car park fine at tesco - parking eye.

47
LocalFound 27th Feb 2017
Just a quickie.

Received a fine from parking eye for staying for 31 minutes when 30 mins was the maximum time.

The fine was £85.

The signage says the fine will be £70.

Any thoughts?
Community Updates
AskCar
47 Comments
talk to the company and plead mitigating circumstances and you may just get it cancelled?
Don't talk to them at all this is not legal
Avatar
deleted79467
its not a fine its an invoice private companies cannot fine you


try this forum

When dealing with "tickets" from private parking companies (PPCs) our advice is either:

1) Ignore all communications (other than in the extremely unlikely event that you receive genuine court papers - there were only 49 cases going to court last year out of over one million tickets issued); or

2) In England and Wales only, and if the PPC is a member of the British Parking Association's Approved Operator Scheme (BPA AOS), appeal to the PPC using any of the applicable grounds below and then appeal to the independent Parking on Private Land Appeals (POPLA) service (see below for further details). If the appeal is unsuccessful then ignore subsequent correspondence from the PPC.


How Do You Know if Your Ticket is a PPC Ticket or Not?

Legitimate Council tickets will be called a "Penalty Charge Notice" or "Excess Charge Notice" and will have the Council's address on them.
A police ticket will be called a "Fixed Penalty Notice" and have either a police or HM Courts Service address on it.
It's possible for parking tickets at some airports, train stations, ports and other locations to be issued under Byelaws, which would be enforced through the Magistrates Courts. However this is very unusual, and the vast majority of parking tickets that mention Byelaws are actually issued by PPCs relying on contract law. If you receive one of these tickets it's best to start your own thread and post the details, so that you can be sure what kind of ticket you're dealing with.

If it's not called one of the above and it's got a private address on it then the chances are that it's a PPC "ticket". Note that the "tickets" we're talking about here are those that attempt to penalise you for some supposed breach of the parking terms and conditions (often asking for £50 or more), not genuine parking charges that you've agreed to (maybe for something like 60p/hour).


Legal Enforceability of Private Parking Tickets

There is a great deal of doubt about the legal enforceability of private parking invoices that are issued to motorists. Unlike parking tickets issued by local authorities, which are backed by statute, the enforcement of private parking is essentially a matter of contract law. A private parking company needs to overcome many significant legal hurdles in order to be successful, which include:

Establishing that any claim is under the law of contract, rather than the tort of trespass (see case of Excel Parking Services v Alan Matthews, Wrexham County Court, May 2009 where the parking company lost on this ground);
Establishing that the parking company has sufficient interest in the land to bring a claim (see case of VCS v. HM Revenue & Customs, Upper Tax Tribunal, a binding decision at the level of the High Court) in which it was decided that unless the PPC has a proprietary interest in the land they are not able to offer contracts for parking;
Establishing that all of the elements of a contract (offer, acceptance, consideration) are present;
Except in England and Wales, establishing who the driver was on the relevant occasion, as any contract can only be enforced against the driver, who may or may not be the registered keeper of the vehicle;
Establishing the prominence and adequacy of any warning signage, and that the driver actually saw and understood the signage (Waltham Forest v Vine [CCRTF 98/1290/B2]);
Establishing that the amount claimed is not an unlawful “penalty”, including that there was no attempt to “frighten and intimidate” the driver (see well reported case of Excel Parking Services v Hetherington-Jakeman, Mansfield County Court, March 2008 where the parking company lost on this ground), and that charges must be a genuine pre-estimate of loss, or actual damages caused by trespass (see the Department of Transport's guidance on the Protection of Freedoms Act);
Establishing that any contract does not fail foul of the Unfair Contract Terms Act and associated regulations.


