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Effluent Man
20th Feb 2015, 06:25
These people annoy me and it's effectively a scam. Now it looks as if their charges may well have been illegal too. I have a mind to pursue them through the Small Claims Court.

It's a simple process and should they wish to contest a claim then they will have to instruct a solicitor to act on their behalf with virtually zero chance of a successful defence and considerably expense that they cannot counter claim for.

If anybody has paid one of these get in touch and I will be happy to action it on their behalf on a 50/50 basis.No win,no fee!

ShyTorque
20th Feb 2015, 06:51
We've just appealed a charge from Parking Eye and they cancelled the demand. We used a process found online and all it required was a letter asking the right questions.

sitigeltfel
20th Feb 2015, 06:58
If anybody has paid one of these get in touch and I will be happy to action it on their behalf on a 50/50 basis.No win,no fee!

Very altruistic, but your offer may fall foul of PPRuNe terms and conditions :hmm:

tony draper
20th Feb 2015, 06:58
Yer our courts are no much use at dealing with criminals but are very good at acting as dept collectors for a bunch of gangsters.
:suspect:

Newark_Anagram
20th Feb 2015, 07:02
I run a Parking Support Group to help people fight these fake fines. As quoted above, if you put all the right words in the initial appeal, you will normally get these charges cancelled by the parking company.

There is a hearing at the Court of Appeal next Tuesday (24th) to determine whether these charges are enforceable.

If Mr Beavis wins his appeal, anyone who has paid these fake fines could claim their money back from the parking company and/or the landowners who employed them.

Let's hope Mr Beavis wins, or it could affect how we are all treated by any company.

NA

Effluent Man
20th Feb 2015, 08:10
Siti, A Tory who disapproves of enterprise? Shurely shome mishtake!

Bronx
24th Apr 2015, 08:32
Bad news for British motorists.

Barry Beavis parking charges challenge dismissed - BBC News (http://www.bbc.co.uk/news/uk-england-essex-32429649)


"not extravagant or unconscionable" :eek:

Blacksheep
24th Apr 2015, 13:48
I have a good way of fighting the fake fines - especially now that the Appeal Judges have decided 42.50 per minute is a reasonable parking charge. I will never, ever under any circumstances shop at any premises where there is an unreasonable "penalty" for overstaying by a few minutes. I believe that all car parks should be "Pay on Exit" so you pay for what you've used. If everyone did this, there'd soon be a move against UKPC and Parking Eye and the rest of them by shops and businesses.

In St. Albans I park in an NCP car park. If I arrive back at the car an hour and five minutes after I entered, I have to pay for two hours. So be it. That's a lot less than 85.

The real problem is that the law now says that penalty clauses in all contracts are now legally enforceable, not just in relation to car parking, but in everything. The penalty clauses are always in the small print. We must all now beware!

Ancient Observer
24th Apr 2015, 16:28
Parking Eye dropped their "charge" against my daughter. She just followed the letters available on the internet.

MG23
24th Apr 2015, 17:49
I believe that all car parks should be "Pay on Exit" so you pay for what you've used. If everyone did this, there'd soon be a move against UKPC and Parking Eye and the rest of them by shops and businesses.

Which is exactly why it won't happen. They make too much money from those who overstayed a short time.

berliner57
24th Apr 2015, 18:24
To true, in the last accounts for Parking Eye the turnover was 14m. So a very profitable moneymaker.

gingernut
24th Apr 2015, 21:09
It's a revenue raising project.

The Beavis result was disappointing, but having said that, I've only been to one opera, and just when I thought it was over, a fat lady sang.

Here's a bit of my story..... Man wins court battle against Parking Eye over 100 fine for CIRCLING car park | Daily Mail Online (http://www.dailymail.co.uk/news/article-2594413/Man-wins-court-battle-against-parking-firm-tried-fine-100-CIRCLING-car-park-without-stopping.html)



Beavis will take this to the supreme court.

Flying Lawyer
24th Apr 2015, 21:17
Full judgment here:

Parkingeye Ltd v Beavis [2015] EWCA Civ 402 (23 April 2015) (http://www.bailii.org/ew/cases/EWCA/Civ/2015/402.html)

JB007
24th Apr 2015, 21:51
Went through this a couple of years ago with Parking Eye, after an over stay at a service station, lots available on the Internet, this company seem to be the biggest player and will follow up with very threatening letters from Debt Collectors. Don't ignore the initial charge anymore, fight straight back within the 28 days.

Dig out the British Parking Authority Code of Conduct as "pre-estimate of loss" regarding the charge is where most cases win regarding non-landowner etc etc...

Hate these guys and this system...shame for Mr Beavis, could have been a game changer!!

Mr Optimistic
24th Apr 2015, 21:55
Was there a parking fee, no mention of it. Thought you needed consideration for a contract.
Wonder what would happen if you over stayed by 1 minute? Presumably the contractor has a working rule to ensure reasonableness. 20 mins anyone?

AtomKraft
24th Apr 2015, 22:06
I live in India these days.

To ask for payment to park a car is ok.

To receive such a payment.......not quite as likely to happen.

I like rules that can be bent, or ignored according to status. I know it's not really fair, but there is justice of a kind I think.

Perhaps FL will interject, I hope so.

gingernut
24th Apr 2015, 23:33
Basically, before this ruling, Parking Companies were only able to recover a "Genuine Pre-Estimate of Loss." (About fifteen quid.) It covered their stamps, envelopes and stuff.

The Chaps in the Court of Appeal held it fit that the 70-95 quid Parking Eye charge (can't remember the legalise they use), was basically fair and in line with Council Fines, and their was some bit about deterrent, commercial justification and such like

(Please don't shoot the messenger.)

