Parking Eye are refusing my part-payment and have photographic evidence of me overstaying in a car park - do I need to respond?
I have had a parking charge notice from Parking Eye concerning an overstay at the Aldi branch at Brownhills. The letter I wrote on 12 November is outlined here:
“I am writing with reference to the above parking charge notice which indicates that I was 11 minutes 34 seconds late returning to my car on 30 October 2010. Whilst I recognise this minor breach of contract with ParkingEye, I would like to inform you that I am over 80 and am currently waiting for a hip replacement in the next couple of months. I find it difficult sometimes to gauge how long it is going to take me to complete an expedition and walk back to my car. This was the case on this particular occasion and I misjudged the timing by a few minutes. I would like to think that you might be able to take this explanation into account.
"I would like to stress that this parking system is very difficult for the public to work with in a shopping area. Surely it would be better to have a metered car park with a barrier so that late returning customers can pay for their real parking time? I think that the customers of the retail outlets near this car park may prefer to take their business elsewhere if this system is maintained, as I myself feel now. I enclose a cheque for ten pounds as adequate compensation for this minor breach of contract (11 minutes 34 seconds). If you wish to take it further I invite you to proceed through the small claims track of the County Court."
They have now sent a letter dated 12 November along with photographs with times on a caption showing entry and leaving times. I am concerned that since they now mention photographic evidence there may be a need to respond to this, not just to ignore it.
“I am writing with reference to the above parking charge notice which indicates that I was 11 minutes 34 seconds late returning to my car on 30 October 2010. Whilst I recognise this minor breach of contract with ParkingEye, I would like to inform you that I am over 80 and am currently waiting for a hip replacement in the next couple of months. I find it difficult sometimes to gauge how long it is going to take me to complete an expedition and walk back to my car. This was the case on this particular occasion and I misjudged the timing by a few minutes. I would like to think that you might be able to take this explanation into account.
"I would like to stress that this parking system is very difficult for the public to work with in a shopping area. Surely it would be better to have a metered car park with a barrier so that late returning customers can pay for their real parking time? I think that the customers of the retail outlets near this car park may prefer to take their business elsewhere if this system is maintained, as I myself feel now. I enclose a cheque for ten pounds as adequate compensation for this minor breach of contract (11 minutes 34 seconds). If you wish to take it further I invite you to proceed through the small claims track of the County Court."
They have now sent a letter dated 12 November along with photographs with times on a caption showing entry and leaving times. I am concerned that since they now mention photographic evidence there may be a need to respond to this, not just to ignore it.
Asked on 13 November 2010 by PD, via email
Answered by
Honest John
No, our advice is the same. All you have committed is a minor breach of contract and you has already offered "reasonable" restitution. You should now state this, tell parking Eye that if it wishes to take the matter further it is legally oblige to pursue the matter via your local county court where you will defend yourself and if Parking Eye harasses you with any further intimidating letters you will report them to the police for using threatening behaviour contrary to the Protection from Harassment Act 1997.
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