just means the law requires you to provide name and address of driver and doesn't necessarily make it more enforceable.
The Act came in when clamping was banned. POPLA appeals service was established but they do not take cases of mitigating circumstances. I over stayed but was still in the store, not covered for appeal I think.
It does state on ParkingEye appeals and complaints procedure to appeal in writing including any store receipts or bank statements.
The Protection of Freedom Act as I see it just means the law requires you to provide name and address of driver and doesn't necessarily make it more enforceable.
The Act came in when clamping was banned. POPLA appeals service was established but they do not take cases of mitigating circumstances. I over stayed but was still in the store, not covered for appeal I think.
It does state on ParkingEye appeals and complaints procedure to appeal in writing including any store receipts or bank statements.
Er, doesn't that in itself make it more enforceable?
Prior to this law change you could simply ignore them and they would have to find out who was driving themselves. Now they don't need to, they go after the registered keeper, who the law says can be held liable with no need to prove who actually parked.
So more enforceable.
You shouldn't ignore it anymore. You should
1) Pay it
2) Grass on the driver
3) Appeal (costs them money)
Then you decide whether to ignore them.
'Enforceable' doesn't come into it. What you have received is not a penalty charge it is an invoice for services, which you dispute. The only way the company could obtain an order for payment is to go to court. And even then they would have to win. At court you could be ordered to pay but the amount would be limited to a reasonable estimate of the loss incurred - i.e. a reasonable parking charge. The parking companies know this and know it is not worth pursueing. If it were me I would not appeal. You overstayed and have no real defence for that so the appeal is unlikely to succeed. Spending two hours in a shop that most people would get around in 45 minutes doesn't do it for me. What you might do is offer them a reasonable parking charge for your overstay - maybe offer them £10 or £20.
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