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Parking Eye Luton Airport
Lobatron
post Tue, 15 Jan 2019 - 16:56
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The driver parked at the Holiday Inn Car Park at Luton Airport waiting for a delayed flight to arrive. There was no indication on entry of the charges of the car park etc.
The driver parked there and went to the café of the airport to wait for the flight to arrive. Lo and behold a couple of weeks later the keeper received a parking fine by Parking Eye for £100 reduced to £60 if paid
by the 10th Jan.

Should this be challenged?

This post has been edited by Lobatron: Wed, 16 Jan 2019 - 13:49
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post Tue, 15 Jan 2019 - 16:56
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Lobatron
post Thu, 17 Jan 2019 - 13:28
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Following a bit of probing and advice on this thread, I have come up with the following complaint letter to be sent to Holiday Inn.


Letter to Holiday Inn Customer Services

Dear Sir/Madam,

I am the keeper of the vehicle……….. and have received an unsolicited invoice (ref number:…………..) by your associates, Parking Eye for an alleged offence that involved my vehicle being parked
at the Holiday Inn – Luton Airport car park.

Can I firstly point out to you that the location of your park cark at the Holiday Inn, Luton Airport is governed by local by-laws which stipulate that only the named driver can be prosecuted for any
proven driving contraventions. To that end, the driver of the vehicle will remain anonymous.

May I draw your attention to the British Parking Association's (of which ParkingEye is a member) Code of Practice:

18.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site,
so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in
intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.

This means that from ANY parking space, there must be a sign visible with the parking terms. Therefore it follows:
(a) that ParkingEye are in breach of the Code of Practice, which I am sure is a condition of them operating in your car park and
(b) no contract can have been entered into by a driver parking in those spaces.

Since my car was allegedly parked in one of those spaces, the conditions outlined above apply. This is a very common practice by ParkingEye, to set up deliberate "entrapment zones" like these.
Furthermore, following an investigation on the signage of the car park, I understand that the terms and conditions are NOT clearly "easy to see, read and understand". When a sign can be found,
they are in very small font on signs which are at least 7 feet up a pole. Any signage inside the hotel itself is entirely irrelevant when it comes to compliance with the Code of Practice, even if it is seen.
None of those signs show any kind of conditions of parking, so do not form any kind of contract or form a license to park.

Because ParkingEye are in breach of British Parking Association's Code of Practice, it also probably makes them in breach of your contract with them (which I presume insists on compliance). But it
also makes them in breach of the KADOE agreement with the DVLA by which they obtain the keeper details of vehicles. Their obtaining my details from the DVLA is thus a breach of the Data Protection
Act (GDPR). As the contracting party, this makes you jointly liable for the GDPR breach which carries a fine of up to 4% of turnover or 20M Euros - whichever is greater.

In addition, such signage including ANPR pole-mounted cameras require planning permission or advertising consent, both of which are not present, making the scheme not just unlawful, but illegal.

I also contend that the car park has probably not been reassessed for business rates, yet someone is now operating a profit-making business on it. Does your manager know about the illegal system
being operated?

Apart from the negative effect that such a parking scheme has on the reputation of your hotel which is only going to further discourage potential customers after I post a complaint on Trip Advisor
regarding your facility, you are also on legally very unsound ground.

Therefore I urge you to cancel this charge, by which I mean instructing (not requesting) ParkingEye to cancel it. Or will you continue to treat genuine customers and users of your hotel in such
contempt as you have so far demonstrated?

I look forward to hearing from you.

Faithfully yours
The Keeper of the Vehicle
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baroudeur
post Thu, 17 Jan 2019 - 15:48
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Are we dealing with the correct car park? There is a Holiday Inn and a Holiday Inn Express at the airport. People tend to park on the (public highway) entrance to the Express car park and get caught by the entry/exit cameras which face onto the entrance road not the car park. There haven't been any cases reported recently so perhaps the cameras have been re-aligned.


If the OP was using the Holiday Inn car park on Spittlesea Road and this is the entry Holiday Inn

Edit: Neither hotel is on airport land and the entrances to both hotels is from the public highway.

This post has been edited by baroudeur: Thu, 17 Jan 2019 - 15:51
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Lobatron
post Thu, 17 Jan 2019 - 16:16
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Yes we are dealing with the Holiday Inn - Luton Airport as depicted in the link provided and not the Holiday Express.
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baroudeur
post Thu, 17 Jan 2019 - 16:48
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QUOTE (Lobatron @ Thu, 17 Jan 2019 - 16:16) *
Yes we are dealing with the Holiday Inn - Luton Airport as depicted in the link provided and not the Holiday Express.



OK, that clarifies the situation and apologies for introducing a red herring but the Express is the usual source of complaint.

Regarding lack of signage and conditions GSV doesn't really help you. It may have been better parking on the road outside the hotel as it is CEO territory and they don't work after 6pm in Luton!

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Lobatron
post Fri, 8 Feb 2019 - 13:16
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Following the complaint letter to the Holiday Inn management at Luton Airport, I have received communication that they will be requesting for the Parking Eye unsolicited invoice
to be cancelled.

So a good result! It's always worth writing to the proprietors of the car park before taking action against the Parking Company clowns!
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Glacier2
post Fri, 8 Feb 2019 - 15:23
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Just make sure the ticket is actually cancelled. Sometimes PE don't cancel. Check the website to be sure.
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Lobatron
post Mon, 11 Feb 2019 - 09:45
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OK thanks Glacier2, I will do.
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mickR
post Mon, 11 Feb 2019 - 10:13
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Well done!
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