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How can I prove to Parking Eye that their penalty charge notice is invalid?

I received a Parking Charge from Parking Eye. Parking Eye claimed that my car entered the Associated British Ports Town Quay (Short stay) Car Park in Southampton at 12:39:07 on 7 March and left at 17:32:59 on the same day, and want to charge £110. On that day I entered the Associated British Ports Town Quay pick-up and drop-off zone (allowed five minute stay) to pick up one of my employees, who arrived on the Isle of Wight to Southampton Redjet at 12:40. I then left and drove to Farnham for a meeting with him and an outside company.

I subsequently drove back to Southampton and dropped him off at the same drop off zone at 17:30. I appealed to Parking Eye to review its own camera evidence that would show my car leaving shortly after 12:40 and returning again about 17:30. Parking Eye has refused my appeal. They are asking for proof, such as a receipt. However, on that day I drove straight back to my office and did not purchase anything. I can obtain witness statements from the outside company who can verify that I was in Farnham and my car was parked in my designated space at the time along with five of my employees, however I feel that I am having to put an enormous amount of effort into proving I wasn't there when they already have the evidence. Any assistance would be very welcome.

Asked on 23 June 2012 by DS, via email

Answered by Honest John
Parking Eye is notoriously the most active of parking enforcement outfits and, in the nine months from April to December 2011, electronically requested 411,685 keeper details from DVLA records without showing "reasonable cause" in every case. So they have possibly obtained your keeper details illegally under the terms of the Data Protection Act because they did not take "reasonable care" to check their facts.

They may also be attempting to defraud you, and they may also be guilty of harassment under the 'Protection from Harassment' Act 1997. Point all this out to them. Demand that they take the case to court where you will countersue. And be sure to watch BBC Watchdog from Thursday 29 March on BBC iPlayer that uncovers the scandal of the DVLA selling unimpeded access to its Data Protected keeper detail records to parking enforcement outfits with criminal convictions. This activity potentially brings in an income of more than £160 million a year, which may well be why our MP have not stopped it.
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