Parking Eye - Appeal Process

gill33uk · 9 March 2017 at 3:37PM

Hi, please can you have a look at my response to the LBCCC I recieved yesterday, I need to get it in the post as the date on the letter was 2/03/2017 - any advice gratefully recieved. Thanks in advance

Removed all sensitive info

Thank you for your letter as detailed above which I received on the 8th March 2017.

As advised by ParkingEye’s Legal Department I have read through the Practice Direction, and although your LBCCC states that it is fully compliant with the PD, after reading up on it I find this statement quite misleading and as this is a guide for both claimants and defendants I feel that as an unrepresented person with no legal training I am having to query with ParkingEye what the Practice Direction requires from them as a company. I wonder, does the Solicitor in Charge of the Legal Department approves these letters (LBCCC) BEFORE they are issued? And I respectfully request that the standard template used for your LBCCC is reviewed and request confirmation from you that in future the LBCCC’s issued to unknowing motorists are actually fully compliant with the Practice Direction.

Please can you send me a fully compliant Letter Before County Court Claim so that I may deal with my own obligations as set out in the Practice Direction. I would like to receive this fully compliant letter within the next 14 days. As you have referred the PD to me then you should be complying with these obligations in your LBCCC.

Also in your letter it states that it was ‘recently’ bought to your attention that my appeal to POPLA was unsuccessful, POPLA’s decision was made on 17th October 2016 which is nearly 5 months ago.

I feel that my previous correspondence with you has not been fully read and understood and I request that I do not receive a generic response to this letter. Please provide me with the information requested, failure to do so will result in a complaint to the SRA and me forwarding this correspondence to them asking for them to investigate the clear breach of principles set out in the SRA Handbook.

Yours faithfully

Coupon-mad · 9 March 2017 at 7:42PM

I need to get it in the post as the date on the letter was 2/03/2017 - any advice gratefully recieved.

Always email PE about LBCCCs, not by post, they lose it and it delays matters. Email is far better, straight to PE's legal team:

enforcement@parkingeye.co.uk

I also think lecturing PE about the Practice Direction is somewhat of a waste of time because they have in-house solicitors and will not give your points a second thought. Better to talk about the circumstances, the reasons why this should be cancelled.

So, why should it be cancelled? What happened? And have you complained to the landowner/retailer and who was that?

The_Deep · 9 March 2017 at 8:03PM

IMO it is far too wordy, repetitious, tighten it up, be more assertive, less respectful. Instead of saying "please can you send me" say I require" Scolding PE will achieve nothing. Remember you are dealing with company with few scruples.

There are plenty of "How to write letters of complaint" websites on the internet, visit a few,

gill33uk · 10 March 2017 at 1:47PM

Hi, thanks for you're pointers. Just to clarify I should be asking for them to dismiss the claim and explain the circumstances again rather than asking them to reissue a LBCCC?

gill33uk · 18 March 2017 at 8:25AM

Morning All

I have received the generic response from ParkingEye as forwarned explaining that they consider their letter to be fully compliant etc. And that I am still liable to the fine. Do I need to respond to this? I am not going to pay until the court rule that I must.

Please can you advise of my next step?

Many thanks

Umkomaas · 18 March 2017 at 10:09AM

Please can you advise of my next step?

Have you complained to the landowner and ask them to intervene?

'Next step' is in the 'gift' of PE as to whether they will follow up their LBCCC with court papers. All the evidence over the past 4 years suggests that they will. So be prepared by reading up on the burgeoning number of petty private parking charge claims that are currently clogging up the country's county court system.

Do some searches on this forum and on PePiPoo for 'ParkingEye Court Defence' (or similar search terms). Be prepared for the (almost) inevitable, do not adopt the ostrich position.

We can help with defending this if it gets to court. But your best bet right now is to involve the landowner, because they can kill it dead. Otherwise PE have the balance of six years to strike!

Coupon-mad · 18 March 2017 at 3:45PM

Coupon-mad wrote: »

Always email PE about LBCCCs, not by post, they lose it and it delays matters. Email is far better, straight to PE's legal team:

enforcement@parkingeye.co.uk

I also think lecturing PE about the Practice Direction is somewhat of a waste of time because they have in-house solicitors and will not give your points a second thought. Better to talk about the circumstances, the reasons why this should be cancelled.

So, why should it be cancelled? What happened? And have you complained to the landowner/retailer and who was that?

I hope you emailed as advised above and not wittering on about the Practice Direction? That is NOT how to get PE to cancel at LBCCC stage.

Told you above what to email back to them. Reply now to them assertively but talking about the circs, don't stop replying. Again and again, but about the circumstances, not legalese.

gill33uk · 18 March 2017 at 6:28PM

Hi, yes I have emailed the landowner, first time he said to send all details and he would see what he could do, have emailed twice more but had no response since.

Coupon-mad · 18 March 2017 at 6:29PM

I wasn't talking about emailing the landowner. Bombard PE by email, as advised.

gill33uk · 18 March 2017 at 6:31PM

Thank you for your letter as detailed above which I received on the 8th March 2017.

As advised by ParkingEye’s Legal Department I have read through the Practice Direction, and although your LBCCC states that it is fully compliant with the PD, after reading up on it I find this statement quite misleading.

Please can you send me a fully compliant Letter Before County Court Claim so that I may deal with my own obligations as set out in the Practice Direction. I would like to receive this fully compliant letter within the next 14 days. As you have referred the PD to me then you should be complying with these obligations in your own LBCCC.

I feel that my previous correspondence with you has not been fully read and understood and I request that I do not receive a generic response to this letter.

Please see brief details of my case below, which I fell have never been properly read and understood nor my queries answered.

‘I arrived at the Car Park on the 7th August 2016 at 08:50:24 and as I entered the car park I realised I might have left my purse at home so I pulled over to have a look, not even parking in a bay. It was early on a Sunday morning and the car park was pretty empty. When I realised I had left it I text my husband, who searched at home and eventually confirmed that I had, so I left the car park without pulling in to a bay, getting out of the car or parking.

In their (ParkingEye) submission of ‘Further Evidence’ it states;
‘ParkingEye operates a grace period on all sites, which gives the motorist time to enter a car park, park, and establish whether or not they wish to be bound by the terms and conditions of parking. These grace periods are sufficient for this purpose and are fully compliant with the BPA code of practice’

I would like establish what ParkingEye’s ‘Grace Period’ is? On their Contract, it does not actually give an allotted timeframe but I feel that 10 minutes should not breach this.

I have timed myself reading this sign, which we are advised to do, and it took me 4 minutes to read, so parking, walking to the ‘Contract’, reading it and then purchasing a ticket (had I had my purse with me), would have taken a little time in itself.

I had every intentions of paying and displaying but without money or cards I was unable to purchase a ticket and so there was no point me heading into to town. I would also like to say that due to the location of the car park it would not have been possible for me to have walked to any shops in the 10 minutes, so I was not using the car park for the convenience of popping into a shop without paying.’

Please provide me with the information requested, failure to do so will result in a complaint to the SRA and me forwarding this correspondence to them asking for them to investigate the clear breach of principles set out in the SRA Handbook.

Regards

Parking Eye - Appeal Process

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