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  • FIRST POST
    • Delsbels
    • By Delsbels 5th Oct 16, 7:02 PM
    • 31Posts
    • 6Thanks
    Delsbels
    I've binned my Parking eye PCN & now getting multiple letters from debt recovery.
    • #1
    • 5th Oct 16, 7:02 PM
    I've binned my Parking eye PCN & now getting multiple letters from debt recovery. 5th Oct 16 at 7:02 PM
    Ok I've been reading these threads like a mad person and can't find anything similar. I like many others have been poorly advised either by other victims or by ill advised forums and ignored (well in my case destroyed) my initial PCN 'invoice' and now I'm getting multiple letters regarding payments to be made asap by Debt Recoveryuk Ltd. I'm beginning to panic now as I've never kissed with PE with regards to the dispute as I thought it was a bogus claim and didn't want to fall victim to a scam or something along those lines. Anyway, I've read the Newbies thread over and over and drafted the following template into an email

    Dear Sirs

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

    Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    I have kept proof of submission of this appeal and look forward to your reply.

    I have then seen other comments saying not to send this template so now I'm in a quandary!!

    Someone please help, I'm really worrying about this now

    TIA
Page 1
    • pappa golf
    • By pappa golf 5th Oct 16, 7:07 PM
    • 7,294 Posts
    • 7,448 Thanks
    pappa golf
    • #2
    • 5th Oct 16, 7:07 PM
    • #2
    • 5th Oct 16, 7:07 PM
    if PE are using DR+ there is a problem!


    are you in England or in Scotland ?
    • Delsbels
    • By Delsbels 5th Oct 16, 7:29 PM
    • 31 Posts
    • 6 Thanks
    Delsbels
    • #3
    • 5th Oct 16, 7:29 PM
    • #3
    • 5th Oct 16, 7:29 PM
    Im in England
    • pappa golf
    • By pappa golf 5th Oct 16, 7:37 PM
    • 7,294 Posts
    • 7,448 Thanks
    pappa golf
    • #4
    • 5th Oct 16, 7:37 PM
    • #4
    • 5th Oct 16, 7:37 PM
    OK there is something fishy going on here , rather the land is non applicable of they have made a huge !!!! up on the paperwork, if you have not got PEs paperwork , I cant give any more answers , apart from forget debt collectors , do not ring or write to them
    • Delsbels
    • By Delsbels 5th Oct 16, 7:43 PM
    • 31 Posts
    • 6 Thanks
    Delsbels
    • #5
    • 5th Oct 16, 7:43 PM
    • #5
    • 5th Oct 16, 7:43 PM
    I can't believe I've destroyed it. I was advised to ignore and not enter into any comm's with them so naturally 'I shredded the documents' ��
    • pappa golf
    • By pappa golf 5th Oct 16, 7:50 PM
    • 7,294 Posts
    • 7,448 Thanks
    pappa golf
    • #6
    • 5th Oct 16, 7:50 PM
    • #6
    • 5th Oct 16, 7:50 PM
    a bad thing to do , also bad advice when parking eye are concerned ,


    http://www.bmpa.eu/companydata/ParkingEye.html


    do you recall a line in the text that stated that "under POFa2012" they had a right to chase you if you did not name the driver


    instead of 20 questions WHERE WAS it that you parked?
    • pogofish
    • By pogofish 5th Oct 16, 7:53 PM
    • 7,522 Posts
    • 7,558 Thanks
    pogofish
    • #7
    • 5th Oct 16, 7:53 PM
    • #7
    • 5th Oct 16, 7:53 PM
    Ok I've been reading these threads like a mad person and can't find anything similar.
    Originally posted by Delsbels

    What did you make of Post 4 of the Newbies Sticky - Which was written with DRP very much in mind?

    The rest of it is a rather useful read too.
    • Fruitcake
    • By Fruitcake 5th Oct 16, 8:03 PM
    • 40,304 Posts
    • 80,504 Thanks
    Fruitcake
    • #8
    • 5th Oct 16, 8:03 PM
    • #8
    • 5th Oct 16, 8:03 PM
    There is nothing stopping you making a late appeal to parking lie using the BPA template in blue from the NEWBIES thread.

    Ignore DRP.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Umkomaas
    • By Umkomaas 5th Oct 16, 8:37 PM
    • 14,590 Posts
    • 22,950 Thanks
    Umkomaas
    • #9
    • 5th Oct 16, 8:37 PM
    • #9
    • 5th Oct 16, 8:37 PM
    Somewhat perversely, receiving DRP letters about a ParkingEye PCN is relatively good news. Ordinarily, ignore a PE PCN and you're looking at court papers rather than debt collector letters (utterly powerless - read post #4 of the sticky). This rather suggests that either PE have fouled things up, or their principal (those who contracted them to operate at the site of the parking incident) has denied them the permission to pursue 'offending' motorists through the court.

    Can you provide:

