Legal question - Parking Eye Fine

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Sat 4 Jun 2016 15:18
Legal question - Parking Eye Fine - Leothelion

I have just received a £100 fine for a 17 minute overstay on a free carpark, maximum stay 90 minutes. Private land adjacent a superstore. My thoughts are to write to them and claim excessive and unjustifialble amount. Any thoughts ? many thanks.

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Sat 4 Jun 2016 15:34
Legal question - Parking Eye Fine - Falkirk Bairn

It is not a fine - it is an invoice for £83.xx + VAT. Only Police & Local Authorities can fine you.

The invoice needs to show the VAT separately + the company VAT Number - if omitted send it to HMRC

Fairly recent Appeal Court case - £100 was not deemed to be an "unreasonable amount".

Parking Eye is part of Crapita plc & well known in chasing non-payers through courts / bailiiffs etc.

Parking in Scotland Regs are different and different rules apply. i.e. In E&W the car owner has responsibility for the £invoice.

In Scotland the driver's details have to be known and appear on the invoice. The owner cannot be forced to name who was driving the car.

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Sat 4 Jun 2016 16:56
Legal question - Parking Eye Fine - Bromptonaut

Fairly recent Appeal Court case - £100 was not deemed to be an "unreasonable amount".

Parking Eye is part of Crapita plc & well known in chasing non-payers through courts / bailiiffs etc.

Parking in Scotland Regs are different and different rules apply. i.e. In E&W the car owner has responsibility for the £invoice.

In Scotland the driver's details have to be known and appear on the invoice. The owner cannot be forced to name who was driving the car.

Went all the way to the Supreme Court. Car driver lost.

Summary: www.supremecourt.uk/cases/docs/uksc-2013-0280-pres...f

In a few words the Justices (with Lord Toulson dissenting) thought charge, in that case £85 was a reasonable means to acheive end of deterring non shoppers/overstayers. A higher figure might be unreasonable but I'd be surprised if £100 was remotely approached that point.

If OP was shopping in superstore and unreasonably delayed (and can prove it) then miht be worth trying to enlist support of store. If he was on an errand elsewhere forget it now and pay up while discount is still available.

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Sat 4 Jun 2016 20:53
Legal question - Parking Eye Fine - daveyjp
OP needs to visit Pepipoo and Moneysavimgexpert for advice.
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Sat 4 Jun 2016 21:27
Legal question - Parking Eye Fine - Leothelion

Thank you for your help.

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Thu 23 Jun 2016 13:53
Legal question - Parking Eye Fine - Leothelion

Update on this thread. I challenged the proportionality of the charge, it works out at £5.88 per minute. However as the carpark was free for 90 minutes with no mention of set charges for any overstay so therefore impossible to set a charge for something that was free in the first place.

The occupier of the land very quickly cancelled the ticket. There is no doubt Parking Eye makes money by assuming they can frighten people into paying.

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Thu 23 Jun 2016 14:21
Legal question - Parking Eye Fine - FP

I'm a little surprised there was a favourable response to the proportionality challenge, given recent legal precedent.

But well done for getting a cancellation of the original charge.

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Thu 23 Jun 2016 16:32
Legal question - Parking Eye Fine - daveyjp

Going to the principle (i.e. the organisation which has contracted with PE) is generally the quickest and easiest way to get them cancelled.

If they say they can't or won't it doesn't look good if the case goes further.

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Sat 25 Jun 2016 18:17
Legal question - Parking Eye Fine - concrete

Update on this thread. I challenged the proportionality of the charge, it works out at £5.88 per minute. However as the carpark was free for 90 minutes with no mention of set charges for any overstay so therefore impossible to set a charge for something that was free in the first place.

The occupier of the land very quickly cancelled the ticket. There is no doubt Parking Eye makes money by assuming they can frighten people into paying.

This is a great result. Well done to you. Did you contact the retailer who rents the land/premises or did you track down the property company which owns the land? It would be useful to have full details of your procedure for future reference. Cheers Concrete

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