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Subject Topic: Parking Eye...again
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15/6/2012 at 3:20pm
 Location: Keswick
 Outfit: Bailey
View cwdc56768's Profile View Profile   Reply to cwdc56768 Reply   Quote cwdc56768 Quote  
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Well, within two days of my email sending them the original ticket they have withdrawn the "charge". Credit where it due, they took two days to respond. You often hear cases of folk being required to pay £60 charge in 13 days and they "allegedly" reply after 14 days by which time their "charge" is about £120. Not in this case.

Pays to hang to your ticket........just remember that little tip

Phil



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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


15/6/2012 at 3:39pm
 Location:  Wales
 Outfit:  Volvo XC60 R Design
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Did they offer an explanation as to why you were alleged to have not paid or overstayed? If you have the ticket, they should have a record of it. Isn't that fraud?

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73 going on 25
Beauty is in the eye of the beerholder



15/6/2012 at 4:26pm
 Location: Keswick
 Outfit: Bailey
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Could be madasaman. Under statute there is a two stage test to show fraud. The first is whether a defendant’s behaviour would be regarded as dishonest by the ordinary standards of reasonable and honest people. If the answer is "yes" then the second question is whether the defendant was aware that his conduct was dishonest and would be regarded as dishonest by reasonable and honest people.

Under automatic number plate recognition systems linked to ticket machines the usual practice is that the photo of you entering the car park is automatically relayed to HQ via the internet. Your reg number is recorded. When you buy a ticket and put in your registration that is also automatically relayed to HQ. When you leave the photo is relayed to HQ. The ANPR system automatically matches up the pitcure of the number with what you tap into the machine and that tells HQ that you have a ticket for the required length of time you are in the car park. When it works, if they ignore the evidence then it is fraud, IMO.

If the machine has a clitch and does not record you buying a ticket or the data you have input, or fails to relay the information to HQ, then it will appear at HQ that you have breached their terms. Question then is, if there is an apparent problem do they check their systems or just carry on and demand money without caring whether the claim is right or wrong. That may be a fraud. We are dealing with computers and internet and we all know what they can be like. Hence HANG ON TO YOUR TICKET. The evidence you have can possibly be different to what they have.

I take the view that they were wrong, not bothered why, job sorted, move on, rather than take them to task....more important things to do like go off in the van tomorrow and wander up some fell and sample some local brew.

An important point to consider - they have six years to sue the driver and you have to wait that length of time to be certain that they are not going to. When you are in the right don't just ignore them, let them know and get it sorted so you are not kept hanging around wondering what may happen.

Don't forget that the law is changing  on these cases and that from November they can sue the keeper of the car (if parking rules are broken) even if he or she was not the person who drove it into the car park and parked it there. So ignoring their missives thinking that they will go away is going to change. Too much of a financial incentive on their part to sue folk.

Phil



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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


15/6/2012 at 6:10pm
 Location:  Wales
 Outfit:  Volvo XC60 R Design
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All parking tickets into a file for six years for me then not sure how the clutter conscious other half will take to that, she is flat out shredding now

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73 going on 25
Beauty is in the eye of the beerholder



15/6/2012 at 6:13pm
 Location:  Wales
 Outfit:  Volvo XC60 R Design
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Edited
Ooops double post first time for that. must pay more attention

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73 going on 25
Beauty is in the eye of the beerholder



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15/6/2012 at 6:52pm
 Location: Keswick
 Outfit: Bailey
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If it helps madasaman, Council car park tickets need only be kept for six months!!!

Phil



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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


16/6/2012 at 5:23pm
 Location: Yorkshire
 Outfit: Nissan D21 pickup dismountable body
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As you may know Private Parking Companies often approach a car park owner and convince them that they have a problem and offer to "police" the car park at no cost to the owner.

As they are not paid by the owner, they have to make their money somehow, and of course this leads to them sending out "invoices" (Note: Not fines) to innocent motorists for heinous transgressions such as, parking with a wheel touching the white line bay marker or some ridiculous rule they have thought up just to try and relieve you of your hard earned.

The following is important because it appears to blast a great hole in the PPC business model.

Recently, Excel/VSC went to court, something to do with VAT liabilities.

A superior court of record basically ruled that their notices and invoices are a load of rubbish unless they have some ownership of the land.

[[Sorry, link not working. I'll try and find it again]]

Probably a bit dull but read the 6 points below

The appeal tribunal held:

1. VCS did not have any right to occupy land or to pursue any action in trespass (which is what VCS had claimed they were doing).

2. Such payments they received by way of "Parking Charge Notices" were not therefore a payment by way of damages and were not therefore exempt from VAT.

3. That on the basis of their standard agreement with landowners there could have been no contract formed between VCS and the motorist because its limited rights to access to the land did not extend to being able to offer the right to park.

4. The signs used by VCS cannot have effect because they have no right in law to make any offer to park in the first instance.

5. Any contract to park could only be formed between the landowner and the motorist

6. Any parking charges collected by VCS would therefore be, in effective, damages in breach of contract or trespass but because they were retained by VCS they constituted a standard-rated consideration and VAT was therefore payable against them.





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mart & chris


17/6/2012 at 11:44am
 Location: Keswick
 Outfit: Bailey
View cwdc56768's Profile View Profile   Reply to cwdc56768 Reply   Quote cwdc56768 Quote  
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In the case of Parking Eye they tend to take a lease of the land and so do have sufficient a legal interest to create the "contract" to park.

However, in the Lake District, as I understand it, they have a management agreement with the Park Authority and which is not a lease. Well that is what the Park Authority say on the net - that Parking Eye merely enforce the Lake District National Park Authority orders. Or so it seems. However, they do not make any claim on their "Parking Charge" notices to any off street parking regulation orders and which they should do if they are actually just managing the site for the LDNPA.

There is an anomoly here, which, require clarification by the LDNPA. Perhaps where there is fraud then the LDNPA is equally guilty of that fraud if Parking Eye are legally operating under one kind of scenario but in practice actually operating in a different manner to which the LDNPA turns a blind eye or simply does not understand the nature of the legal arrangement they have with Parking Eye.



Phil

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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    



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