Protection of Freedoms Act (England and Wales only)

In England and Wales the Protection of Freedoms Act has introduced some changes that might affect your decision whether to simply ignore a PPC ticket. These changes apply only to parking companies that are also members of the BPA AOS scheme, and are principally:

The PPC may "invite" (not demand, nor require) the RK to provide the details of the driver at the time of the alleged transgression. If the RK doesn't do so, or their invitation is ignored, the PPC is entitled to pursue the RK for whatever charge they are lawfully entitled to from the driver. If the RK does give the name of the driver, the PPC must solely pursue the driver. Therefore as long as the PPC goes through the correct process, relying solely on the argument that "I was not the driver" won't help you. However that is the only change, and if the decision is to ignore then it simply means that the RK ignores rather than the driver.
There is an independent "appeals" process, operated by Parking on Private Land Appeals (POPLA). The grounds on which POPLA will consider an appeal look to be narrow and until the first appeals are heard we don't know the stance it will take. However the appeal costs you nothing and costs the PPC £27+ VAT, so we would recommend that everyone who is so inclined appeals. The best grounds seem to be:
"The parking charge (ticket) exceeds the relevant amount" (if the charge is not valid it should be zero), and;
"I am not liable for the parking charge" (if the charge is an unlawful penalty, or the PPC has no interest in the land to offer a contract, etc there will be no liability)
Even if you lose at POPLA, it's not binding on you and the PPC would still have to go to court if they wanted to pursue their claim. Note that you will have to exhaust the PPC's own so-called "appeals" process before POPLA will consider an appeal to them.

You should be aware that the Protection of Freedoms Act doesn't affect the legal position regarding enforceability of these tickets in any way.


Exceptions to Advice to Ignore PPC Tickets

A PPC will normally obtain the name and address of the vehicle's Registered Keeper from DVLA, and pursue them for their ticket. In some cases where you were the driver but are not the RK, leaving the PPC to pursue the RK might be more hassle or more expensive than providing your details to the PPC, naming yourself as the driver and putting up with the junk mail yourself. For example:

You drive a Company car. Your employers may be unhappy about receiving a stream of claims from the PPC/debt collectors, and it could affect your relationship with them;
You were driving a hire car, and may incur administration charges from the hire company for dealing with the PPC letters;
The RK is a friend or relative who may find it too stressful to receive the threatening PPC letters (particularly since they won't have the same level of understanding as you do now!).

In these circumstances you might wish to write to the PPC telling them that you were the driver, and then carry on ignoring them after that.


Additional Information

This link will take you to a You Tube video of a BBC Watchdog piece on PPCs.

This summary of our recommendations and the background to them addresses the most common situations people describe in the forums. Individual circumstances do of course vary, and the decision what to do is ultimately yours, so if you are in any doubt please start your own thread for further help.

Edited by: "deleted79467" 27th Feb 2017
http://www.thisismoney.co.uk/money/experts/article-2713421/I-got-80-parking-ticket-staying-longer-two-hours-shopping-centre-car-park-I-pay-it.html

I would wait until (ignore) notice before court action, then offer a small cost to cover any losses for your 1 minute overstay. If you had to go to court because you tried to compromise and it is very minor infraction on rules of the civil contract it would in all likelyhood be ruled in your favour. The company would be waisting time and money taking this to court for 1 minute.
Edited by: "izzysmum" 27th Feb 2017
Have a look at Martinlewis for advice and templates to copy.
What you received is an invoice not a fine. As long as it doesn't come from a county council (i.e. Has a crest on the top) you have the right not to pay it.
At the end of the day it's your decision, the chances it going to court is very slim due to the costs involved. If you do decide not to pa, expect a number of letters demanding payment in 30 days the a few debt collector letters. I'm had 6 in total and this was 3 year ago they died down after a month.
http://www.moneysavingexpert.com/reclaim/private-parking-tickets

Also useful
Straight out of the "how to lose customers" handbook.
Your best bet is to complain to the land owner, which is Tesco, tell them to sort it out otherwise you'll take to their social media and warn customers to becareful shopping incase of queues, otherwise their weekly shop isn't as good value as they might think, should do the trick
do not ignore. ask tescos to ring and it will be cancelled. but if you ignore like I did you will end up paying court costs too.
You went over the free time allowance, so you cant exactly complain about it - appreciate its one minute but the line needs to be drawn somewhere and a council parking meter or NCP car park would charge you for staying one minute late.

