Parking Eye PCN - Is it worth appealing if I'm not prepared to go to court?

MonkeyJim_2

Hi all

Apologies for another thread, but I've spent the last couple of hours reading other threads and websites that I've kind of lost the will to live!

I've received a PCN from Parking Eye today (first letter). I don't want to pay them, but equally if they take the case to court, I'd pay up rather than try and defend it in court, as I don't have the confidence to actually go there and defend it, and can do without the stress it'd cause me.

So basically my question is, should I just pay the reduced fee now, or should I appeal and see where it goes? I notice that PE are taking a lot more cases to court now, and presumably if you appeal and lose (most likely scenario) I would then be unable to settle at the discounted rate?

Thanks in advance!

stinky_daddy

Don't pay them and do not communicate with them.

They will continue to contact you threatening court action but do not acknowledge the letter (as I am sure you have seen in the various threads you have read).

This is not a penalty charge but is actually an invoice and you are not obligated to pay it.

More advice can either be found on here or at pepipoo.com (if I have spelt that correctly).

HTH

s_d

MonkeyJim_2

stinky_daddy wrote: »

Don't pay them and do not communicate with them.

They will continue to contact you threatening court action but do not acknowledge the letter (as I am sure you have seen in the various threads you have read).

This is not a penalty charge but is actually an invoice and you are not obligated to pay it.

More advice can either be found on here or at pepipoo.com (if I have spelt that correctly).

HTH

s_d

Hi

Many thanks for your reply. A lot of what I've been reading says that it's not advisable to ignore them anymore due to the change in the law last October, which allows them to pursue the registered keeper?

FatAndy

MonkeyJim wrote: »

Hi

Many thanks for your reply. A lot of what I've been reading says that it's not advisable to ignore them anymore due to the change in the law last October, which allows them to pursue the registered keeper?

You need to firstly appeal to Parking Lie, although don't waste too much time on this as they'll reject your appeal regardless of what you say. When they send your rejection letter they should provide you with a code to appeal to POPLA. POPLA is a (supposedly) independent appeals process whose rulings are binding on PPCs. Once you've received your POPLA code register with and post on Pepipoo where you should be given advice on how to word your appeal in such a way POPLA have no option but to uphold it. If POPLA do for some reason side with Parking Lie that's not a problem as the ruling is only binding on the PPC and not on you. The added bonus is that the appeal will cost Parking Lie £27 + VAT so they'll be the ones out of pocket .

nigelbb

MonkeyJim wrote: »

Hi

Many thanks for your reply. A lot of what I've been reading says that it's not advisable to ignore them anymore due to the change in the law last October, which allows them to pursue the registered keeper?

stinky_daddy's advice used to be what was recommended & is still good advice for Scotland & NI but is now very bad advice for England & Wales.

Follow FatAndy's advice and it won't come near court as it will get squished at POPLA.

Stroma

It would be helpful if we knew where in the UK you are, we don't need specifics just if its in England or Wales . Thanks

MonkeyJim_2

Stroma wrote: »

It would be helpful if we knew where in the UK you are, we don't need specifics just if its in England or Wales . Thanks

Apologies I should have said - i'm in England.

Stroma

MonkeyJim wrote: »

Apologies I should have said - i'm in England.

Thanks

I would advise that post #4 would be the best option. However ignore is still an option as they cannot take everyone who ignores to court, currently that figure is about 300k a year. Though by ignoring there is an increased chance of going there.

The third option is to fund this scam by paying this unlawful penalty charge from them. But please complain to the retailer on this, demand they cancel it as you are a customer, show receipts don't be fobbed off by them. Are you disabled by any chance?

MonkeyJim_2

Stroma wrote: »

Thanks

I would advise that post #4 would be the best option. However ignore is still an option as they cannot take everyone who ignores to court, currently that figure is about 300k a year. Though by ignoring there is an increased chance of going there.

The third option is to fund this scam by paying this unlawful penalty charge from them. But please complain to the retailer on this, demand they cancel it as you are a customer, show receipts don't be fobbed off by them. Are you disabled by any chance?

Thank you. No I'm not disabled. I don't have any real excuse for outstaying the free time period in the car park. It was at a multi-store retail park, and we just got carried away shopping around. Didn't spend anything of great significance, and I doubt any of the stores would have the sway to get it waived as it's not just their car park?

Stroma

Regardless of how much spent you were a client of the retailers involved, I would scan/photo those receipts into a challenge to them. They may say that you must spend £30 or more, but they won't have a leg to stand on at popla or the small claims as no such condition exists and will be disregarded as there can be no loss

MonkeyJim_2

Stroma wrote: »

Regardless of how much spent you were a client of the retailers involved, I would scan/photo those receipts into a challenge to them. They may say that you must spend £30 or more, but they won't have a leg to stand on at popla or the small claims as no such condition exists and will be disregarded as there can be no loss

Funnily enough we spent just over £30 in one of the stores, so will be interesting to see if that gives us any lee-way with PE.

Thanks for all the advice - I'll send off an appeal to PE with a receipt from the store that we made a purchase in and see what happens.