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Thread: issued a Parking Ticket on Private Land by Parking Eye

  1. #1
    Senior Member Lighttouch's Avatar
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    issued a Parking Ticket on Private Land by Parking Eye

    I normally use my Blue Badge and park on double yellow lines for up to 3 hours. Or park in a parking bay on road. I don't like multi-storey car parks as I usually get stuck at the exit barrier as I can't get the exit ticket to slot in the slot.

    When I drove to my PIP Assessment Centre I HAD to park in a private car park that was staffed by number recognition camera. I found a 'so called accessible parking bay' and eventually squeezed out of the driver's seat as I couldn't fully open the door.

    I got my electric wheelchair of the back with help from my hoist. I then found the paring ticket machine that had two cars in front of it - sitting nose to tail. By the time I got my ticket and placed it on the dashboard I'd lost 25 minutes from when I entered the car park.

    There was a 30 minute delay before my assessment and the assessment took over an hour. I then returned to my car, put the chair away then drove home without a worry.

    A few days later a letter turns up saying I owe £60 for staying longer or it will rise to £100 if not paid.

    All the websites say don't pay the fine as it isn't enforceable - this is correct! But . . . .

    - if it goes to the Court for none payment - then the Judge will find in favour of the company. At this stage more fees have been added.
    - if you don't pay at this stage there's nothing they can do. But . . .
    - if it's escalated to the High Court, more fees are added and need collecting.
    - Once a High Court judge rules in favour of the parking company they can ask the High Court Sherrifs to retreive the money or goods to that value.

    I paid the £60 fine as I didn't want months of worry. If I'd found this link earlier I might have challenged the ticket company.

    Parking Eye Charge Notice
    http://forums.moneysavingexpert.com/....php?t=5407284

    Parking Eye Website
    https://www.parkingeye.co.uk

    The key is to refer to the British Parking Association's 'Code of Conduct' page 9.
    http://www.britishparking.co.uk/writ...update_V5..pdf

    BRITISH PARKING ASSOCIATION CODE OF PRACTICE
    16 Disabled motorists
    16.1 The Equality Act 2010 says that providers of services tothe public must make‘reasonable adjustments’to removebarriers which may discriminate against disabled people.
    16.2 ‘Reasonable adjustments’ to prevent discrimination arelikely to include larger ‘disabled’ parking spaces near tothe entrance or amenities for disabled people whosemobility is impaired. It also could include loweredpayment machines and other ways to pay if payment isrequired: for example, paying by phone. You and yoursta also need to realise that some disabled people maytake a long time to get to the payment machine.
    16.3 Operators of o -street car parks do not have torecognise the Blue Badge scheme. But many choose todo so to meet their obligations under the Equality Act.Although a Blue Badge is not issued to all disabled peopleit is issued to those with mobility problems. So it is agood way for parking operators to identify people whoneed special parking provision.
    16.4 You are at risk of a claim under the Equality Act if youdo not discourage abuse of the ‘disabled’ spaces. Thismeans that you need to make sure the spaces areregularly checked to be sure they are not being usedby people who do not have a disability.
    16.5 If your landowner provides a concession that allowsparking for disabled people, if a vehicle displays a validBlue Badge you must not issue it with parking chargenotices.





    Other Guides
    https://www.which.co.uk/consumer-rig...n-private-land
    https://www.saga.co.uk/magazine/moto...n-private-land
    Last edited by Lighttouch; 10-28-2017 at 01:22 PM.

  2. #2
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    You are I believe allowed an expenses for the Assessment? I would try and claim the ticket from them, on the premise that the assessment was delayed.

  3. #3
    Senior Member Lighttouch's Avatar
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    Quote Originally Posted by reddivine View Post
    You are I believe allowed an expenses for the Assessment? I would try and claim the ticket from them, on the premise that the assessment was delayed.
    That's right. You can claim for a taxi there and back or mileage if you travel by car. I don't think they'd pay me parking bill but I'd express to everyone to pay a little extra at the ticket machine e.g. three hours to cover yourself. The clock starts ticking from when you enter the car park not when you buy the parking ticket and ends on leaving the exit barrier.

  4. #4
    Senior Member Kodiak's Avatar
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    I do believe that you did the correct thing by paying the Parking Fine.

    I also believe that you should now Appeal this Fine. It can do no harm and there is a good chance you may win and get you fine back.

    Good Luck.
    Deep into that darkness peering, long I stood there, wondering, fearing, doubting, dreaming dreams no mortal ever dared to dream before.
    Edgar Allen Poe

  5. #5
    Senior Member firebird's Avatar
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    Lighttouch did you not use Pepipoo? They are brilliant and would have helped you to not pay, sadly I think it is unlikely that an appeal to Parking Eye will result in a refund. They are one of the biggest crooks in the crooked parking industry which is raking in millions of pounds from people who don't bother to challenge. The parking fee is recoverable for the assessment definitely overestimate the time it might take.

  6. #6
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    My wife parked in a supermarket car park that was enforced by Parking Eye cameras for a two hour limit, and she stayed for half an hour too long, thinking that by parking in a disabled bay she would be exempt from the requirement. When she received the charge notice, I appealed on the basis that by being disabled it takes her longer to do things (enclosed a copy of the disabled badge), thus it was indirect disability discrimination. They waived the charge.

    It is also worth noting, that in most cases if you submit an appeal it pauses the clock for the increase in charge - read the small print on the charge notice.

    On another point, in Parking Eye's charge notice they make frequent reference to a court case that found that a motorist was liable for the charge, which with costs exceeded £1000 because the motorist had taken note of all of the web advice not to pay, and then took the first judgement to appeal. However, that case was exceptional and did not make legal precedent. The difference was that in the car park concerned (Riverside Retail Park in Chelmsford), Parking Eye had taken out a lease on the car park, so that they were the operator of the land. In most cases, the car park is owned by, for example, a supermarket, who pay Parking Eye to patrol it.
    Last edited by keithl; 10-30-2017 at 09:59 AM. Reason: More info

  7. #7
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    Quote Originally Posted by keithl View Post
    My wife parked in a supermarket car park that was enforced by Parking Eye cameras for a two hour limit, and she stayed for half an hour too long, thinking that by parking in a disabled bay she would be exempt from the requirement. When she received the charge notice, I appealed on the basis that by being disabled it takes her longer to do things (enclosed a copy of the disabled badge), thus it was indirect disability discrimination. They waived the charge.

    It is also worth noting, that in most cases if you submit an appeal it pauses the clock for the increase in charge - read the small print on the charge notice.

    On another point, in Parking Eye's charge notice they make frequent reference to a court case that found that a motorist was liable for the charge, which with costs exceeded £1000 because the motorist had taken note of all of the web advice not to pay, and then took the first judgement to appeal. However, that case was exceptional and did not make legal precedent. The difference was that in the car park concerned (Riverside Retail Park in Chelmsford), Parking Eye had taken out a lease on the car park, so that they were the operator of the land. In most cases, the car park is owned by, for example, a supermarket, who pay Parking Eye to patrol it.
    Always make sure you are parked within the lines too. I have to say our local authorities have enforcement officers who use their discretion. I got a ticket as I forgot to put my badge out and paid the £25 fine. When subsequently chatting with an officer I was told I should have appealed as they would have cancelled it. A different story in big towns and city's where wardens wait for the ticket time to expire or hide away.

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