3. Parkingeye - overstaying in car park
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Parkingeye - overstaying in car park
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Hi all,

As the registered keeper of a vehicle that overstayed in a Costa Coffee car park recently, I have been sent a Notice To Keeper from Parkingeye.

I understand that many of these companies like Parkingeye do not fully comply with the legislation required to pursue the registered keeper for payment, but I'm not sure if they have or not on this occasion.

Can someone have a look at the attached letter from Parkingeye and advise me on my best course of action please?

Also, in my letter, it can be seen that Parkingeye provided an image of the vehicle on exit, but the image is so poor, the registration number of the vehicle cannot be made out (since I needed to redact the registration number, this can't be seen from the photo I attached).   I don't know of this makes a difference to my case?   The photograph of the vehicle's registration number on entry is clear.

Any help / advice would be very much appreciated.   Please tell me if I need to provide any more details.

Thank you in advance

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Re: Parkingeye - overstaying in car park
« Reply #1 on: »
Have you tried to go back to Costa and speak to the manager and ask to cancel as a customer?
Do you have any receipts for a purchase?
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Re: Parkingeye - overstaying in car park
« Reply #2 on: »
Quote from: lateman on Yesterday at 01:10:05 pm
I understand that many of these companies like Parkingeye do not fully comply with the legislation required to pursue the registered keeper for payment, but I'm not sure if they have or not on this occasion.
I wouldn't believe everything you read on the internet. There is a school of thought that unless the wording on the NTK conforms to a very specific interpretation of the POFA legislation it isnt enforceable. If that was enough to make the PCN unenforceable I can't understand why they don't just change it. The reality is challenging a PCN on that basis isn't going to win a first stage appeal and is unlikely to win a second stage appeal either. It might be arguable in court but we've not seen a claim based on that defence being rejected by a court.

Next course of action is as per Dave65 advice (and learn to check signs in car parks). Beyond that you can appeal, it'll probably get dropped before a court hearing but that's a long way off.
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Re: Parkingeye - overstaying in car park
« Reply #3 on: »
re: dave65's reply

I will be visiting Costa to see if they can do anything, but judging by some other people's experiences, i doubt they'll be able to help.   But worth a try.. Thank you =)


re ixxy's reply:

My understanding that some of these companies' non-compliance of the legislation required is accurate.
Indeed, I received a similar NTK from Smart Parking about a year ago, and a couple of the moderators from this site informed me of this non-compliance, had a look at my NTK, and it turned out that they hadn't fully complied, and they helped me write a letter informing them that they hadn't complied, that I was under no obligation to identify the driver, that I was not going to identify the driver, and that they now needed to immediately confirm that the matter was closed, which they did.    And that was the end of that.

I have looked at the PoFA legislation, and it seems to me that they have complied with everything needed to pursue me, the registered keeper, but I'm no expert, so I was hoping that someone with more expertise / knowledge / experience can have a look, and advise me if this is the case here or not.

But thank you for your input =)
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Re: Parkingeye - overstaying in car park
« Reply #4 on: »
Ok that makes more sense, SMART did previously issue POFA non compliant PCNs, either by not referencing POFA or by issuing them too late. Parkingeye PCNs are usually compliant, although some people have convinced themselves they are not due to a very narrow interpretation of the POFA wording, they might even be right, but it's not a helpful defence when better avenues are available.
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Re: Parkingeye - overstaying in car park
« Reply #5 on: »
Hello there,
I've just joined this forum, and sorry to do this, I've posted here not becasue I have something to say about this topic but because I can see how I could reply to a post, but I cannot see how to start a new post which is what I would like to do (I have joined because I would like some advice on 2 penalties I have been given). So I know I must be being simple but can anyone help! How do i post my issue on this forum?!!!
Again sorry....
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Re: Parkingeye - overstaying in car park
« Reply #6 on: »
Top right plus, new topic
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