Parking Eye Letter Before Action

Umkomaas

Muffin_The_Mule wrote: »

Sorry chaps, nothing doing, I can't post the links even without the http part.

Coupon Mad Sir!!
If I pm the links (if I can) will you post them up please?

MTM

I'm sure 'Sir' Coupon-mad will :rotfl:

Psssst - 'Sir' should be addressed as 'Lady'

Muffin_The_Mule

Oops.....!!!!
Sorry, no offence intended.
I'll PM the links off.

In preparation for the pics coming up.
After I had the LBA I sent a letter off to PE similar to this.

"Dear Parking Eye
[Parking Charge Ref.]

I have just received your letter before action dated [DATE]. Please note that I have receipts to prove that the driver and passengers of the relevant vehicle were genuine customers when using the parking facilities related to this case.

As you are aware, it is necessary for both parties in any dispute to exhaust all possibilities of resolution prior to the commencement of court proceedings . Therefore, I suggest that you issue me with a POPLA verification code for me to refer the matter for independent adjudication - I understand that ParkingEye Ltd. does not recognise the 35 day rule stipulated by the BPA Ltd Code of Practice (version 1 and 2), therefore issuing POPLA verification code now should not pose any procedural problem for your company.
In addition I require:

1. The name and address of the party who contracted with Parking Eye for the provision of their services
2. The name and address of the landowner if different from 1
3. An itemised breakdown of your losses as a result of this parking incident
4. An itemised breakdown of the landowner's losses as a result of this incident
5. An explanation of how the requirements of schedule 4 of POFA giving you the conditional right to pursue the keeper have been satisfied.

Alternatively you could simply cancel the charge.

Kind regards
[PRINT YOUR NAME HERE - no need to sign]"

There was additional information asked for in line with advice from Coupon Mad and Storma that I do not want to go into yet.

Parking eye have now responded and the letter will hopefully be posted up in due course.
Needless to say that they have answered none of the questions or provided the information asked for.

So in light of this what now?
Do I wait for the court papers or do I respond saying that as they have not provided the information I require I will take it that there is nothing to legally inforce the parking charge I now consider the matter closed?

MTM

MTM

Coupon-mad

You got a standard letter that PE have sent a few times recently, it's like this one.

PE Letter example

That one comes from this thread on pepipoo:

http://forums.pepipoo.com/index.php?showtopic=80538&st=20

So if it were me I would respond again, pointing out that they have not answered your points at all and as you have now named the driver and given an address for service, continued correspondence with you is harassment because you are the wrong person to pursue, under the POFA 2012.

Say that unless they now write to the driver and cease contact with you, their actions will be reported as an official complaint to the BPA and DVLA AOS Compliance Manager.

In addition, say that their so-called 'Letter Before Action' was a generic template threat which failed to meet the requirements of the Practice Direction on Pre-Action Conduct. As they are a company with a Legal Dept and you are an individual who has already discharged any liability in your previous response, you strongly suggest they take the matter up with the driver now over this matter. This would include allowing that person the right to appeal the matter, including POPLA, which is after all the parking industry's own ADR which has so far not been extended to the driver.

https://forums.moneysavingexpert.com/discussion/4705657

See that thread and why not send a pm to the thread starter for their opinion?




P.S yep I am female and I post as SchoolRunMum on pepipoo.

zzzLazyDaisy

Hi, Just to say I agree with coupon-mad's advice, but would just beef the letter up slightly re the Practice Direction.

So I'd follow CM's advice and:

say that their so-called 'Letter Before Action' is a generic template threat which failed to meet the requirements of the Practice Direction on Pre-Action Conduct and I draw your attention to para 4 concerning the court’s powers to impose sanctions against the Claimant for failure to comply with the Practice Direction.

Then say everything else

And then end the letter by saying something like:

If, despite the comments contained in the letter, the Claimant persists in its ill-conceived court action against me, I shall make an immediate application to the court to strike out the proceedings as there is no legal cause of action against me. I reserve the right to produce this course of correspondence to the court in support of an application for costs under CPR 27.14(2)(g)

I trust this will not be necessary and I invite you to confirm that the Claimant will now desist from harassing me in this manner, and send a Notice to Driver as it is legally obliged to do.


Hope this helps

Dx

EDIT - I have come across one case where PE has sent the standard letter to the Registered Keeper and continued to harass them with court process letters even AFTER sending the NtD to the driver and even though the driver is now appealing. So if the driver does appeal - write back as the RK and repeat your request for confirmation that they will not now be continuing with the threatened court action against the registered keeper.