Parking Eye scum!

muckybutt

Its already been paid though regardless of who was driving, ppc now have their money therefore case closed as far as they are concerned.

muckybutt

bazster wrote: »

Just an idle thought, but if you got a judgement against a PPC and they didn't pay, could a bailiff go to a car park and seize their cameras and signs?

They could do but they wouldnt as there is no money in it, bailiffs will only go to recover items they can sell to make up the debt owed, even tv's nowadays will only fetch a few quid at a bailiff auction.

bargepole

muckybutt wrote: »

They could do but they wouldnt as there is no money in it, bailiffs will only go to recover items they can sell to make up the debt owed, even tv's nowadays will only fetch a few quid at a bailiff auction.

It's unlikely that bailiffs would go to a car park operated by a PPC, they would go to the company's head office. If it was a substantial outfit such as Parking Eye, there would be computers and other office equipment that could be seized to cover the debt.

devonlad

Sounds ever so complicated all of this. But follow your heart

Coupon-mad

tonytone123 wrote: »

Ive had some legal advice this afternoon from the young lady who took Parking Eye to court and won, and she is telling me that after the 14 days have expired after my mothers letter was sent, then to take them to the small claims court on the basis that the contract is between myself and scumbag parking company.

Anyway there is a very good website called www dot offmotorway dotcom for people who wish to avoid Welcome Break and such places who use Big brother technology and similar companies to Parking Eye!

I'll let you know the outcome in the coming months and thanks for your help.

The claim will have to be made in your Mum's name of course if it was her payment, her bank account.

Don't forget to add in the cost of the Court fees and interest at 8% and £18 per hour standard 'litigant in person' rate for small claims, maybe just an hour or two or the judge won't entertain it IMHO. Maybe even a little extra £100 or something, for damages for distress, since she was so intimidated that she paid a charge that she wasn't liable for which then had significant adverse repercussions for the family?

Good luck.

tonytone123

This is the letter that is due to be sent. Ive looked at the code of practice parking association and its quite clear the contract is between me (the driver) and them.

I Mr. H**** (my father) received a threatening letter from Parking Eye stating that if My wife MRS H***** didn’t pay the sum of £60 for a parking offence by the 1st August which was pretty much right away that the fine would rise to £120.

The car with the registration plate NX54 is registered in my wife Mrs H****** name, so I wrongly presumed she had parked in this car park thus had a contractual obligation with the land owner.

My wife is a retired pensioner who has been suffering with ill health the last few years so rather then worry her about the bill I paid it without realising she was not the driver of the car at this time. Since this time it has came to my notice that a Mr A H****** was the driver I am sure the DVLA has his details.

According the “British Parking Association" who Parking Eye are a member of under section B1 of the “Code of Practice” it clearly states the contract is between the driver who is a Mr A H****** thus the contract is formed between the person that entered the car park and the landowner. As Mrs H****** did not enter the car park therefore she did not enter any contract with Welcome Break or Parking Eye thus she should not be liable for any charge. It is the driver that is responsible so legally she did not owe them the money.

I am notifying Parking Eye who issued the bill and Welcome Break who I believe are the owners of the land to get this wrongly paid sum of £60 refunded.

I would like to sort this out amicably, but failing this after speaking to my solicitor a Ms A**** from ***** Solicitors i have been advised court proceedings will have to be issued to recover the money.

Coupon-mad

The letter should not be from you then. As I said, your Mum needs to be the appellant so your Mum needs to send a Letter Before Action to Parking Eye and also a copy to whoever contracted them at that car park (more chance of common sense and a settlement out of Court by including a real firm with assets who won't relish Court).

That is not a Letter Before Action (LBA) it's too lightweight and is from the wrong person.

tonytone123

Coupon-mad wrote: »

The letter should not be from you then. As I said, your Mum needs to be the appellant so your Mum needs to send a Letter Before Action to Parking Eye and also a copy to whoever contracted them at that car park (more chance of common sense and a settlement out of Court by including a real firm with assets who won't relish Court).

That is not a Letter Before Action (LBA) it's too lightweight and is from the wrong person.

It is from my mother i just wrote it, it will be signed by her.

WHat further info should i put in to make it a LBA?

bazster

muckybutt wrote: »

They could do but they wouldnt as there is no money in it, bailiffs will only go to recover items they can sell to make up the debt owed, even tv's nowadays will only fetch a few quid at a bailiff auction.

Scrap aluminium (i.e. signs) is worth a bit I believe.

Coupon-mad

tonytone123 wrote: »

It is from my mother i just wrote it, it will be signed by her.

WHat further info should i put in to make it a LBA?

It reads from your Dad though, talks about 'my wife'.

It needs to come from whoever paid the money over, because that person is claiming the money back. So should be from your Mum.

Just head it up 'Letter Before Action' and say summat like:

'Take formal notice:

I received an intimidating letter from Parking Eye demanding £xx as I am the registered keeper of vehicle xxx xxxx; it impersonated a parking ticket and, panicking, I paid it. Parking Eye were acting as agents for xxxxx (owner or managing agent or retail occupier of car park, whoever got the scammers in, who you need to also name in your Court claim).

I have now discovered that the registered keeper is not in fact responsible for such an extortionate charge, when not driving (as I was not). As such, there was no contract whatsoever in existence between myself and Parking Eye. In addition, I have discovered that a private parking company has no legal right to enforce charges anyway on land that they do not own or have a proprietal interest in (VCS -v- HMRC refers, May 2012).

Parking Eye made none of this clear and I was frightened into paying the amount demanded because the letter was addressed to me and impersonated authority.

This has caused huge distress and a falling-out within the family when it was realised that I had paid a spurious 'charge' which was not my responsibility and was basically an unenforceable threat dressed up as a parking ticket. I am a pensioner and feel shocked that xxxxx (first party) caused such upset and loss to me by allowing their agent, Parking Eye, to effectively farm the car park for my vehicle data, then issue misleading letters containing baseless threats. I now know that private firms cannot issue fines at all.

I hold xxxxxxx (name whoever contracted the PPC) and Parking Eye as their agent, as jointly and severally liable for the following claim:

a) £xx (amount of fake PCN) plus
b) £xx (maybe the same amount again?) as damages for distress caused

plus (if not settled within 14 days)
c)Court fees and travel expenses, plus
d) interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to your Mum = the date she paid) at the same rate up to the date of judgment or earlier payment at a daily rate of £… (put in daily rate of interest).

If I do not receive a full and final settlement within 14 days for the full amount of a) plus b) above = £xxx (cheque payable to Mrs xx xxxxxx) then I will proceed without further notice to lodge a claim in the Small Claims track which will then add additional costs c) plus d) to the amount due.'


...or words to that effect. See this link for details of the procedure and about the interest daily rate calculation. SEND THE LBA TO BOTH PARTIES and if you like, use recorded delivery (costs a quid or so each letter). Or get a certificate of posting from the Post Office (free slip from the Counter clerk).