Parking fine handed out during floods is dropped

Echo: Parking fine handed out during floods is dropped Parking fine handed out during floods is dropped

A DRIVER has had his parking fine thrown out after staying too long due to last month’s floods.

Paul Clayden, was shopping in Aldi, Wickford, during south Essex’s wettest weekend of the year.

As the A127 was closed following flooding, he had taken his three-year-old nephews to a nearby cafe to dry out from the rain and work out a different route home to Ward Avenue, Grays, before doing his weekly shop.

According to rules stated by Parking Eye, which runs the car park, Paul, 51, was only allowed to stay there for an hour, but he stayed nearly two. He said: “It’s out of order. It was pouring with rain and I thought there wasn’t going to be a parking attendant going out.

“Traffic was affected because there was torrential rain and we had to check how to get home. It was chaotic.”

Parking Eye investigated his appeal and agreed to throw out the fine as he was a genuine shopper.

A spokesperson said: “Mr Claydon followed our audited appeals process, and as a genuine shopper we were happy to cancel his charge.”

Comments (15)

Please log in to enable comment sorting

9:33am Mon 9 Sep 13

Audioman says...

Rain or no rain,he should have got a ticket.
Rain or no rain,he should have got a ticket. Audioman
  • Score: -25

9:46am Mon 9 Sep 13

Russ13 says...

He should have just thrown the thing in the bin, it's an invoice not a fine and isn't enforcable in law.

Glad common sense prevailed though!
He should have just thrown the thing in the bin, it's an invoice not a fine and isn't enforcable in law. Glad common sense prevailed though! Russ13
  • Score: 16

10:23am Mon 9 Sep 13

andy:) says...

Audioman wrote:
Rain or no rain,he should have got a ticket.
Eerr.. Why ?..Or are you just a miserable idiot ?

Its not a parking ticket or a fine, its purely a contractual matter..as many people have shown they are often not enforceable in court...and it is entirelly reasonable that Aldi/Parking Eye can dismiss tickets in certain circumstances.
[quote][p][bold]Audioman[/bold] wrote: Rain or no rain,he should have got a ticket.[/p][/quote]Eerr.. Why ?..Or are you just a miserable idiot ? Its not a parking ticket or a fine, its purely a contractual matter..as many people have shown they are often not enforceable in court...and it is entirelly reasonable that Aldi/Parking Eye can dismiss tickets in certain circumstances. andy:)
  • Score: 4

10:42am Mon 9 Sep 13

Boyracer_22 says...

Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers!
Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers! Boyracer_22
  • Score: 4

1:08pm Mon 9 Sep 13

GlenEckett says...

Fair play to the parking company for using common sense given the circumstances.
Fair play to the parking company for using common sense given the circumstances. GlenEckett
  • Score: 4

1:39pm Mon 9 Sep 13

DogsMessInLeigh says...

1 hours seems a bit short to do your shopping in, i know Aldi/Lidls are in and out places but 1 hour could be a rush for some people, the drying the kids out whilst working on a new route back home whilst in the cafe sounds like a bit of bull though.
1 hours seems a bit short to do your shopping in, i know Aldi/Lidls are in and out places but 1 hour could be a rush for some people, the drying the kids out whilst working on a new route back home whilst in the cafe sounds like a bit of bull though. DogsMessInLeigh
  • Score: 1

1:41pm Mon 9 Sep 13

DogsMessInLeigh says...

Boyracer_22 wrote:
Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers!
I would really like to try this...but not been in a situation where i have got a ticket, but i am very interested to see if it works out like that.
[quote][p][bold]Boyracer_22[/bold] wrote: Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers![/p][/quote]I would really like to try this...but not been in a situation where i have got a ticket, but i am very interested to see if it works out like that. DogsMessInLeigh
  • Score: 1

2:21pm Mon 9 Sep 13

emcee says...

DogsMessInLeigh wrote:
Boyracer_22 wrote:
Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers!
I would really like to try this...but not been in a situation where i have got a ticket, but i am very interested to see if it works out like that.
It does. Private parking companies have to rely on contract law. They will have to prove (if it ever went to court) they lost revenue by your overstay and the most they can reasonably claim is the fee from you occupying a space. If it is £1 per hour and you overstay an hour you only contractually owe them £1. Any other amount they "invoice" you for is speculative and this invoice can be ignored and thrown in the bin.
[quote][p][bold]DogsMessInLeigh[/bold] wrote: [quote][p][bold]Boyracer_22[/bold] wrote: Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers![/p][/quote]I would really like to try this...but not been in a situation where i have got a ticket, but i am very interested to see if it works out like that.[/p][/quote]It does. Private parking companies have to rely on contract law. They will have to prove (if it ever went to court) they lost revenue by your overstay and the most they can reasonably claim is the fee from you occupying a space. If it is £1 per hour and you overstay an hour you only contractually owe them £1. Any other amount they "invoice" you for is speculative and this invoice can be ignored and thrown in the bin. emcee
  • Score: 9