If everyone got away with it the stores would lose a fortune as people would just park for as long as they liked for free meaning others wouldnt often be able to park and go elsewhere
I had one of these from Freeport I emailed them with a copy of my receipts and they cleared it for me! Try contacting Tesco... crazy as you was only a minute over.... Good Luck
jase.2

You went over the free time allowance, so you cant exactly complain about … You went over the free time allowance, so you cant exactly complain about it - appreciate its one minute but the line needs to be drawn somewhere and a council parking meter or NCP car park would charge you for staying one minute late.If everyone got away with it the stores would lose a fortune as people would just park for as long as they liked for free meaning others wouldnt often be able to park and go elsewhere



​on whose watch u can ask them to prove it that there's was working correctly, stupid idea on mine it shows 29 mins and 59 secs. this is silly the so called fine wouldn't be enforceable even from the council or a police officer if they wrote the wrong amount like they have u think it's reasonable to pay 85 quid for 1 minutes parking u must be a millionaire.The reason I ask for proof that there watch is actually working or not is as they won't have actually had there watches calibrated and it's a nonsense if it's 1 minute.
jase.2

You went over the free time allowance, so you cant exactly complain about … You went over the free time allowance, so you cant exactly complain about it - appreciate its one minute but the line needs to be drawn somewhere and a council parking meter or NCP car park would charge you for staying one minute late.If everyone got away with it the stores would lose a fortune as people would just park for as long as they liked for free meaning others wouldnt often be able to park and go elsewhere



Common sense would tell you there should be a certain amount of grace time surely. You would need to be a bit of a jobsworth to smash a ticket on after a minute.
Tell them to get stuffed.....actually no don't just ignore them, they will threaten allsorts but it is NOT a fine, they are just trying it on, plenty of info on the net about these type of scam artists.
Avatar
deleted79467
st8mike

Tell them to get stuffed.....actually no don't just ignore them, they … Tell them to get stuffed.....actually no don't just ignore them, they will threaten allsorts but it is NOT a fine, they are just trying it on, plenty of info on the net about these type of scam artists.



the best thing is once they give up they are out of pocket as they paid the dvla for your details
can just see a parking company wanting a headline in the newspapers about how they invoiced someone £85 for 1 minute over . I think the headline would write itself



Edited by: "deleted79467" 27th Feb 2017
jase.2

You went over the free time allowance, so you cant exactly complain about … You went over the free time allowance, so you cant exactly complain about it - appreciate its one minute but the line needs to be drawn somewhere and a council parking meter or NCP car park would charge you for staying one minute late.If everyone got away with it the stores would lose a fortune as people would just park for as long as they liked for free meaning others wouldnt often be able to park and go elsewhere



And supposing there was a big queue in/out the car park? A council parking meter allows 5 minutes grace period over the time.

Tell Parking eye to take a running jump off a long cliff. This would almost certainly get thrown out of court as they wouldn't be able to prove their camera system clocks are 100% on time (there could even be a few mins difference between the entry/exit camera time). As i mention as well, a queue would be responsible for sending you over by a minute. (hint: poor car park design complaint)

Too many "yes" people on here who are quick to judge. Had 3 parking fines so far and not paid a single one of them. Too many greedy companies out there these days.
Just re-read your post OP. They want more money than on the sign? That's something else that would win your case on appeal. Parking Eye are the worst of all of them, and they haven't got a leg to stand on here.
One of the fines i had was like yours (just 3 mins over) yet when i logged into my car's onboard tracker - i was parked there 3 mins UNDER time. Showed them my proof and it was dropped. Their camera times were also inaccurate as well bu a few mins.
These are actually legal now . In the past it was a grey area . If you don't pay it they "could" take you to court and win . Whether they will is another matter . As suggested it may be worth while complaining to Tesco (slow checkout or whatever ) .

Most important pay no attention to some of the answers on here based on 5 year old urban myths . Always amuses me that the less some members know about a subject the more they like to post their miscomprehensions on here oO
The law changed slightly quite recently. Now you cannot refuse to tell them who the driver was. However, it is only an excess parking charge. If you don't acknowledge receipt of the demand they will find it hard to pursue. If you want to be sneaky, try taking the letter (or next unopened letter) on a drive, and put it in a pensioners letterbox. They will invariably write on it something like ..'Delivered to *their address* - try delivering to *your address* and post it back to the sender. They only have so long to notify you of these charges. You can drag it out this way ( this works for speeding fines too).
118luke

Just re-read your post OP. They want more money than on the sign? That's … Just re-read your post OP. They want more money than on the sign? That's something else that would win your case on appeal. Parking Eye are the worst of all of them, and they haven't got a leg to stand on here.One of the fines i had was like yours (just 3 mins over) yet when i logged into my car's onboard tracker - i was parked there 3 mins UNDER time. Showed them my proof and it was dropped. Their camera times were also inaccurate as well bu a few mins.