The AA, RAC, Which (AKA the Consumers association) are a little pi**ed off because there could be far reaching ramifications from this precedent. Eg, put a little dodgy sign up in a restaurant saying we can charge you ninety quid for spilling wine on our tablecloth, and, according to the CoA, that's okay.

Motorists are p++sed off, because it seems to another nail in the coffin of rising costs.

The MacMillan Nurses are piss*d off, because they want to spend more time with their patients than was scheduled. The Private Parking Companies realise they are now "easy pickings." (Parking Eye are taking over the hospitals)

Retailers have mixed views. Everyone respects the right for private landholders to manage their parking as they seem fit, within the legal framework. Unfortunately, (now) this means that if I nipped back to Aldi (Substitute this for the supermarket of your choice), for the sausages I forgot on my first visit, The Court of Appeal says it's okay for Parking Eye to charge me 70-95 quid. And it's likely they will. Some retailers (B&Q / Safeway) recognised the backlash and have had messy divorces from Parking Eye.

I'm [email protected] off, because I had faith in the Judiciary, and am not happy at listening to the backlash about them being privileged, in cahoots with commerce etc.

Thank Gawd for The Division of Powers !

Has the fat lady sang yet :cool:

MG23
24th Apr 2015, 23:37
I'm [email protected] off, because I had faith in the Judiciary

Why?

Seriously, based on their record over the last couple of decades, they're just about the last people I'd have any faith in.

gingernut
25th Apr 2015, 00:00
Well, at present, this is "Judge Made Law," which, to be fair, has, mostly, served our country well over the years.

Getting things into perspective, my dispute was initially over a seventy quid parking charge (it's not a fine 'cos I dared to try and find a parking space, at, what was, my beloved Fistral Beach

The whole thing escalated, and at no time did me (and my wife) want to appear in Court. I've never been to Court in my life, I thought the whole purpose of the legal system was to avoid courts and judges. Just like the whole purpose of health is to avoid medicine and doctors !

We were, however, eventually dragged into a court. I like to think of my myself, generally, as a man of honour, but was not quite emotionally prepared for the adversarial system of Justice in this country. Bottom line was that the Parking Eye lawyer told lies. (Again, keeping things in perspective, this was about a seventy quid charge.)

The hearing was scheduled for FOUR HOURS.

We won.

Complete waste of everyone's time.

Was awarded travelling costs, and 3.20 for the car park outside of the court ! (think the judge may have been having a laugh.)


Whole thing is still a mess, we're raising money for a Supreme Court Hearing now. Never thought I'd hear myself say it, but hope the press/politicians grasp onto the sway of public opinion.

PS it was never about the money.... Donated the judgement transcript to the Parking Prankster, which cost me ninety quid.

Happy Parking.

fitliker
25th Apr 2015, 20:47
Unelected Judges do not make Law.
Parliament does.
The law is made in the peoples house .Just a shame it is not written in plain enough English.


How are we poor peasants and serfs, without the benefit of several law degrees supposed to walk the thin straight line without breaking the complex rules written in a complex cryptic chronicles.


No wonder we need Judges and Jurists to interpret what was written ,and what may have been intended by those representing "Vox populi,Vox Dei "


although:

Nec audiendi qui solent dicere, Vox populi, vox Dei, quum tumultuositas vulgi semper insaniae proxima sit.


English translation:
And those people should not be listened to who keep saying the voice of the people is the voice of God, since the riotousness of the crowd is always very close to madness.

Although this might best describe the modern political body in full election mode :)

gingernut
25th Apr 2015, 22:31
Common Law...... ?

Is that not Judge made law ?

fitliker
26th Apr 2015, 04:33
You are right ginger :)

gingernut
26th Apr 2015, 23:03
the time at Law School wasn't wasted. (Until we got to "Land Law.")

Blacksheep
27th Apr 2015, 12:49
How are we poor peasants and serfs, without the benefit of several law degrees supposed to walk the thin straight line without breaking the complex rules written in a complex cryptic chronicles.When all else fails, pitchforks, fire and guillotines come in handy.

But seriously, the answer is not to do business with retailers who have these parasites patrolling their car parks - and be sure to write to their Chief Executives to say so. We don't use the local Aldi because the owner of the development where they are located has a very active UKPC ticket writer. He's so efficient he can slap a ticket on you while you're away getting the free ticket to put on your windscreen.

But we British are mostly a bunch of sheep and don't like to complain for fear of standing out from the crowd. So we cough up and moan about it afterwards.

JB007
28th Apr 2015, 06:39
The government are interested in your experiences over parking on private land charges and ideas to reform...

Ways to respond
Email to:
[email protected]

Write to:
Parking reform Call for Evidence
High Streets Team
3/NE Fry Building
2 Marsham Street
London
SW1P 4DF

gingernut
28th Apr 2015, 12:26
ALDI are happy to pursue motorists through the civil courts, yet repeatedly disregard the safety of their patrons and staff.

And to be honest, although cheap, the food goes mouldy pretty quick... http://www.pprune.org/jet-blast/547525-fire-door-awareness-week.html

http://www.pprune.org/jet-blast/547525-fire-door-awareness-week.html

gingernut
2nd May 2015, 18:57
Not quite the result we were after, but sometimes landholders do listen to their customers.... New regime at Fistral. What happened to Parking Eye ? - MoneySavingExpert.com Forums (http://forums.moneysavingexpert.com/showthread.php?t=5230619)

gingernut
10th May 2015, 20:46
Sometimes it's all about people power....

http://img.photobucket.com/albums/v617/gingernut123/newqay%20voice_zpso1r2uqu7.jpg