3. Parking Eye - no return within 1 Hour
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Parking Eye - no return within 1 Hour
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Hello

I received letter from parkingeye for returning to car park within one hour

I found this, https://www.ftla.uk/private-parking-tickets/parkingeye-lidl-ilford/

Letter is for the same car park.

We did did not shop at either the Lidl or the Farmfoods so cannot approach either of these stores to request cancellation of the ticket as the OP in the above post did, and as didnt shop there dont have a receipt to supply PE with..


Because of this not sure how to proceed.

Any advice
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Re: Parking Eye - no return within 1 Hour
« Reply #1 on: »
Please post up the PCN covering only personal info.
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Re: Parking Eye - no return within 1 Hour
« Reply #2 on: »
Was it the same driver on both occasions? Parking companies like to pretend that a vehicle can form a contract (it can't), so if it was a different driver you have a slam dunk defence.
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Re: Parking Eye - no return within 1 Hour
« Reply #3 on: »
Quote
if it was a different driver you have a slam dunk defence
Even if it wasn't, I struggle to see how the parking company would prove this.

A minor point to add, County Court judges and 'slam dunk defence' don't often go hand in hand.
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Re: Parking Eye - no return within 1 Hour
« Reply #4 on: »
Just make sure that the truth is used about driver/drivers.
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Re: Parking Eye - no return within 1 Hour
« Reply #5 on: »
Quote from: Dave65 on Yesterday at 10:19:41 am
Just make sure that the truth is used about driver/drivers.

There's no requirement to reveal driver details.

This makes it difficult for the operator to pursue a 'no return' PCN as they have to prove that it was the same driver on each occasion which is obviously very difficult.
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Re: Parking Eye - no return within 1 Hour
« Reply #6 on: »
Quote from: InterCity125 on Yesterday at 10:23:57 am
Quote from: Dave65 on Yesterday at 10:19:41 am
Just make sure that the truth is used about driver/drivers.

There's no requirement to reveal driver details.
I don't think that Dave's post suggests otherwise. There's an important difference between not sharing information you are not obliged to, and being dishonest about the circumstances.
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Re: Parking Eye - no return within 1 Hour
« Reply #7 on: »
However if the PCN is POFA compliant and the 2 different drivers are not named they could go after the keeper. Possibly the one time it is worth naming the drivers if they were actually different?
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Re: Parking Eye - no return within 1 Hour
« Reply #8 on: »
Quote from: ixxy on Yesterday at 11:48:37 am
However if the PCN is POFA compliant and the 2 different drivers are not named they could go after the keeper.
What would they go after the keeper for?
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Re: Parking Eye - no return within 1 Hour
« Reply #9 on: »
Quote from: ixxy on Yesterday at 11:48:37 am
However if the PCN is POFA compliant and the 2 different drivers are not named they could go after the keeper. Possibly the one time it is worth naming the drivers if they were actually different?

It's a valid question.

I'm not sure that the OP has said that it was or wasn't two different drivers.

But yes, they could go after the RK using either PoFA or 'reasonable assumption' but they would still have to prove their case at IAS / POPLA and then at Court if they went that far.

Obviously, when a driver enters a car park it is the driver who forms the contract with the operator - critically no contract is ever formed directly with the RK.

So the operator could use PoFA to move liability to the RK but they would have to prove that the contravention occurred when the SAME driver entered for the second time.

PoFA does not remove the requirement that the operator must prove that the contravention occurred in the first instance - and that is the bit which they would struggle to prove.
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Re: Parking Eye - no return within 1 Hour
« Reply #10 on: »
Quote from: InterCity125 on Yesterday at 12:44:30 pm

PoFA does not remove the requirement that the operator must prove that the contravention occurred in the first instance - and that is the bit which they would struggle to prove.

That's true and they'd almost certainly drop it before it got to a hearing but I doubt they would roll over at first appeal and I doubt POPLA would find in the keepers favour either, the argument is probably too nuanced for most POPLA assessors. So the usual advice stands, appeal, appeal again to POPLA, ignore all the debt collectors letters and then engage with the legal process or if that sounds like too much hassle, pay to make it go away.

Or plan A but in this case from what the OP says that might not be an option and I'm guessing it's not a Lidl car park as it's on a retail park so it'll be the manageing agent that will need contacting.
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Re: Parking Eye - no return within 1 Hour
« Reply #11 on: »
I guess that the OP could write to the Parking Operator and ask the following question;


I am the vehicle keeper and I have received your PCN.

This car is a family vehicle.

Your PCN asks me to nominate a driver - in this instance should I provide the details of the driver who entered the car park on the first occasion or should I provide the details of the driver on the second occasion?
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Re: Parking Eye - no return within 1 Hour
« Reply #13 on: »
Quote from: DrSatan on Yesterday at 08:15:15 am
Was it the same driver on both occasions? Parking companies like to pretend that a vehicle can form a contract (it can't), so if it was a different driver you have a slam dunk defence.

It was the same driver both times. Its hard to tell from the tiny images suppled but if PE have higher resolution images they can see its the same driver

An item was purchased at a shot in Ilford, which discovered was faulty when got home, and rather than wait till next day went back to get it resolved with the shop that day
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Re: Parking Eye - no return within 1 Hour
« Reply #14 on: »
Quote from: InterCity125 on Yesterday at 04:37:25 pm
I guess that the OP could write to the Parking Operator and ask the following question;


I am the vehicle keeper and I have received your PCN.

This car is a family vehicle.

Your PCN asks me to nominate a driver - in this instance should I provide the details of the driver who entered the car park on the first occasion or should I provide the details of the driver on the second occasion?

A lot of people use the car park at the retail park as its the only place where you can park for free for 2 hours and go into Ilford, and this is an instance where did not shop at either the Lidl or the Farm foods at the retail park.

Unfortunately it was the same driver. An item was purchased at a shop in Ilford, was found to be defective when got home, and went back to Ilford to get it resolved instead of waiting until the next day.

We are well aware of the 2hrs free at this retail park, but were not aware of the no return with 1 hr condition.
 
I thought about saying it was two different drivers but if they have better resolution pics of the vehicle entering you can see its the same person, so dont want to risk using that defence.
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