ParkingEye at Durham Odeon, Unfair charges when tariff is meant to be significantly reduced anyway |
ParkingEye at Durham Odeon, Unfair charges when tariff is meant to be significantly reduced anyway |
Thu, 22 Aug 2019 - 13:13
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#1
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New Member Group: Members Posts: 5 Joined: 26 Oct 2016 Member No.: 88,015 |
ParkingEye have sent me an extortionate fine through the post for parking at the cinema. Obviously attempted to appeal via their appeals process, (no surpsises it was rejected), and now am at a POPLA appeal stage. I've attached a photograph of the signage in the car park.
I drove into the car park just after 6pm and left a little before 10.45pm. The tariff states that overnight parking, 12 hrs from 6pm to 6am, costs £1.50 so the maximum charge should be that. I paid £1.50 at the cinema because they say in the Foyer you can pay for parking and even the Odeon staff stated that it after 6pm I could park there all night. So I paid the parking in the Cinema. Now, I can see that the signage says that Odeon customers can get 4hrs parking for £1.50 but this is really for people visiting during peak hours when the tariff is much higher. ParkingEye are claiming that regardless of it only costing £1.50 to park all night after 6pm, I am bound by the sign that says I only get 4 hours as an Odeon customer. It makes literally no sense to say that the 'offer' for customers can be turned into something punitive. I've paid £1.50 to ParkingEye and now they're trying to catch me on what they believe to be a legal technicality. ParkingEye's response to the POPLA appeal is as follows: QUOTE This site is a Paid Parking car park with day tariffs (Mon-Sun 6am-6pm) & overnight tariffs (Mon-Sun 6pm-6am). Odeon customers must enter their full, correct vehicle registration into the terminal at the front desk on arrival & pay £1.50 to obtain a permit for 4-hours parking – tariffs apply thereafter, as clearly stated on the signage (enclosed). We have included a signage plan showing that there are signs situated at the entrance, exit and throughout the car park displaying the terms and conditions of the site. The facility to pay via Good2go is also available at this site on the provision of the full, correct vehicle registration and payment card details. Please be advised, the signage clearly states; ‘Odeon customers must enter their full, correct vehicle registration into the terminal at the front desk on arrival & pay £1.50 to obtain a permit for 4-hours parking – tariffs apply thereafter. Therefore, the motorist hasn’t complied with the signage. However my understanding is that in this event, legally, they cannot charge me more money because I've paid in the Cinema than what is payable at the machine. The offer can't be twisted on its head like that. It's a special for Odeon customers but they can't charge me more as a cinema patron if parking is cheaper. I'm hoping someone with far more experience or knowledge can help me fiture this out. I have to submit this POPLA appeal in 7 days. I will also add that if push come to shove, i'd happily go to court for it. Any help is appreciated. This post has been edited by illustrious: Thu, 22 Aug 2019 - 13:15 |
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Thu, 22 Aug 2019 - 13:13
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Thu, 22 Aug 2019 - 13:46
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#2
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
The Consumer Rights Act 2015 says that, when a contract term has more than one possible meaning, the interpretation most favourable to the consumer applies
I interpret that sign the same as you: The daytime charge to park for four hours is £3-00 but Odeon customers can have a 50% discount if they provide their registration numbers After 6 anyone can park for 12 hours for £1-50 The must is the instruction to apply for the permit, not a specific parking condition that applies to Odeon customers What I don't understand is how ParkingEye knew that you were an Odeon customer before it issued the Notice This post has been edited by Redivi: Thu, 22 Aug 2019 - 13:53 |
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Thu, 22 Aug 2019 - 14:06
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#3
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New Member Group: Members Posts: 5 Joined: 26 Oct 2016 Member No.: 88,015 |
The Consumer Rights Act 2015 says that, when a contract term has more than one possible meaning, the interpretation most favourable to the consumer applies I interpret that sign the same as you: The daytime charge to park for four hours is £3-00 but Odeon customers can have a 50% discount if they provide their registration numbers After 6 anyone can park for 12 hours for £1-50 The must is the instruction to apply for the permit, not a specific parking condition that applies to Odeon customers What I don't understand is how ParkingEye knew that you were an Odeon customer before it issued the Notice The swines are trying to hedge their bets. The initial letter from them stated I hadn't paid for parking at all. The insinuation was that I'd parked for just under 5 hours and not paid a penny to them. When I complained to them as part of their appeals process, I made it clear I had paid in the cinema for parking and that amount was equal to the cost of parking all night. I've also asked in the POPLA appeal i started to confirm I paid £1.50 in the cinema because all their previous letters insinuated I hadn't paid anything. They now admit I paid but are saying I only paid for 4 hours parking and that after 4 hours I would have to pay more and it would revert to the tariff. Which is strange because the tariff says it's £1.50 for 12 hrs overnight parking. They're just chancing scum. I didn't realise the consumer rights act would be applicable in this instance but I did know that there was some legislation/law that says I can't be made to pay more or be bound by different covenants. That the best option would have to apply to everyone. Thanks! This post has been edited by illustrious: Thu, 22 Aug 2019 - 14:26 |
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Thu, 22 Aug 2019 - 14:23
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#4
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
CRA. Not CCA> Utterly different.
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Thu, 22 Aug 2019 - 14:26
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#5
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New Member Group: Members Posts: 5 Joined: 26 Oct 2016 Member No.: 88,015 |
Sorry yes, been talking a lot about that issue with someone else today. Simple mix-up.
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Thu, 22 Aug 2019 - 14:53
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#6
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Thu, 22 Aug 2019 - 14:56
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#7
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New Member Group: Members Posts: 5 Joined: 26 Oct 2016 Member No.: 88,015 |
They probably will.
I am however prepared to go to court about it. I'm not being fleeced like this. |
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