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ParkingEye fine at Manchester Airport Hotel, Fined but within free stay period
Brokenwire
post Mon, 19 Feb 2018 - 12:15
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Coming to this forum a little late, but I hope members can still offer some advice.

On 29 December My car dropped some colleagues and their bags at the Crowne Plaza Manchester Airport hotel. It was 8.30 in the morning and the weather was lousy, heavy rain, mist, the usual for this area. It is a hotel we have been using for many years, and particularly in the last three months before Christmas

The car left in 30 minutes, but I have since received a fine from ParkingEye who now control the car park. I know from previous experience that the hotel allow a free period for picking up or dropping off guests and got an email from the Hotel Guest Sevices Manager confirming 30 minutes free, although he refused to be of further assistance or provide his email in a more formal letter or company paper.

However I thought this would be enough to get the £100 fine dropped, so completed the appeals process to Parking Eye. They refused the appeal, but did not say why, neither did they provide any documents to back up their decision. They did include the link to POPLA.

I completed the POPLA appeal, and this time surprisingly, Parking Eye sent 60 pages of evidence to POPLA. They do not challenge the statement by the Hotel Manager that there is 30 minutes free parking, they simply ignore it.
However in their documents they do allude to a 10 minutes “grace” period.

I am waiting for the result of the POPLA appeal but am not feeling very confident as I think it will come down to an argument between the Hotel and ParkingEye.

My case is that the Hotel has hired ParkingEye to run the Carpark. The hotel claim I can load or drop off for 30 minutes, but ParkingEye seem unaware of this and think ten.

As far as I am concerned I’ll quite happily let this go to court and have them ask the Hotel Manager to clarify his policy. But before it gets to that stage, can members here offfer any advice?






This post has been edited by Brokenwire: Mon, 19 Feb 2018 - 13:01
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post Mon, 19 Feb 2018 - 12:15
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kommando
post Wed, 18 Jul 2018 - 14:39
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I understand you last para, as that is what I want to do, make the Principal ie the Hotel Manager, attend and be responsible for the actions of this company he has retained. Is what you are saying backed up in law?

The principle is the hotel and they signed a contract with PE so they are responsible for PE's actions on their property. This is a basic part of contract law.
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nosferatu1001
post Wed, 18 Jul 2018 - 14:58
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Acknowleging is a single thing you do, and later on you fil e a defence. And you file a defence VIA EMAIL - not using the online portal
LIterally you ONLY do the ack on MCOL (the system) and nothing else
If date of issue is 16th July you are OK as long as you ack soon. ONce you do so you have 33 days form 16th JUly so WELL into august.

When you hire an agent to do work on your behalf, you are liable fo rtheir actions as if you had performed the actions yourself. This is why most contracts include an indemnity clause - ie the agent says IF you as princiapl get sued, I will joing the action and pay up if you lose.

In this case you are making life difficult for the Principal, to get them to apply more pressure - ideally they would terminate PE for failure to folow their instructions i.e. breach of contract.
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Brokenwire
post Thu, 19 Jul 2018 - 13:48
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Ok thanks I understand. I have filed the AOS today and done nothing else. I have also contacted the principal who has promised to look into it but I guess I am not expecting much from him.

As PE were instructed to cancel this and didn't I feel I should file a counter claim but am not sure how much for.
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kommando
post Thu, 19 Jul 2018 - 14:29
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You can also fire off an email to PE reminding them you have a copy of the principles email requesting cancellation and noting this will be fatal to their claim, in the past this normally you will get the bluster answer, later followed by the £60 offer which if rejected with drop hands counter offer results in discontinuance.
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ostell
post Thu, 19 Jul 2018 - 14:32
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Have you sent PE a copy of that email you received saying that PE have been asked to cancel? Suggest that they drop the claim.
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nosferatu1001
post Fri, 20 Jul 2018 - 06:33
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If you want to counterclaim, you need to work out what grounds you are doing so - ie what damage theyve done that you can claim for
THEN you work out an amount.
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Brokenwire
post Fri, 20 Jul 2018 - 07:56
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Interesting turn of events. Receive this email from the hotel management this morning..

“I’ve followed up with Parking Eye who have advised that as the charge was appealed with POPLA they are unable to cancel the charge as the ruling must now come via the court.

However, I have managed to get the PCN reversed back to the original £60 fee and the hotel has settled this on your behalf as a gesture of goodwill.
Parking Eye should send you confirmation that this matter is now closed. “

Hopefully now it will be third time lucky. The POPLA thing was a red herring which I told him, as that was done with months ago and did not stop them cancelling the charge, they just ignored his instruction I think.

I sent pE copies of his email and a statement about POPLA via post so they had it two ways and still ignored it.
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nosferatu1001
post Fri, 20 Jul 2018 - 08:08
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Wow, HI has a terrible contract...
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ostell
post Fri, 20 Jul 2018 - 08:25
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I don't think it will be a bad contract (though may be) rather it is PE imposing non existent conditions on their clients and the clients do not bother to check.
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The Rookie
post Fri, 20 Jul 2018 - 08:25
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Clearly they are strangers to the word due in advance of the diligence to be exercised before signing contracts!

We see this so often with companies and the NHS (Co-op, Cardiff hospital), I wonder if they are as lax with all their contracts!


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Brokenwire
post Sat, 21 Jul 2018 - 19:54
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I don’t think PE have listened to the instructions they previously received from their principal. I wonder if I had gone to court, what would have been said by the hotel company and how many others might have been done?
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Brokenwire
post Sun, 22 Jul 2018 - 18:07
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I don’t think PE have listened to the instructions they previously received from their principal. I wonder if I had gone to court, what would have been said by the hotel company and how many others might have been done?
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Brokenwire
post Mon, 23 Jul 2018 - 12:27
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I have now written to PE by recorded post with a copy of the Principals email, just in case they ignore it again and continue with legal action. In which case I will have extablished that they have been instructed 3 times to cancel the charge and will seek to work out my losses since the first instruction they ignored.

Out of interest I have given them 14 days to confirm they will cease the court case, what else do i need to do in the meantime? As advised I have filed the AoS but that is all.
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nosferatu1001
post Mon, 23 Jul 2018 - 12:51
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You have to presume the case is live unless told otherwise
Obviously that means compiling a defence
MOre prudent, for such a simple request, would have been to give only 7 days to respond, with a reminder that past this date you will be forced to submit a defence and incur further wasted time, for which you will seek costs on the indeminity basis. They have been warned.
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