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  • FIRST POST
    • chambta
    • By chambta 11th Oct 16, 7:38 PM
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    chambta
    Parking Eye & 'Letter Before County Court Claim'.
    • #1
    • 11th Oct 16, 7:38 PM
    Parking Eye & 'Letter Before County Court Claim'. 11th Oct 16 at 7:38 PM
    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)
Page 1
    • waamo
    • By waamo 11th Oct 16, 7:44 PM
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    waamo
    • #2
    • 11th Oct 16, 7:44 PM
    • #2
    • 11th Oct 16, 7:44 PM
    There is a good chance they will issue a claim yes. I suggest reading the sticky threads in this forum.
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 11th Oct 16, 7:52 PM
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    Coupon-mad
    • #3
    • 11th Oct 16, 7:52 PM
    • #3
    • 11th Oct 16, 7:52 PM
    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)
    Originally posted by chambta
    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 in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • chambta
    • By chambta 11th Oct 16, 7:59 PM
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    chambta
    • #4
    • 11th Oct 16, 7:59 PM
    • #4
    • 11th Oct 16, 7:59 PM
    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
    • By Coupon-mad 11th Oct 16, 8:03 PM
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    Coupon-mad
    • #5
    • 11th Oct 16, 8:03 PM
    • #5
    • 11th Oct 16, 8:03 PM
    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 in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • chambta
    • By chambta 11th Oct 16, 8:08 PM
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    chambta
    • #6
    • 11th Oct 16, 8:08 PM
    • #6
    • 11th Oct 16, 8:08 PM
    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.
    Originally posted by Coupon-mad
    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
    • By Coupon-mad 11th Oct 16, 8:12 PM
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    Coupon-mad
    • #7
    • 11th Oct 16, 8:12 PM
    • #7
    • 11th Oct 16, 8:12 PM
    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.
    Last edited by Coupon-mad; 11-10-2016 at 8:17 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • chambta
    • By chambta 11th Oct 16, 8:17 PM
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    • 1,011 Thanks
    chambta
    • #8
    • 11th Oct 16, 8:17 PM
    • #8
    • 11th Oct 16, 8:17 PM
    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
    • By Coupon-mad 11th Oct 16, 8:19 PM
    • 40,525 Posts
    • 52,411 Thanks
    Coupon-mad
    • #9
    • 11th Oct 16, 8:19 PM
    • #9
    • 11th Oct 16, 8:19 PM
    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.
    Last edited by Coupon-mad; 11-10-2016 at 9:41 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • chambta
    • By chambta 11th Oct 16, 8:30 PM
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    chambta
    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
    • By waamo 11th Oct 16, 8:38 PM
    • 795 Posts
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    waamo
    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.
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 11th Oct 16, 8:39 PM
    • 40,525 Posts
    • 52,411 Thanks
    Coupon-mad
    I suppose there's a good chance I hear nothing back from them.
    Originally posted by chambta
    No, there really is NO CHANCE of them not replying or doing something. PE do not drop the ball at this stage.

    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.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • chambta
    • By chambta 11th Oct 16, 8:41 PM
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    chambta
    So lose, lose for them on an individual basis but any 'wins' can be cited as per my letter when attempting to shake down 'offenders'?
    • chambta
    • By chambta 11th Oct 16, 8:42 PM
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    • 1,011 Thanks
    chambta
    No, there really is NO CHANCE of them not replying or doing something. PE do not drop the ball at this stage.

    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.
    Originally posted by Coupon-mad
    I should have been clearer. I meant a reply to the points in my email.

    Thanks for the advice. I sense you enjoy this!
    • Coupon-mad
    • By Coupon-mad 11th Oct 16, 9:02 PM
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    • 52,411 Thanks
    Coupon-mad
    Some of us do enjoy this because we are able to help almost every poster to NOT pay a private parking charge. We regulars make quite a difference in lots of ways, posting help in our own time for free. It's good as a pastime, when you know what to look for and argue in appeals & court defences (easier over time).

    And we are glad to hear you are up for the fight.

    small car-park behind a pub.
    Sounds like one we've had before which was very badly signed. The Crewe Arms or somewhere like that?
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • chambta
    • By chambta 11th Oct 16, 9:23 PM
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    • 1,011 Thanks
    chambta
    I help others on subjects I would consider myself knowledgeable on. This though isn't one of them!

    I reckon if I posted the exact location Parking Eye (reading this no doubt) would know exactly who I was. Not that it changes anything I dare say.
    • Coupon-mad
    • By Coupon-mad 11th Oct 16, 9:39 PM
    • 40,525 Posts
    • 52,411 Thanks
    Coupon-mad
    It really won't matter - different if it was a smaller firm but PE do thousands of these and you showing your face here won't matter IMHO.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • chambta
    • By chambta 11th Oct 16, 9:41 PM
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    • 1,011 Thanks
    chambta
    It was at The Sun Inn, West Bars, Chesterfield.
    • Coupon-mad
    • By Coupon-mad 11th Oct 16, 10:01 PM
    • 40,525 Posts
    • 52,411 Thanks
    Coupon-mad
    https://www.whatdotheyknow.com/request/planning_consent_for_signage_and_2?unfold=1

    No planning applications for the signage there. The Parking Prankster reported about two cases discontinued when a decent defence was submitted about yet another site where they had failed to get advertising consent for the signs, so take heart and you could attack the LBCCC assertively on this basis:

    http://parking-prankster.blogspot.co.uk/2016/08/parkingeye-discontinue-two-cases.html

    ''2.4 The Judge’s attention is also drawn to RTA*. This case is drawn to the Court’s attention for the purposes of evidencing paragraph 34 in which the Judge discusses the relevance of the public law principle going back well over 200 years that no man should profit from his crime; it is submitted that this is particularly relevant in this action. The Judge cited Lord Mansfield CJ to explain that:

    “The principle of public policy is this; ex dolo malo non oritur actio. No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.''



    *References in this defence to RTA are references to RTA (Business Consultants) Limited v Bracewell [2015] EWHC 630 (QB) (12 March 2015).
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • chambta
    • By chambta 11th Oct 16, 10:22 PM
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    • 1,011 Thanks
    chambta
    Wow. Interesting stuff. This actually could be good fun.

    If I were them I'd see me as more trouble than I'm worth if I go in on that angle ahead of any court date.
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