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  • FIRST POST
    • gill33uk
    • By gill33uk 12th Sep 16, 11:29 AM
    • 54Posts
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    gill33uk
    Parking Eye - Appeal Process
    • #1
    • 12th Sep 16, 11:29 AM
    Parking Eye - Appeal Process 12th Sep 16 at 11:29 AM
    Hi, I have received a fine of £100 for a 10 minute stay in a carpark in Peterborough run by ParkingEye, after pulling into the carpark I realised I didn't have my purse, I text my husband who confirmed I had left it at home and I left the carpark, to return home, no point going shopping without money! I stated in my appeal that I had not left the car and explained what happened, they refused my appeal as they do not have CCTV only camera's on entry and exit so its my word against theirs that I never got out of the car, I would like to appeal again, is there any point?
    Many thanks
Page 3
    • gill33uk
    • By gill33uk 18th Mar 17, 5:31 PM
    • 54 Posts
    • 15 Thanks
    gill33uk
    This was my response to the lbccc
    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
    • gill33uk
    • By gill33uk 18th Mar 17, 5:36 PM
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    • 15 Thanks
    gill33uk
    ParkingEye response

    Thank you for your correspondence received in relation to the above referenced Parking Charge, which was issued following a parking event that took place on 7th August 2017 at Thorpe Road, Peterborough car park.

    We recently sent you a Letter Before County Court Claim (LBCCC) which informed you that this Parking Charge remains outstanding and had now been processed for further action. This is because your appeal to POPLA was unsuccessful and the independent adjudicator found in ParkingEye’s favour. You were advised in their appeal decision to pay the full Parking Charge in order to avoid further action.

    We can confirm that £100 remains outstanding and full payment is required to prevent further action.

    ParkingEye is prepared to take legal action if necessary and should court proceedings be issued, further costs will be incurred. These will include, but are not limited to, the court claim issue fee and the solicitors costs referred to within the LBCCC.

    Please note, it is ParkingEye’s position that our Letter Before County Court Claim is fully compliant with the Pre-Action Practice Direction (Pre-Action Conduct and Protocols) and that all the relevant information pertaining to this case has been provided. Further information has also been provided throughout the lifespan of this case to make you fully aware of the circumstances surrounding the Parking Charge.

    Payment can be made by telephoning our offices on 0330 555 4444, by visiting www.parkingeye.co.uk, or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.
    • Coupon-mad
    • By Coupon-mad 18th Mar 17, 5:36 PM
    • 48,322 Posts
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    Coupon-mad
    Reply again and press them for info on grace periods. Point out they have answered nothing at all an their reply is obviously a generic template.

    Quote Kelvin Reynolds this time (search this forum for the word 'Kelvin').

    Do not leave their reply unresponded to, keep up your pressure every time straight back at them. BY EMAIL.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • gill33uk
    • By gill33uk 19th Mar 17, 6:01 PM
    • 54 Posts
    • 15 Thanks
    gill33uk
    Kelvin Reynolds
    Hi, reply sent, thanks again for the advice
    • gill33uk
    • By gill33uk 27th Mar 17, 10:00 AM
    • 54 Posts
    • 15 Thanks
    gill33uk
    Morning have had my response, they do mention grace periods this time but not what they are! What's the next step please? Respond again asking what they are specifically?

    Thank you for your correspondence received in relation to the above referenced Parking Charge, which was issued following a parking event that took place on 7th August 2016 at Thorpe Road, Peterborough car park.

    ParkingEye operates a grace period on site to give motorists time to consider the terms and conditions in operation and decide whether they wish to bound by the same, before acting accordingly. This means that all motorists parking on site have a chance to read through the signage and the relevant terms and conditions, before agreeing to the parking contract being offered.

    The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land, the car park is managed by ParkingEye Ltd, and parking tariffs apply or a Parking Charge will be incurred, along with other terms and conditions of the car park by which those who park in the car park agree to be bound. By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in the signage.

    We recently sent you a Letter Before County Court Claim (LBCCC) which informed you that this Parking Charge remains outstanding and had now been processed for further action. This is because your appeal to POPLA was unsuccessful and the independent adjudicator found in ParkingEye’s favour. You were advised in their appeal decision to pay the full Parking Charge in order to avoid further action.

    We can confirm that £100 remains outstanding and full payment is required to prevent further action.

    ParkingEye is prepared to take legal action if necessary and should court proceedings be issued, further costs will be incurred. These will include, but are not limited to, the court claim issue fee and the solicitors costs referred to within the LBCCC.
    • Coupon-mad
    • By Coupon-mad 27th Mar 17, 12:52 PM
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    Coupon-mad
    they do mention grace periods this time but not what they are! What's the next step please? Respond again asking what they are specifically?
    Don't ask, tell!

    Respond telling them they've not answered the question and stating that clearly POPLA have made an error in not noticing that the BPA CoP requires a MINIMUM of ten minutes grace period (not a maximum). So clearly under 11 minutes is perfectly reasonable all told, especially as the cameras are certainly not calibrated to the exact second.

