ParkingEye - parking charge notice

rambo007

hi, I have read a few threads on here and apologise in advance but there seems to sometimes be a conflicting view on what to do.
the majority, overwhelmingly, seem to suggest ignore, however, some suggest you will be issued with a court summons etc.

I have received a notice for £100, reduced to £60, if paid within 14 days.

it shows car and reg, no driver shot, or more importantly a shot showing the actual parking, just an arriving and leaving picture, along with the time difference.

what should I do, I am happy for just one answer, obviously being the right one, but is there any chance I could be pursued or taken to court for payment etc.

this is the first time I have received such a notice and to be fair are a little unsure as to what to do, of course I don't want to pay , and if I was pursued then I would insist I pay £1 per week or month even etc, but before I do anything I wanted to get some advice.

I have as yet made any correspondence back and have no intention too at all, if that's the best advice.

thanks everyone in advance and sorry if this appears to be covering the same old ground again.

thanks and apologies.
Mr R.

Coupon-mad

Every thread is about this. If it's in Scotland ignore it.

If it's in England appeal it or ignore it (and read up on POPLA if you decide appealing is for you, because the wording will not be what you think).

Read any other fake PCN scam threads from today and you'll see. There is NO conflicting information in the current advice.

BTW the MAJORITY DO NOT ADVISE IGNORING now. You have read pre-2013 threads haven't you?!

rambo007

hi, ive posted here last week. still uncertain as to what to do as still in the initial phases of receiving the first letter.
I did park in the wrong area and hadn't seen the signage, so if I appeal on what basis etc, just worried as i did do what they have billed me for
sorry, just wondering what to do still.
it was parking eye and they have my entering and leaving the premises.

my original post is id = 60861565

I cannot post a link as im a newbie

bargepole

rambo007 wrote: »

hi, ive posted here last week. still uncertain as to what to do as still in the initial phases of receiving the first letter.
I did park in the wrong area and hadn't seen the signage, so if I appeal on what basis etc, just worried as i did do what they have billed me for
sorry, just wondering what to do still.
it was parking eye and they have my entering and leaving the premises.

my original post is id = 60861565

I cannot post a link as im a newbie

You need to appeal to Parking Eye in the first instance. I would no longer recommend ignoring, as this company is now issuing court claims against anyone who ignores their letters.

Your appeal should be succinct, along the lines of the fact that their signage wasn't clearly displayed.

They must accept or reject your appeal within 35 days, and if they reject it, they must give you a code to appeal to POPLA, the "independent" adjudicator.

Almost every appeal to POPLA is a slam-dunk win, if you include a demand that PE produce a copy of their contract with the landowner which authorises them to pursue parking charges through the courts. They never want to do that, for reasons we can only guess at.

Stroma

bargepole wrote: »

You need to appeal to Parking Eye in the first instance. I would no longer recommend ignoring, as this company is now issuing court claims against anyone who ignores their letters.

Your appeal should be succinct, along the lines of the fact that their signage wasn't clearly displayed.

They must accept or reject your appeal within 35 days, and if they reject it, they must give you a code to appeal to POPLA, the "independent" adjudicator.

Almost every appeal to POPLA is a slam-dunk win, if you include a demand that PE produce a copy of their contract with the landowner which authorises them to pursue parking charges through the courts. They never want to do that, for reasons we can only guess at.

Yes they are issuing claims against ignorers. But I have a problem with you saying 'anyone who ignores' this is plainly not true otherwise they'd be making about 150k claims, this will never happen.

We should be advising on all options including ignore and pay, then advise accordingly to what the OP wants to do. We shouldn't be making decisions for people asking questions.

Ignore works in a vast majority of times providing they haven't contacted the parking company previously, hasn't identified themselves on fora like this, and they prepared for the junk mail.

bargepole

Stroma wrote: »

Yes they are issuing claims against ignorers. But I have a problem with you saying 'anyone who ignores' this is plainly not true otherwise they'd be making about 150k claims, this will never happen. ...

According to someone with inside knowledge, they now have a dedicated department which is issuing "hundreds" of claims every week. So an annual figure of 25k claims is not unrealistic.

While it was true that ignoring was the best strategy previously, when they hardly ever took anyone to court, I don't believe it is now, especially when you consider how easy it is to win at POPLA.

Stroma

I find that hard to believe to be honest, I don't know where the source is coming from, but if there were hundreds of claims issued, this forum would be inundated with parking eye claim threads. Yes they are doing claims, but I don't think in the numbers you suggest.

