LBCCC options (ParkingEye, Leeds Aire Street)

superchargednut · 11 October 2016 at 7:58PM

Hi all,

I have received a LBCCC notice, dated 4th October - so I guess I have a couple of days to work out how to proceed, in order to get a response sent back in time.

Basically, last November I entered a car park and stayed for 17 minutes. It was tea time and dark, and I got out to go and pay but for whatever reason I couldn't (incorrect change, whatever). I got back into the car, attempted to find a way to pay, couldn't, so left.

I got the £100 fine from ParkingEye, and sent them an appeal. It was rejected and I was given a POPLA code.

I attempted to appeal to POPLA and was rejected again. I can't remember the basis of my appeals as these were both about 8-9 months ago, but I used the advice from forums like this.

Which brings me to now and my LBCCC. I've had a bit of a browse and as far as I can tell I have three options:

1. Attempt to have the charge quashed by the landowner. The car park is not adjacent to a supermarket or anything and as such I have absolutely no idea how to find out who the landowner is. I can find the car park on Google Maps but I do not know the exact address or postcode. 'Aire Street, Leeds' is all I have.

2. Offer to settle with ParkingEye without prejudice. Paying £100 because I sat in a car park for 17 minutes is absolutely ridiculous. Ideally, I don't want to be locked into months and months of back and forth contact with ParkingEye - and as such I am prepared to offer them an amount to settle this. Given the length of the stay, what would be a suitable amount to offer and how would I go about this in order to have the best chance of success?

3. The big, long, correspondence battle. This is the one I didn't want to do as it looks long-winded and likely to last a long time. However, if there's no chance of either of the above, then I will do it. For this option, I'd like to know, as clearly as possible, what the first step is in replying to my LBCCC. Obviously I have a few days to do this step and would prefer to get it done and think about the next step after that.

Thanks for reading guys and hoping someone can help.

Coupon-mad · 11 October 2016 at 7:59PM

I think (3) but be aware this won't just be correspondence, it will be a court claim to defend.

If you go for settlement the best you are likely to get is £40 - £60 if they will...

superchargednut · 11 October 2016 at 8:05PM

I'd be happy to offer 40/50/60 I think.

Coupon-mad · 11 October 2016 at 8:08PM

Start at £45 maybe...email them like here:

http://forums.moneysavingexpert.com/showthread.php?t=5539549

Head the subject line 'Without prejudice, save as to costs - offer and response re PCN ref xxxxxx/xxxxxx'

superchargednut · 11 October 2016 at 8:28PM

If I do this, do I still have to reply to the LBCCC acknowledging my receipt of it?

Also, if they turn down my offer can I still proceed as usual with option 3?

Coupon-mad · 11 October 2016 at 8:36PM

Yes and yes. Your offer (if rushing to make one now, which you do not have to) needs to combine a response to the LBCCC, like in the other thread exactly the same right now that I've replied on both.

But you do not have to come out with an offer yet, you could email a response to the LBCCC asking questions/ask for a copy of the contract sign and PCN, and asking them to put the case on hold (like I told the other poster). Then decide when you get their response.

In fact you have grounds for defence (dark signs, no contract agreed, 17 minutes is a reasonable grace period in the dark, etc). Seems to me in your case, you have good reason to consider defending a claim and fighting it - a Red Letter Day experience!

Oh, and do not reply to any private message from a poster with less than 1000 posts to their name here. We deal with these issues openly on the forum and any pm could be from anyone at all (even the parking firm) and any private message about this is not recommended to be replied to/read.

Elysander · 11 October 2016 at 9:12PM

In answer to OP's point 1, I have included a link below from Leeds City Council's website which gives details of a recent application Parking Eye made regarding retrospective planning permission (August 2016) for signage etc at Aire Street. From reading the application document dated 8th August 2016, it would appear that the landowner is Bellavale Ltd 32 Gallowgate Newcastle Upon Tyne.

Parking Eye always include a poor scan of the 'contract' at POPLA stage which is with a company called Elite Parking who presumably lease the site from Bellavale. PE have repeatedly lost cases at POPLA as assessors aren't able to read the 'contract'

.
https://publicaccess.leeds.gov.uk/online-applications/applicationDetails.do?previousCaseType=Property&previousKeyVal=LCEDNYJB05B00&activeTab=summary&previousCaseUprn=000072695902&previousCaseNumber=LCEDNKJB05B00&keyVal=OBDW36JBIVW00

Umkomaas · 11 October 2016 at 10:08PM

I wasn't aware that retrospective application for advertising consent was allowable. Not having advertising consent, as I understand it, is a criminal offence. Period!

If you're up to it, challenge the LA on this. Then if you're stonewalled, involve the LA Ombudsman.

superchargednut · 12 October 2016 at 11:34AM

Coupon-mad wrote: »

Start at £45 maybe...email them

On the ParkingEye website, the only way of contacting them is to fill in a form headed 'make an appeal'.

Is there an alternative email address I can use or shall I do so through this form?

Umkomaas · 12 October 2016 at 11:44AM

Try this:

enforcement@parkingeye.co.uk

Coupon-mad · 12 October 2016 at 11:49AM

superchargednut wrote: »

On the ParkingEye website, the only way of contacting them is to fill in a form headed 'make an appeal'.

Is there an alternative email address I can use or shall I do so through this form?

I gave you that exact email addy by showing you the other thread like yours...I thought the instruction 'email them like here' didn't require me to type the email addy out! When links are supplied they are there to assist.

Coupon-mad wrote: »

Start at £45 maybe...email them like here:

http://forums.moneysavingexpert.com/showthread.php?t=5539549

Head the subject line 'Without prejudice, save as to costs - offer and response re PCN ref xxxxxx/xxxxxx'

LBCCC options (ParkingEye, Leeds Aire Street)

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