2:26pm Mon 9 Sep 13

DogsMessInLeigh says...

emcee wrote:
DogsMessInLeigh wrote:
Boyracer_22 wrote:
Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers!
I would really like to try this...but not been in a situation where i have got a ticket, but i am very interested to see if it works out like that.
It does. Private parking companies have to rely on contract law. They will have to prove (if it ever went to court) they lost revenue by your overstay and the most they can reasonably claim is the fee from you occupying a space. If it is £1 per hour and you overstay an hour you only contractually owe them £1. Any other amount they "invoice" you for is speculative and this invoice can be ignored and thrown in the bin.
so the carparks in Aldi/lidl, Tesco etc do not charge(only a limited stay time in place) so you would be liable for Zero..?
[quote][p][bold]emcee[/bold] wrote: [quote][p][bold]DogsMessInLeigh[/bold] wrote: [quote][p][bold]Boyracer_22[/bold] wrote: Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers![/p][/quote]I would really like to try this...but not been in a situation where i have got a ticket, but i am very interested to see if it works out like that.[/p][/quote]It does. Private parking companies have to rely on contract law. They will have to prove (if it ever went to court) they lost revenue by your overstay and the most they can reasonably claim is the fee from you occupying a space. If it is £1 per hour and you overstay an hour you only contractually owe them £1. Any other amount they "invoice" you for is speculative and this invoice can be ignored and thrown in the bin.[/p][/quote]so the carparks in Aldi/lidl, Tesco etc do not charge(only a limited stay time in place) so you would be liable for Zero..? DogsMessInLeigh
  • Score: 2

2:31pm Mon 9 Sep 13

emcee says...

The picture that has been published with this article is misleading as it is a private parking company matter. Private parking companies cannot issue a "Penalty Charge Notice".
Also, I wish the Echo would learn what a "fine" actually is. A fine, in this context, can only be issued through the courts. They really should get their facts right when reporting the news.
The picture that has been published with this article is misleading as it is a private parking company matter. Private parking companies cannot issue a "Penalty Charge Notice". Also, I wish the Echo would learn what a "fine" actually is. A fine, in this context, can only be issued through the courts. They really should get their facts right when reporting the news. emcee
  • Score: 8

2:35pm Mon 9 Sep 13

Biker One says...

emcee wrote:
DogsMessInLeigh wrote:
Boyracer_22 wrote:
Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers!
I would really like to try this...but not been in a situation where i have got a ticket, but i am very interested to see if it works out like that.
It does. Private parking companies have to rely on contract law. They will have to prove (if it ever went to court) they lost revenue by your overstay and the most they can reasonably claim is the fee from you occupying a space. If it is £1 per hour and you overstay an hour you only contractually owe them £1. Any other amount they "invoice" you for is speculative and this invoice can be ignored and thrown in the bin.
Absolutely emcee. Parking Eye rely wholly on their supposition that the driver saw and read their signs upon entrance to the car park. We all know this is tosh as the signs are badly placed or a confusion of tiny fonts. Lately PE have been flooding the small claims courts with cases against motorists, claiming liquidated damages. This is also tosh, and there have been many judgements against PE where the judge has seen that PE are saying the motorist is responsible for their running costs, again utter tosh, in fact the losses incurred by PE are zero. They also have to prove that they are acting as an agent on behalf of the landowner. This may be so, but in a free car park there is no loss to the owner, therefore PE cannot claim for losses as there aren't any, so the courts view this as a penalty which is unenforceable in contract law.
For more info, visit http://forums.pepipo
o.com/index.php? and view the private parking tickets forum.


Boyracer_22 wrote: Parking eye?! Sounds like a stupid little private parking company

Actually the largest in the country, try to keep up :-)
[quote][p][bold]emcee[/bold] wrote: [quote][p][bold]DogsMessInLeigh[/bold] wrote: [quote][p][bold]Boyracer_22[/bold] wrote: Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers![/p][/quote]I would really like to try this...but not been in a situation where i have got a ticket, but i am very interested to see if it works out like that.[/p][/quote]It does. Private parking companies have to rely on contract law. They will have to prove (if it ever went to court) they lost revenue by your overstay and the most they can reasonably claim is the fee from you occupying a space. If it is £1 per hour and you overstay an hour you only contractually owe them £1. Any other amount they "invoice" you for is speculative and this invoice can be ignored and thrown in the bin.[/p][/quote]Absolutely emcee. Parking Eye rely wholly on their supposition that the driver saw and read their signs upon entrance to the car park. We all know this is tosh as the signs are badly placed or a confusion of tiny fonts. Lately PE have been flooding the small claims courts with cases against motorists, claiming liquidated damages. This is also tosh, and there have been many judgements against PE where the judge has seen that PE are saying the motorist is responsible for their running costs, again utter tosh, in fact the losses incurred by PE are zero. They also have to prove that they are acting as an agent on behalf of the landowner. This may be so, but in a free car park there is no loss to the owner, therefore PE cannot claim for losses as there aren't any, so the courts view this as a penalty which is unenforceable in contract law. For more info, visit http://forums.pepipo o.com/index.php? and view the private parking tickets forum. [quote] [bold] Boyracer_22 [/bold] wrote: Parking eye?! Sounds like a stupid little private parking company [/quote] Actually the largest in the country, try to keep up :-) Biker One
  • Score: 4