Coupon-mad

rambo007 wrote: »

hi, I have read a few threads on here and apologise in advance but there seems to sometimes be a conflicting view on what to do.
the majority, overwhelmingly, seem to suggest ignore, however, some suggest you will be issued with a court summons etc.

I have received a notice for £100, reduced to £60, if paid within 14 days.

it shows car and reg, no driver shot, or more importantly a shot showing the actual parking, just an arriving and leaving picture, along with the time difference.

what should I do, I am happy for just one answer, obviously being the right one, but is there any chance I could be pursued or taken to court for payment etc.

this is the first time I have received such a notice and to be fair are a little unsure as to what to do, of course I don't want to pay , and if I was pursued then I would insist I pay £1 per week or month even etc, but before I do anything I wanted to get some advice.

I have as yet made any correspondence back and have no intention too at all, if that's the best advice.

thanks everyone in advance and sorry if this appears to be covering the same old ground again.

thanks and apologies.
Mr R.

No need to apologise - the Parking Company should apologise for their misleading rubbish but they won't. So beat them at POPLA instead! PE have been beaten at POPLA a few times already and there are several more good strong appeals in hand with POPLA right now. I fully expect those posters to win as well.

As long as this was in England/Wales then POPLA can tell them to cancel the thing.

And if you don't win at POPLA, you are just back to square one and can ignore them (whilst PE have issued some small claims they are clearly seeking out badly-defended cases or idiots who will roll over and pay them). The fact is that PE small claims are rare, and defendable - pepipoo forum can help people with that in the rare event of it happening. It's not a 'summons' either, small claims is simply one party saying 'oi that other party owes me money' and the other party showing that the first one is wrong.

So you simply need to appeal to the Parking company before you can take it to stage 2 (POPLA).

Consider a few points, look at the date & details on the letter; have they met the requirements for registered keeper liability?

http://www.parkingcowboys.co.uk/keeper-liability/

Then look to word something as forceful as this as your first appeal (no mitigating circumstances here you'll notice but DO NOT copy it as PE have seen it before):

http://www.parkingcowboys.co.uk/appeal-letter/

...or like the shorter letter citing BPA Code breaches, used in this thread (see middle pic in the first post, bear in mind your breaches you identify may not be the same as these of course):

http://forums.pepipoo.com/index.php?showtopic=78547

Then if PE reject, check other stuff as I just mentioned in post #7 of this thread and include LOADS of demands and grounds of appeal in a POPLA submission (which costs the PPC money and is only binding on them, not you).

Do post a draft of what you are thinking of sending to PE if you want further advice at this stage but TBH you'll probably get a rejection letter headed up EYE01 (standard 'computer says no' letter that everyone sems to get from PE). More important is that you seek advice again when drafting your POPLA appeal which is the important one to get spot-on.


HTH

Kite2010

bargepole wrote: »

According to someone with inside knowledge, they now have a dedicated department which is issuing "hundreds" of claims every week. So an annual figure of 25k claims is not unrealistic.

While it was true that ignoring was the best strategy previously, when they hardly ever took anyone to court, I don't believe it is now, especially when you consider how easy it is to win at POPLA.

And has any of those "hundreds" of cases reached court?

Or are Parking Spy going to do a Hasbeen and drop the cases as soon as a defence is entered?

bargepole

Kite2010 wrote: »

And has any of those "hundreds" of cases reached court?

Or are Parking Spy going to do a Hasbeen and drop the cases as soon as a defence is entered?

It doesn't work like that.

Once Northampton receive a defence, a Directions Questionnaire is sent out to both parties, and the case is transferred to the defendant's local court, where a hearing date is allocated. Some of those which I've helped with defences, have been allocated hearing dates, which are in July / August / Sept.

PE have a deadline of 14 days before the hearing date, to pay the hearing fee, so no decision needs to be made just yet. In the meantime, they are sending out more letters to defendants, trying to get them to settle without going to court, due to the overwhelming strength of PE's case - these letters quote the case of Combined Parking Solutions v Stephen Thomas (Oldham, 2008) which as we all know, is a landmark case and definitely not a set up. (Perky told us, so it must be true).

PE, even with their resources, cannot possibly attend all these hearings around the country, and it's unlikely that they would risk going to court and losing, as the resultant publicity would undermine their position.

The ones we see on the forums are only a small percentage of the total claims issued; I would guess that over half the recipients simply pay up to avoid stress and worry, which is what PE are banking on.

Redhead1234

I had one of these parking eye letters today