3rd letter from parking eye

Jaybo1973

Hi guys

After following the advice from friends and researching online, I have ignored a £85 fine from parking eye. Today we received letter number 3 and the final chance to pay before action is taken. I am starting to panic now; solicitors and court is being mentioned.

Please advise.

Many thanks

edward123

Is that your real name. If so please remove it as PPC's read posts and you do not wish to identify yourself to them.
There are hundreds of threads about Parking Eye on here. At the top of the forum's home page you will find "Search this forum." Put in Parking Eye, ignore, court" and you will inform yourself. Your situation is no different from hundreds even thousands who have ignored and the thing has took its course and finished. The threat of solicitor and court are empty threats and nowt to worry about. However, with Parking Eye they have become recently litigious and are issuing court papers to a (relatively) few 'ignorers'. Its unlikely with you as it is with most others issued a fake invoice by Parking Eye. So, just stop panicking. The thing is to sit tight and if they do the above come back here and knowledgeable forum regulars will help you with a defence which will either chase off Parking Eye or if they daft enough to try court you will win. But remember, this scenario is still very unlikely.
The above is based on taking it you are beyond using POPLA.

Jaybo1973

Thanks. Should of checked first I guess but came straight on in a panic and almost reached for the check book.

edward123

In the very unlikely event you get court papers come back here and resurrect this thread .

(Some here might wish to ask you some questions to see if PE can be chased off before this very unlikely event.)

Umkomaas

I think things are too far down the ignore route to find any other way, unless you were not the driver on the day. If someone else was the driver then you could pass his/her name to PE and they would have to restart the process by chasing him/her. That would provide an avenue to POPLA.

No need to confirm one way or other on this thread, but if you weren't the driver drop me a PM and I'll advise from there. Otherwise it's as per edward123's advice.

bazster

If you originally received the standard EYE01 notice to keeper, this is in my opinion non-compliant with POFA therefore there is no keeper liability.

http://forums.pepipoo.com/index.php?showtopic=74087

POFA requires the NtK to describe the circumstances in which the charge arose, but EYE01 fails to do that. Instead, it merely gives this vague catch-all:

By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted...

So it fails to tell you why you are being charged. Is it an overstay in a free car park? Or is it a failure to pay in a paid car park? Beats me!

So, IMNSHO, it's non-compliant and hence there is no keeper liability. If you originally got one of these then keep it safe 'cos it could blow them right out the water if they are stupid enough to try to take you to court.

Jaybo1973

Yes the original letter is the EYE01. We were shopping in sports direct and accidentally went over our free parking allowance. You are supposed to pay after that time. We were that busy with our 4 year old twins, we lost track of time.

bazster

Jaybo1973 wrote: »

Yes the original letter is the EYE01. We were shopping in sports direct and accidentally went over our free parking allowance. You are supposed to pay after that time. We were that busy with our 4 year old twins, we lost track of time.

And it has the wording I showed above in italics?

And how many days after the alleged incident did you receive the first notice? Sometimes they send them too late to be valid.

Come back here and let us know the following:

- Was there a notice stuck to the car?
- How many days were there between the alleged event and the date of the first notice in the post?
- How many days were there between the alleged event and the date you received the first notice in the post?

Seems to me you have two options:

1. Write to Parking Eye along the following lines:

Your Notice to Keeper dated ??/??/???? does not comply with the requirements of the Protection of Freedoms Act 2012 (POFA). It fails to describe the specific circumstances in which the requirement to pay this charge allegedly arose as required under Schedule 4, 9(2)(c) i.e. it does not specify the nature of the alleged breach, all it does is to list some possibilities. So, the keeper has not been served with a POFA-compliant Notice to Keeper within the 14-day timescale prescribed by the POFA, therefore the keeper cannot be held liable for this charge. This matter is now closed and no further correspondence will be entered into.

But check the dates first, we'll change the above wording if there is mileage in the timings too. And say nothing else - and, particularly, say nothing about who was driving the car at the time.

2. Just continue to ignore. Do be aware, though, that Parking Eye have become very litigious recently and there is a real chance of them bringing a court case - which you would likely win with the right help.

trisontana

Can I correct that slightly? At the moment they are sending out hundreds of court papers. Whether they will actually take people to court is another matter. They may just be using court papers as a way of frightening people into paying up.

bazster

trisontana wrote: »

Can I correct that slightly? At they moment they are sending out hundreds of court papers. Whether they will actually take people to court is another matter. They may just be using court papers as a way of frightening people into paying up.

Yep, thanks for the correction.

edward123

bazster wrote: »

Yep, thanks for the correction.

I inadvertently reported your post as spam! Didn't mean to or it.