    1. The location and name of retailer, hotel, hospital, gym (or wherever the parking incident took place)

    2. The name of the forum which told you to ignore/shred PE papers.
    Last edited by Umkomaas; 05-10-2016 at 8:39 PM.
    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.
    • Delsbels
    • By Delsbels 6th Oct 16, 1:40 AM
    • 31 Posts
    • 6 Thanks
    Delsbels
    I don't recall anything about "POFa2012" saying they had a right to chase if the driver wasnt named. I cannot remember which forum it was as I've visited loads of sites and I just remember a few saying to ignore the so called 'fake fine' and so I destroyed it. I can't believe I did as normally I keep everything on file. With regards to them pursuing me through DRP, the apparent PCN was issued back in May but I'm sure I wasn't notified til around July? Could this be a reason for them sending letters through DRP? The carpark was Heads Lane, Carlisle (behind Sportsman pub) in towncentre, parked on a Sunday on a blue badge and misread the sign. Should I be requesting a copy of the original PCN from parkingeye to take this forward?
    • Delsbels
    • By Delsbels 6th Oct 16, 1:56 AM
    • 31 Posts
    • 6 Thanks
    Delsbels
    Pogofish, thanks yes I read about the DRP and appreciate where you're coming from but this isn't a thread asking what to do about the letters really it's about how to deal with the PCN which I don't have a copy of and as such only have the details from the DRP letter to go off. I should have maybe worded my title better actually but it's my 1st post so apologies.
    • Umkomaas
    • By Umkomaas 6th Oct 16, 8:49 AM
    • 14,590 Posts
    • 22,950 Thanks
    Umkomaas
    If PE has passed this through to DRP, there's a very good reason for doing so - as per my previous post. I wouldn't be trying to make any contact with PE (stick and hornets' nest!) as it's highly unlikely there's anything you can do now to change things (other than pay them).

    Just continue to ignore DRP letters. It doesn't look like PE will issue court papers, so you've nothing to lose. If, in the unlikely event of court papers arriving, you can reassess your options then. Come back if this happens.
    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.
    • pogofish
    • By pogofish 6th Oct 16, 1:09 PM
    • 7,522 Posts
    • 7,558 Thanks
    pogofish
    Pogofish, thanks yes I read about the DRP and appreciate where you're coming from but this isn't a thread asking what to do about the letters really it's about how to deal with the PCN which I don't have a copy of and as such only have the details from the DRP letter to go off. I should have maybe worded my title better actually but it's my 1st post so apologies.
    Originally posted by Delsbels
    That's what the rest of the thread deals with, don't let tiny details like your no longer having the ticket bog you down or make you think you are somehow very different to anyone with a PPC ticket.
    • Delsbels
    • By Delsbels 6th Oct 16, 11:46 PM
    • 31 Posts
    • 6 Thanks
    Delsbels
    Thanks Umkomaas, I'll play the long game and see where it goes (fingers crossed back under the rock from which it appeared!) Yeah thanks pogofish, I was worrying I'd landed myself in the s**t by not keeping a record of it. I don't want it coming back to bite me on the backside!!
    • Coupon-mad
    • By Coupon-mad 6th Oct 16, 11:52 PM
    • 50,114 Posts
    • 63,496 Thanks
    Coupon-mad
    Worst case scenario is a court claim and then you'd get to see the PCN in evidence (in fact you could ask for a copy at LBCCC stage and would probably be sent it, knowing PE. Not that it would be very likely to help much).

    Worst case money-wise would be paying about the sum DRPlus are asking for, if a Judge tells you to. Bearing in mind this may never go to a small claim and if it did, you can still win if the wind is blowing in the right direction(!) do not pay up when daft old DRP are the only ones telling you to!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Delsbels
    • By Delsbels 13th Oct 16, 11:01 PM
    • 31 Posts
    • 6 Thanks
    Delsbels
    Thanks Coupon Mad, can I ask another quick question in relation to separate PE issue? A family member has received a 2nd letter from PE so we are going to put in an appeal (should have done this straight away but again dodgey advice received beforehand!) They are claiming insufficient time was purchased, a ticket was bought however, due to mobility issues (BB holder) and taking a child to a toilet in the nearest pub they were late departing (I think it's around 20mins from time entered to leaving that hasn't been paid for. They looked to see if additional time could be purchased but wasn't entirely clear if you were just buying another ticket so decided to leave! Is it just a case of sending the 1st appeal (template from newbies thread) and then addressing these points at popla stage or should they be mentioned now? Thanks in advance
    • Coupon-mad
    • By Coupon-mad 13th Oct 16, 11:06 PM
    • 50,114 Posts
    • 63,496 Thanks
    Coupon-mad
    Where there is a Blue Badge I would always attach it when appealing to PE, make sure the RK knows to do this ONLINE not by letter, and not to say they were driving. They can say something like this instead of the template appeal, no reason why not:

    An occupant of the car is disabled - Blue Badge attached - and we understand that the BPA Code of Practice makes it mandatory that operators must allow significantly more time for people with mobility problems who will take more time to access such things as pay and display machines and make payment. In this car park, the driver looked to see if additional time could be purchased but wasn't entirely clear if you were just buying another ticket as the signs were wordy and very high, so the driver and passengers decided to leave and not accept any contract beyond the one already concluded. The grace periods applicable for disabled people must by definition be longer than the bare minimum mentioned for able bodied drivers/passengers, which mean that the time before and after paid-for time was entirely reasonable, given the circumstances.
    Last edited by Coupon-mad; 13-10-2016 at 11:09 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Delsbels
    • By Delsbels 17th Oct 16, 10:39 PM
    • 31 Posts
    • 6 Thanks
    Delsbels
    Thanks so much coupon mad, I'll make sure that's the way to go. Appreciate all the advice given
    • Delsbels
    • By Delsbels 16th Nov 16, 11:22 PM
    • 31 Posts
    • 6 Thanks
    Delsbels
    Hey again, I've had my rejection letter to my 1st appeal as predicted. I've been issued a POPLA no' and so now need to draft my appeal. I've read the sticky a number of times and to be fair don't know where to begin. I've looked for cases in Cumbria but a case similar was rejected at 2nd stage so I don't really want to adapt that appeal to meet mine just in case! Anyone point me in the right direction, pretty please
    • Redx
    • By Redx 16th Nov 16, 11:57 PM
    • 15,516 Posts
    • 19,602 Thanks
    Redx
    read the popla decisions sticky thread from the end backwards up to about sept 01 2016 , especially the CM posts with templates and advice , plus links to successful popla appeals by other members
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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