Free Traffic Legal Advice

Parking Eye - Parking Charge Notice - Paid using YourParkingSpace.com

Apologies if I miss anything, first post.

Person A attended a graduation at the University of East London and parked here using yourparkingspace.com

When person A purchased the parking through this site, it was advertised as they would notify the owner and they can park instantly, which is what person A did. They attended the graduation and a few days letter got a parking charge notice, which has been attached below. Person A complained to YourParkingSpace, and they have dismissed it saying they sent an email with insutructions, which you had to scroll in the email to find on a phone and Person A did not see. These instructions included: attending the Hotel and registering person A's vehicle on a iPad.

They have refunded Person A's parking charge which was about £8 noting this can help pay for the PCN, which person A finds absurd.

It was misleading advertising, which have also attached.

Can anyone help person A? (some links have been included, if image does not show)




Parking Eye Parking Charge Notice





YourParkingSpace advertising





YourParkingSpace Booking

https://ibb.co/L9QyD6N



YourParkingSpace Reponses

https://ibb.co/fp3vqSW
https://ibb.co/44r7pVh



YourParkingSpace - Cancelled

Were you a patron of the hotel? If so, have you tried asking them if they can get the PCN cancelled? It is likely that the hotel contracted PE to operate the car park.

AS above, you need to be very careful when you talk about this, especially in any communications with the respective parties. There is no such thing as the vehicle "owner" when dealing with contractual issues. How do you prove who the vehicle "owner" is?

All you need to understand is whether you, the Keeper who has received the Notice to Keeper (NtK)  have identified the driver, who is unknown to PE unless you, the Keeper, identifies that person, irrespective of whether it is the Keeper or not. There is no legal obligation on the Keeper to identify the driver to an unregulated private parking company and no inference or assumptions can be drawn or made by PE that the Keeper must also be the driver. "Owner" does not come into it.

The driver is liable for any alleged breach of contract with PE. If the driver remains unknown to PE, they can only transfer liability from the drover to you, the Keeper, if they fully comply with all the requirements of PoFA. They haven't, but will never admit it.

Any appeal is likely to be rejected by PE but you may have a chance with POPLA. You can only appeal to POPLA if the initial appeal is rejected and they provide you with the necessary POPLA code.

Aside from the contractual issue of the fact that parking was paid for in good faith through 'YourParkingSpace', and other contractual issues that will be evident when you tell us whether the signs at the location mentioned any requirement to input the VRM into a terminal, this is likely going to go all the way to a small claims track hearing in the county court if PE do not eventually discontinue.

For now, please try and get some photos or confirm what the signage says or does not say on site about requiring to use the terminal in the hotel. Also, please expand on exactly what YourParkingSpace wrote when they said "here is your £8 fee refunded to help towards the cost of the PCN"? Anything you did over the phone is worth about as much as the paper it is not written on.

Thank you for that info. From now on, please refer to only the "driver" or the "keeper" rather than "person A". "Person A" may be the driver or the "Keeper" or both. However, there is no legal obligation on the Keeper to identify the driver to an unregulated parking company.

So, if you are the Keeper who has received the PCN (NtK), you are not obliged to identify the driver. However, you should refer to the person who drove the car and parked there as the driver. It matters not who paid for the parking. If you, the Keeper paid for the parking, so what? It is the driver who is liable for the alleged breach of contractual terms.

There are possibly five different parties in this case and we don't know all the contractual relationships between them.

1. YourParkingSpace
2. ParkingEye
3. The hotel
4. The driver
5. The landowner or their agent (if the hotel didn't contract PE).

As far as YourParkingSpace and the Hotel:

YourParkingSpace likely has an arrangement with the hotel, allowing drivers who book parking via their platform to park at the location. This includes the need to use the hotel terminal to enter the vehicle's VRM for authorisation of parking.

YourParkingSpace, through its booking service, acts as a middleman, enabling drivers to park at the hotel but not involving ParkingEye directly in that process.

ParkingEye and Hotel:

ParkingEye manages the enforcement side of the parking for the hotel, monitoring compliance with parking rules through ANPR and issuing PCNs where it detects violations.

ParkingEye’s involvement is independent of any booking arrangement between YourParkingSpace and the hotel. PE’s role is limited to enforcing the terms of parking as displayed on their signage.

We need to know who is PE an agent of, the Hotel or, possibly the landowner/managing agent of who the Hotel is merely a tenant.

I think the first point to establish is the fact that YourParkingSpace may have some liability, at least under the Consumer Rights Act 2015 (CRA). The second point is that, irrespective of the fact that payment was made through YourParkingSpace to park at the location, PE will not care because, as far as they are concerned. they had a contract with the driver and their terms of parking were breached and they are seeking their contractual right to recover that charge from the driver or the Keeper.

Whilst the issue between the Keeper and YourParkingSpace is not constrained by time, the PE PCN is. An appeal to PE will have to be made before their deadline. Even if it means throwing in a generic appeal to begin with, just to get the POPLA code, that will then give another 28 or possibly a few more days to get a POPLA appeal together.

I feel that the complexity of this case may mean that it will end up being decided by a judge.

Does anyone else have a different view?

To help us establish this, it would be useful to look to the YourParkingSpace terms and conditions: https://www.yourparkingspace.co.uk/company/parking-contract

This suggests that a contract is formed at the time of booking between the owner of the space and the person booking. I wonder here if an argument could reasonably be made that the driver had a contract to park, between him and the owner of the space, and therefore primacy of contract applies? If he already has a contract to park, can he be deemed to have entered a separate contract to park with ParkingEye?

Until we know who "owns" the space, it is impossible to progress. Does the hotel own the space? Does another entity own the space and the Hotel I a tenant? Whoever owns the space, or their agent, has contracted PE to manage it. ParkingEye will likely have no contractual relationship with YourParkingSpace, that is for sure.

How can I ascertain who owns this space?

If there is nothing in any of the paperwork/communications received from YourParkingSpace, you'll need to do some Google detective work to see what you can find. Land Registry will give you the information but there is a small charge for that.

Thank you everyone.

I appealed on the last day to parking eye, raising concerns you all have highlighted and asking who the land owner is etc whilst also providing proof I had paid for the parking where Hilton have authorised YourParkingSpace to sell the parking facilities. I have included the outcome below.



https://ibb.co/RQYg0c1