2:46pm Mon 9 Sep 13

DogsMessInLeigh says...

emcee wrote:
The picture that has been published with this article is misleading as it is a private parking company matter. Private parking companies cannot issue a "Penalty Charge Notice".
Also, I wish the Echo would learn what a "fine" actually is. A fine, in this context, can only be issued through the courts. They really should get their facts right when reporting the news.
Just been reading 'Money saving expert' on this matter....and your right regarding the use of those yellow looky likey notices also the PCN part, i think the Echo should research this matter in depth as the photo they used is also misleading, as when i first saw this story i just thought it was a real PCN notice that was cancelled and not a Mickey Mouse notice.


if anyone has useful websites for parking tickets let us know.
[quote][p][bold]emcee[/bold] wrote: The picture that has been published with this article is misleading as it is a private parking company matter. Private parking companies cannot issue a "Penalty Charge Notice". Also, I wish the Echo would learn what a "fine" actually is. A fine, in this context, can only be issued through the courts. They really should get their facts right when reporting the news.[/p][/quote]Just been reading 'Money saving expert' on this matter....and your right regarding the use of those yellow looky likey notices also the PCN part, i think the Echo should research this matter in depth as the photo they used is also misleading, as when i first saw this story i just thought it was a real PCN notice that was cancelled and not a Mickey Mouse notice. if anyone has useful websites for parking tickets let us know. DogsMessInLeigh
  • Score: 1

2:53pm Mon 9 Sep 13

Biker One says...

DogsMessInLeigh says.. .


if anyone has useful websites for parking tickets let us know.



I just posted a link above, and again here below.
.
http://forums.pepipo
o.com/index.php?act=
idx
[quote] [bold] DogsMessInLeigh says.. [/bold]. if anyone has useful websites for parking tickets let us know. [/quote] I just posted a link above, and again here below. . http://forums.pepipo o.com/index.php?act= idx Biker One
  • Score: 0

3:05pm Mon 9 Sep 13

emcee says...

DogsMessInLeigh wrote:
emcee wrote:
DogsMessInLeigh wrote:
Boyracer_22 wrote:
Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers!
I would really like to try this...but not been in a situation where i have got a ticket, but i am very interested to see if it works out like that.
It does. Private parking companies have to rely on contract law. They will have to prove (if it ever went to court) they lost revenue by your overstay and the most they can reasonably claim is the fee from you occupying a space. If it is £1 per hour and you overstay an hour you only contractually owe them £1. Any other amount they "invoice" you for is speculative and this invoice can be ignored and thrown in the bin.
so the carparks in Aldi/lidl, Tesco etc do not charge(only a limited stay time in place) so you would be liable for Zero..?
No loss, no liability.
[quote][p][bold]DogsMessInLeigh[/bold] wrote: [quote][p][bold]emcee[/bold] wrote: [quote][p][bold]DogsMessInLeigh[/bold] wrote: [quote][p][bold]Boyracer_22[/bold] wrote: Parking eye?! Sounds like a stupid little private parking company, and you got to be even more stupid to pay it. I've had about 6 parking tickets before, never paid any of them. I just want to raise awareness that when you receive a parking ticket you do not have to pay it. By agreeing to it you are entering a contract. You will receive a couple of letters in the post possibly with the usual threats. And that's it! Good luck to all you 'illegal' parkers![/p][/quote]I would really like to try this...but not been in a situation where i have got a ticket, but i am very interested to see if it works out like that.[/p][/quote]It does. Private parking companies have to rely on contract law. They will have to prove (if it ever went to court) they lost revenue by your overstay and the most they can reasonably claim is the fee from you occupying a space. If it is £1 per hour and you overstay an hour you only contractually owe them £1. Any other amount they "invoice" you for is speculative and this invoice can be ignored and thrown in the bin.[/p][/quote]so the carparks in Aldi/lidl, Tesco etc do not charge(only a limited stay time in place) so you would be liable for Zero..?[/p][/quote]No loss, no liability. emcee
  • Score: 5

3:11pm Mon 9 Sep 13

Biker One says...

Go to Aldis facebook page and search for Parking Eye to see what a mess they're getting themselves in.
Go to Aldis facebook page and search for Parking Eye to see what a mess they're getting themselves in. Biker One
  • Score: 0

Comments are closed on this article.

click2find

About cookies

We want you to enjoy your visit to our website. That's why we use cookies to enhance your experience. By staying on our website you agree to our use of cookies. Find out more about the cookies we use.

I agree