My wife has just recieved a parking fine from "PARKING EYE" of £90 for being 21 minutes over her alloted time, £60 charge if she pays before the 25/06/2012, could you please say if this is legally enforcable or should she ignore it as it seems that they have a bad reputation according to the consumer forum and most advise is to JUST IGNORE THEM.Looking forward to hearing from you.RegardsDavid Pope
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Has she admitted to being the driver at the time please?
Thanks. Providing she has not admitted to being the driver you can safely ignore the ticket and any request to name the driver regardless of whether you were the driver or not. They need to be able to prove who the driver was at the time of the incident.
Parking fines in private car parks are based on contract and there is no requirement in law for you as a driver to disclose the identity of the driver. Without this admission the parking company cannot take any further action as they need to have somebody to actually sue - namely the driver for breach of contract.
If she refuses to identify the driver, that's where the matter ends notwithstanding that they will no doubt send you a number of increasingly threatening reminders including potentially empty threats that they will obtain a Norwich Pharmacal Order to order you to disclose the identity of the driver which seems to be a new favourite of theirs or a threat that they will obtain an order for disclosure which the court is very unlikely to grant as it is a small claims court action and courts are not ready to grant such orders in such matters as a rule. Eventually though they will give up as they know the above just as well as you now do.
The position is different the Council issued and police issued parking fines which can be enforced through the courts but unless you identify the driver for a parking fine issued in a private car park, then in practical terms, the ticket is unenforceable
Is there anything further I can help you with?
Is there anything above I cna clarify for you any further?
although my wife was driving as she freely admits the picture on the letter does not show the drivers face so can they use this as any form of proof?
These images will not usually capture faces.
Even if they were successful in obtaining an order for disclosure and / or were successful in suing you which is highly unlikely as above, they could still only recover their reasonable losses which should be very minor as any overstay of parking or parking without a ticket has not really cost them any real economic loss. We would be talking a few pounds at best. In practice; for the above reasons, these companies do not actually pursue these matters in court but rely on scare tactics to try to persuade a reasonable percentage of people to pay up voluntarily which is essentially their business model.
Can I clarify anything else above for you?
thank you we have decided NOT to pay/contact them.
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