Parking Eye -LBA

Anne75_2

My OH has received a Letter Before Action relating to an incident in Jan 2013. He went into an Aldi Store and afterwards went into another shop across the road!! Because of this they're charging him £70! Ridiculous!

They've put in the letter...

"This was because the requirements of schedule 4 of the Protection of Freedom's Act required for Keeper Liability had been satisfied."

Any idea what this means? Can anyone advise the best course of action for us?

Many thanks!

edward123

It simply means that since Oct 2012 they can pursue the RK rather than the driver as they have not been told who the latter was. They could be one and the same of course.
The enforceableness of of their ticket is the same now as it ever was.
The old advice was to ignore but as Parking Eye appear to be picking on some ignorers and issuing court papers the advice now is to make a 'soft' appeal to them, which they will reject so that you recieve a POPLA code from them and then you appeal to POPLA with a 'hard' appeal and win, ending the scam.
Not quite sure if this is now an option for you and I could be wrong but if your other half now writes to them naming him/herself as the driver that might mean you can do the above???? Someone here more knowledgable will soon verify or deny this. Fear not however....you will not have to pay them anything.

Stroma

So is this England or Wales ?
Has he contacted parking eye at all ?
Is he the registered keeper of the vehicle?
Did he get the notice to keeper within 14 days of the parking?
Do the signs say that he can't go elsewhere?
Has he checked the council to see if the parking is supposed to be for other shops in the area?
Has he made a complaint to the retailer?

Anne75_2

Thank you for your speedy responses.
Here's some more info.....


So is this England or Wales ? England
Has he contacted parking eye at all ? No
Is he the registered keeper of the vehicle? Yes
Did he get the notice to keeper within 14 days of the parking? No, the letter states that they made us aware of a PCN on 10th March 2013 concerning a parking event dated 26th January 2013.
Do the signs say that he can't go elsewhere? He didn't see any signs.
Has he checked the council to see if the parking is supposed to be for other shops in the area? No
Has he made a complaint to the retailer? No, he took no further action when he received the first letter as he thought they wouldn't pursue it!

What do you think the best course of action should be? I really appreciate your advice!

Stroma

Well they cannot pursue the registered keeper for money as they must by law have the Notice to Keeper to you within 14 days of the incident. I would write back and say

Name
Address

Date

Dear Parking Eye

The keeper notes your LBA in relation to the invoice xxxxx dated xxxxx , the keeper can see that you have failed to abide by the Protection of Freedoms Act 2012, the Notice to Keeper is dated past the statuary 14 days for parking.

Therefore if you make any spurious small claims it will be fully defended on your breach of the Protection of Freedoms Act 2012, and the various breaches of the BPA Code of Practice that have come to alight.

Sincerely

The Keeper

Coupon-mad

You'd be best advised IMHO to challenge it then, as suggested by Stroma or with a longer challenge as long as you take care to make no admissions or give away any information.

Nothing to lose by a carefully worded rebuttal of their assertion that the requirements of rk liability 'have been met'.

Be careful NOT to say nor imply who was driving, hence the examples you will see are written in the third person, talking about 'the driver'.

Here's an example of a letter sent to G24 about their Notice to Keeper which failed to specify the 'creditor' (PE had the same problem with their NTKs until May, so that will be missing on yours):

https://forums.moneysavingexpert.com/discussion/4581491

And you can add a paragraph (carefully worded!) to rebut their assertion that they have satisfied the requirements of Schedule 4 of the POF Act 2012, due to the fact that an ANPR-generated fake PCN has to be received by the registered keeper before day 14 and by their own admission they have seriously missed that deadline.

BeanAround

I had an invoice / parking fine letter 6 months ago from Parking Eye. Following up advice on this forum I ignored it and the several subsequent ones.
I've now received a set of real county court papers claiming the fine.
The parking was in England and I haven't replied to anything. I haven't appealed either.
Whats the best approach to resolve it without paying more than the original amount or ideally paying anything.
The parking was in a private shopping centre car park and the paperwork says I overstayed the 4 hours by 1 hour.:(

Stroma

Please don't hijack threads is the first but of advice, create your own
http://forums.moneysavingexpert.com/forumdisplay.php?f=163
You need to acknowledge the claim, defend it in full , and ask for extra time for a defence. Then post on https://www.pepipoo.com for that defence

Guys_Dad

Stroma wrote: »

Well they cannot pursue the registered keeper for money as they must by law have the Notice to Keeper to you within 14 days of the incident. I would write back and say

This is correct, as long as they didn't attach a ticket to the windscreen. In that event, they must NOT contact the DVLA until 28 days have elapsed. They then have a grace period to send you the NTK. Not sure how long that is, but if 14 days, then they are compliant.

So, was there a ticket on the car? If so, you can't use stroma's letter as it stands.

You might like to look at this site http://www.parkingcowboys.co.uk/keeper-liability/ for more information on their obligations. Suggest you tick off where they complied and where they failed and come back.

Hope it helps.

Stroma

This is parking eye , so almost certainly an ANPR fake ticket

Fergie76

How would ANPR know that he left the site though?