    Remind them that in a BPA and DVLA meeting over a year ago, it was agreed that the 'grace period' time in the next BPA Code of Practice update will be set at 'at least' 11 minutes. This is a meeting that is in the public domain through FOI and was agreed 18 months ago and ParkingEye will be aware this was the case, from the minutes of that meeting. If they are not, you suggest they ask the BPA to clarify.

    As POPLA found that the total stay of 10 minutes and 48 seconds, then clearly the car was actually stopped for well UNDER ten minutes in any event so the charge is unconscionable, against the Code of Practice and must be cancelled.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • gill33uk
    • By gill33uk 27th Mar 17, 1:00 PM
    • 54 Posts
    • 15 Thanks
    gill33uk
    Thank you so much I will respond now
    • Spinky77
    • By Spinky77 28th Mar 17, 12:30 PM
    • 8 Posts
    • 0 Thanks
    Spinky77
    Eagerly following this thread as I have a very similar situation (although I stayed for 15 minutes. The parking was permit holders only after 6.30, I arrived at 6.10 something and needed to be there longer than 20 minutes! Sat in my car googling nearby spaces in empty carpark).

    My Popla appeal has been unsuccessful but not going to pay. Will wait for correspondence to come through as you have done.

    Good luck and keep us updated!
    • gill33uk
    • By gill33uk 28th Mar 17, 12:43 PM
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    • 15 Thanks
    gill33uk
    Thank you, it's so frustrating, I really believe they have not even completely read any of my correspondence properly, I also am not going to pay unless the judge orders me too then there is no choice ☹️
    • gill33uk
    • By gill33uk 19th Apr 17, 10:33 AM
    • 54 Posts
    • 15 Thanks
    gill33uk
    Morning All, I have had no response to my last email dated 27th March, is it too much to hope it has just gone away? Or will I get a court date in the post?
    • Umkomaas
    • By Umkomaas 19th Apr 17, 10:52 AM
    • 13,626 Posts
    • 21,373 Thanks
    Umkomaas
    Morning All, I have had no response to my last email dated 27th March, is it too much to hope it has just gone away? Or will I get a court date in the post?
    Originally posted by gill33uk
    Nothing is predictable in this game. Expect the worst, hope for the best. But PE are pretty quick off the mark, but a 3-week gap is not that long; 3 months with hearing nothing might suggest there's a chance this won't progress, but you do know they have 6 years to pursue this. That said, PE aren't one of the PPCs that dredge up ancient cases in the hope of easy money.

    The fact you've thrown the grace period pebble into the pond, they may see the ripples you've created too risky to chance in front of a judge.

    But who knows what goes on in their minds!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • gill33uk
    • By gill33uk 19th Apr 17, 11:06 AM
    • 54 Posts
    • 15 Thanks
    gill33uk
    Thank you for that, its what I am hoping, or common sense from the Judge!
    • gill33uk
    • By gill33uk 10th May 17, 9:45 PM
    • 54 Posts
    • 15 Thanks
    gill33uk
    Well it's arrived, my Claim Form, 14 days to respond, I have purchased an ebook from parking prankster and will print and have a good read over the weekend, here comes the brain overload, just hope I can take it all in!
    • DoaM
    • By DoaM 10th May 17, 10:10 PM
    • 2,753 Posts
    • 2,774 Thanks
    DoaM
    See also the NEWBIES thread - one of the posts deals with the court process.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • gill33uk
    • By gill33uk 11th May 17, 12:59 PM
    • 54 Posts
    • 15 Thanks
    gill33uk
    Hi, just to confirm:

    1. Acknowledgement of Service - Tick box 1. I intend to defend all of this claim
    2. Defence and Counterclaim (specific amount) - Do not make any marks on this paper at all.
    3. Send off to Northampton and start to work on my defence and wait for a response (or logon to moneyclaim.gov?)

    I am reading through everything but so much to take in.

    Thank you
    Last edited by gill33uk; 11-05-2017 at 1:17 PM.
    • gill33uk
    • By gill33uk 16th May 17, 8:52 AM
    • 54 Posts
    • 15 Thanks
    gill33uk
    Acknowledgement of Service sent via Money Claim Online - I intend to defend all of this claim. Now to get me defence in order.

    As I have done this, can I still ask the landowner to get this charge dismissed or offer a settlement figure of the original cost?

    Thanks
    • Coupon-mad
    • By Coupon-mad 16th May 17, 6:43 PM
    • 48,322 Posts
    • 61,785 Thanks
    Coupon-mad
    Yes and yes.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • gill33uk
    • By gill33uk 24th May 17, 10:50 AM
    • 54 Posts
    • 15 Thanks
    gill33uk
    Morning All, I have received a settlement figure of £150 if I pay within 14 days, its a reduction of £25, its not much hey?
    • DoaM
    • By DoaM 24th May 17, 10:53 AM
    • 2,753 Posts
    • 2,774 Thanks
    DoaM
    So it's not worth bothering with then.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • gill33uk
    • By gill33uk 24th May 17, 11:38 AM
    • 54 Posts
    • 15 Thanks
    gill33uk
    Shall I counter offer?
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