Did they not ask to your tracker's most-recent time calibration certificate?
AndyRoyd

Did they not ask to your tracker's most-recent time calibration … Did they not ask to your tracker's most-recent time calibration certificate?



My cars tracker isnt being used for business purposes. Their cameras are - they need to have theirs calibrated.
I could even have used my dash cam as further proof (i had it ready in case they rejected it)
Besides, my cars not even a year old yet so any calibration will still be in date
They can take you to court so don't listen to folks say its just a threat. But in this case if they took you to court, you can just say you were on your way out, that's not unreasonable as you were. 
But generally they don't bother with the hassle, unless its a case they can win easily.

General advice is
Never get into dialogue with them, just wait until they take you to court, then if its over by minutes, say you came back to a flat tyre , or had to wait for a car to manoeuvre out of your way. They can't prove otherwise, and you made all reasonable attempts to exit on time.
1 minute you say, I'm sure a phone call to their office is worth a shot for 1 minute. Not sure if Tesco can do anything but worth a shot too.
I'd say contact Tescos - the last thing they would want is their name in the local paper for somebody overstaying by 1 min.

I thought even the normal council parking attendants have to give you a grace period of 5 mins (or something like that) nowadays?
I had one in our local morrisons when I didn't realise they'd newly introduced parking eye. went to morrisons with my receipt and they had it cancelled. it's worth your peace of mind to go back in and talk to customer services rather than fretting about it. But like others have said if that fails I'd post on social media about it as no one wants that kind of publicity.
from what I was told with the parking in Tescos is you get a little bit extra if I remember it's about 5 minutes or something like that for loading car up with shopping, queing too exit so that 'fine' is a load rubbish
I had one of these rang up and the lady could not be bothered to follow through with it(her first day) £85 pound in pocket but I parked 4 hours over as work car was shut
where was this 30 mins doesn't seem like a long time to complete your shopping was it an express
I think I will have 1 of these arriving shortly for 40 mins over the free hour period but will have to just suck it up lesson learned, two saints ormskirk the most confusing parking instructions I have ever come across
Edited by: "the.porter" 28th Feb 2017
I have 3 in the past and the best way to avoid this is not to pay it and appeal it. When they receive your appeal they will put a halt to the date the fine needs to be paid avoiding other charges. Make sure you send your appeal using recorded delivery.
Hand yourself in to the COPS
Avatar
deleted79467
punji

I have 3 in the past and the best way to avoid this is not to pay it and … I have 3 in the past and the best way to avoid this is not to pay it and appeal it. When they receive your appeal they will put a halt to the date the fine needs to be paid avoiding other charges. Make sure you send your appeal using recorded delivery.



not a fine its an invoice
mattmerch

not a fine its an invoice




regardless, it still needs to be paid? and it can be appealed.
Avatar
deleted79467
punji

regardless, it still needs to be paid? and it can be appealed.



still not a fine last time i looked private companies do not have the power to fine you
is the timed parking from when you enter the parking area and not when you actually park up.!!!!! time taken to find a parking spot and exit that parking area is more than a minute, so you tell them you actually had parked for less than 30 mins. moving around a car park does not equate to being parked up.
Parking Eye owned by Capita. The same firm who assess the disabled and find them fit and also harass whose who dont watch TV . Just ignore their letters and dont take their threats seriously.
Avatar
deleted443772
I've used loads of Tesco stores parking, staying for varying amounts of time, some short and some long. I've never even thought to check what the limits were on free parking as I assumed they would be the same at all Tesco stores, i.e a couple of hours free parking for their customers.

Isn't 30 minutes a very short free parking period? Even a fairly small shop could go over that, once you have found everything, queued and paid, loaded it into the car, returned your trolley etc.

Does Tesco only want small spenders doing a quick shop?
DO NOT IGNORE ! Parking eye now take people to court and are a member of bpa , You was not parked you was driving out in that minute its invalid also if the sign says £70 and you are asked for £85 that's also invalid. Did it come within 14 days if not it's invalid.

Edited by: "waterloo" 6th Mar 2017
Post a comment
Avatar
@
    Text

    Top Discussions

    Top Merchants