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Parking Eye & 'Letter Before County Court Claim'.

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Should I be concerned?

I've ignored all correspondence to date and now they say they 'further action will be taken and court proceedings will be issued...' (their bolds)
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  • waamo
    waamo Posts: 10,298 Forumite
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    There is a good chance they will issue a claim yes. I suggest reading the sticky threads in this forum.
  • Coupon-mad
    Coupon-mad Posts: 132,321 Forumite
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    chambta wrote: »
    Should I be concerned?

    I've ignored all correspondence to date and now they say they 'further action will be taken and court proceedings will be issued...' (their bolds)

    Errrrm...yes.

    Why have you ignored ParkingEye? We have not advised that since 2013! They sue the pants off people at a rate of tens of thousands every year since then! However you can still get this cancelled - was it a retail park and were you shopping there (got proof?) or something like a breakdown at Motorway Services?

    Tell us more.

    And was the PCN one that stated 'after 29 days the registered keeper will be liable under the POFA 2012'? Dig it out and tell us whether it has this paragraph and what the dates were (date of event and date 'issued'). Please state the dates and if it has this 'keeper liable' phrase or NOT?

    Where was it, what happened?

    You can (in some cases) get it overturned at LBCCC but you are *this* close to being sued. You must respond.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • chambta
    chambta Posts: 2,770 Forumite
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    It's a small car-park behind a pub. I was vaguely aware it was pay and display but not a council one. Other things on my mind etc etc. As it turned out they have cameras and the 50p for an hour or whatever would have been better paid in hindsight.

    No idea about the previous three or four other letters as I'm afraid they went in the recycling.

    When was it? 13th August according to this letter.
  • Coupon-mad
    Coupon-mad Posts: 132,321 Forumite
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    I would email them and ask for a copy of the PCN so you can make an informed decision as registered keeper, and ask if they are pursuing you as registered keeper under the POFA 2012. Require that they put the claim on hold for 21 days once they've sent you the PCN so you can consider the matter on a level playing field as you are unrepresented:

    enforcement@parkingeye.co.uk

    You need to see the PCN. OBVIOUSLY don't say you binned the letters. DO NOT say who was driving nor anything about the parking event. Short & sweet: a request for the case to go on hold and a copy of the PCN (& are they holding you liable as keeper?) so you can decide.

    You could also ask (if you do not want to face a court claim and it sounds like you've buried your head in the sand) if they are willing to settle at £50...see what they say.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • chambta
    chambta Posts: 2,770 Forumite
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    Coupon-mad wrote: »
    I would email them and ask for a copy of the PCN so you can make an informed decision as registered keeper, and ask if they are pursuing you as registered keeper under the POFA 2012. Require that they put the claim on hold for 21 days once they've sent you the PCN so you can consider the matter on a level playing field as you are unrepresented:

    enforcement@parkingeye.co.uk

    You need to see the PCN. OBVIOUSLY don't say you binned the letters. DO NOT say who was driving nor anything about the parking event. Short & sweet: a request for the case to go on hold and a copy of the PCN (& are they holding you liable as keeper?) so you can decide.

    You could also ask (if you do not want to face a court claim and it sounds like you've buried your head in the sand) if they are willing to settle at £50...see what they say.

    Thanks for the advice. I appreciate it.

    I'll email them as you describe and see what, if any response I get.

    If it costs me that to make it go away then I'll have to deal with it.

    What would be the worst case scenario should it go to court over not paying for an hours parking in this car-park?
  • Coupon-mad
    Coupon-mad Posts: 132,321 Forumite
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    edited 11 October 2016 at 8:17PM
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    Same as this one:

    http://forums.moneysavingexpert.com/showthread.php?t=5539556

    Worst case scenario is merely losing at a hearing and paying about £190 (no CCJ, no solicitors costs, nothing bad as long as you do not ignore court papers or miss defending/miss deadlines/don't turn up at a hearing). Not a big deal in fact.

    A 'life experience' with a chance to win a case at no risk, really.

    No effect on credit rating...and you could win...however many ParkingEye cases are hard to defend. Not because they are in the right, but because the Government and the Supreme Court have much to answer for in legitimising these penalties and handing a disreputable industry too much power and a way of making money for old rope.

    All this despite the Consumers' Association backing the consumer and holding these charges to be unenforceable under consumer law. But we got 'never mind that' from the Supreme Court Judges last year, absolutely shocking decision and moving of the goalposts for Capita-owned fat cats ParkingEye.

    Hence why I suggest you get the PCN and ask if they are holding you liable under the POFA because their case may be weaker than you realise. The PCN will be worth a look by us here first. Worth considering your options and maybe making an offer to see how the ground lies.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • chambta
    chambta Posts: 2,770 Forumite
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    It could even be fun?

    OK, that's maybe pushing it a little ;)

    (£190 wouldn't bankrupt me however much I'd prefer to spend it on something else)
  • Coupon-mad
    Coupon-mad Posts: 132,321 Forumite
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    edited 11 October 2016 at 9:41PM
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    TBH, another poster and I once replied to someone telling them to think of it as a Red Letter Day experience! How else could you see the court process in action yet with no repercussions except maybe being told to pay under £200 all told?

    Some people win and they are soooo happy!

    Oh and it costs PE far more to win or lose a case because they shell out a fair whack for a solicitor and you would not.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • chambta
    chambta Posts: 2,770 Forumite
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    That's how I look at it actually. I'm not scared as it's not a criminal matter and assuming I pay (if needed) no chance of a CCJ.

    Where would it actually go to court? I'm in Derbyshire.

    I've emailed them by the way. I suppose there's a good chance I hear nothing back from them.
  • waamo
    waamo Posts: 10,298 Forumite
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    It would be your nearest court. They send a solicitor that costs them around £150. They can't claim that from you either so even if they win it costs them.
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