Author Topic: Parking Eye - fined me for going to 'wrong' machine  (Read 1409 times)

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Parking Eye - fined me for going to 'wrong' machine
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Hello

I went shopping in Kendal in July, tried to park in Booth's car park but it was full so drove out and immediately left into Wainwright's Yard car park, hadn't parked in there before. I went to buy a ticket and at the entrance to the car park there were people queuing at a ticket machine with a yellow sign above with Pay Here written on it. Got a ticket with Wainwright's Yard written on it. Did my shopping and returned within the allocated time. A couple of weeks later I got a PCN from Parking Eye saying I had parked in Wainwright's Yard without a valid ticket. The ticket was still in the car so I sent them a photo of it by way of appeal, thinking they would just say 'oh sorry our mistake' but they refused my appeal saying I had used the wrong machine. So I did the POPLA thing, and Parking Eye sent their evidence, showing an Evology machine and some signs supposedly in the car park I used, which have been there since May this year.

Sorry this is a long story - I contacted the company that owns the Wainwright's Yard area and they said 'we don't own the car parks, they are owned by Booth's and the council'. I contacted the council and they said that yes they owned some of the outer car park but not all of it, and that I had bought my ticket from the council owned machine. They did not know who owned the area of car park i had parked in. I emailed Booths and they replied that they owned some of the car park but not the bit I had parked in.

So today - I went to Booths and spoke to the manager - he said they are getting 3 - 4 emails a week about the same issue and that he thought the area of car park was owned by Westmoreland Gazette but not certain.

I photographed the ticket machines and tried to work out which ones serve which areas of the car park. There is an Evology machine outside the exit of the Booth's area of car park which says Pay on exit, and looks like you should pay there before leaving Booths. Wrong. The Booths Evology machine is not visible from outside, and is tucked away just inside the car park, under cover. The council machine is at the entrance to the car park I parked in so looks like that is where you get the ticket for that area. Wrong again. It serves the area in front of it, which is the council owned parking spaces. So the Evology machine outside the Booths exit actually serves the area of car park at the rear outside that I parked in. I took lots of photos that show how bizarre it is, and spoke to several confused people. Also, I'm relatively small and the signs weren't legible as they were too high for me to read all the small print.

I've already done an appeal with POPLA which is in process and also written to Trading Standards as this looks like deliberate confusion to make lots of money from fines. What else can I do?

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Re: Parking Eye - fined me for going to 'wrong' machine
« Reply #1 on: »
Just remember you’ve not been fined, you’ve been sent an invoice which can be enforced under civil contract law only.

We say this repeatedly because when you understand the legal basis you can defend their claims.

If I send you a similar invoice for payment when I mowed your neighbour’s lawn, would you then pay me? If yes, please send me your details.

If they say you entered into a contract but the signs were unclear and confusing, then you didn’t and their invoice will not stand up.

What else? Read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and show us.
« Last Edit: September 06, 2025, 07:22:13 pm by jfollows »

Re: Parking Eye - fined me for going to 'wrong' machine
« Reply #2 on: »
When your POPLA appeal is rejected, their decision is not binding on you and you do not have to pay ParkingEye. You can safely ignore all subsequent useless debt recovery letters. Debt collectors are powerless to do anything except to try and persuade the low hanging fruit on the gullible tree to pay up out of ignorance and fear.

Whilst it is likely to go to a county court claim, they will issue odds of this ever getting as far as a hearing are very slim. Even if it did, your explanation of the confusion and the fact that Booths have said they receive many complaints over this is very likely to persuade a judge that no debt is owed due to poor signage.

As this is a local issue, get your local media interested in it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parking Eye - fined me for going to 'wrong' machine
« Reply #3 on: »
Thank you both, I wish I had realised this website existed before I sent my appeal.

Here's a photo from today showing all three ticket machines, all serving different areas of Wainwright's Yard car parks but all in a very confusing way! I think I managed to upload it to Imgur, got slightly waylaid by the footage of someone peeling a pineapple.

https://imgur.com/a/0IOJC9W

'As this is a local issue, get your local media interested in it.'  - indeed I will contact them on Monday - firstly to ask them if they own the area of car park that I parked in, as according to the Booths guy, they likely do.

I'm prepared to go with this, so will be doing lots of reading on here and educating myself :-)

Re: Parking Eye - fined me for going to 'wrong' machine
« Reply #4 on: »
Hi, did you happen to get anywhere with appealing? We've just got a fine for the exact same reason so I've been googling and seeing it's a common situation!

Re: Parking Eye - fined me for going to 'wrong' machine
« Reply #5 on: »
Hi bananaboop

Did you get the PCN for the same car park? Popla rejected my appeal. I've also noticed that there are threads about the same place/issue on Facebook, Parking Eye must be raking it in. I also noticed some people saying that they appealed to Parking Eye and were offered a reduced charge of £20.

I contacted the owners of the car park who offered support and were told by Parking Eye that it has been 'sorted', but the only thing I received from Parking Eye was a further demand for money.

I went and photographed the three ticket machines which are all in relatively close proximity, with the only obvious one in the outer car park being the one with the big yellow pay here sign on it.

Re: Parking Eye - fined me for going to 'wrong' machine
« Reply #6 on: »
So, you can safely ignore all the debt recovery letters that will come your way. Debt collectors are powerless to do anything except to try and intimidate the low-hanging fruit on the gullible tree into lying out of ignorance and fear.

Come back when you receive a Letter of Claim (LoC).
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain