LBA parking notice - what to do?

RK91

In January I recieved a penalty notice from Parking Eye for overstaying a free carpark by 13 minutes. After reading forums I followed the advice to ignore the standard chain of letters and that after the 3rd one they would give up. I believed they had until I recieved a LBA this weekend stating this could go to court etc.

Could someone please advise me on what to do?
I've been reading through every relative thread but am very confused by the way things are phrased/abbreviations etc.
Is it too late to do a POPLA appeal?

I do not want this to proceed to court, and I definately don't want to pay for something that was free as it's clearly stated everywhere that they are scammers.

Any help would be extremely appreciated.

Stroma

Okay a few things

1) is this England or Wales ?
2) were you over 18 at the time of the ticket?
3) are you the registered keeper of the vehicle?
4) was anyone else driving the vehicle ?
5) did you receive the notice to keeper (first letter) within 14 days?


Thanks

Coupon-mad

Same thread every day, arriving like buses:

PARKING EYE LETTER BEFORE ACTION

PARKING EYE LETTER BEFORE ACTION

PARKING EYE LETTER BEFORE ACTION

PARKING EYE LETTER BEFORE ACTION

PARKING EYE LETTER BEFORE ACTION


easily found with a quick search of the parking forum or even just scrolling down a bit. Come back for more advice if you need help to word your response, and do answer Stroma's questions as it helps us to see the individual case details beneath the 'same old' thread and to advise accordingly, if you need more help after reading other replies already given every day.

RK91

Hi Stroma,
it's England, yes over 18, I am the RK, I was driving and I'm pretty sure it did arrive within 14 days. Last week I was very stupid and destroyed the letter as I thought it was over as I hadn't been contacted in months so I'm not entirely sure on dates but I remember it being quite swift.

Guys_Dad

RK91 wrote: »

Hi Stroma,
it's England, yes over 18, I am the RK, I was driving and I'm pretty sure it did arrive within 14 days. Last week I was very stupid and destroyed the letter as I thought it was over as I hadn't been contacted in months so I'm not entirely sure on dates but I remember it being quite swift.

Well, you are out of time for POPLA, so you either pay or wait for the Northampton Court papers.

Then come back here for a court defence. Don't destroy that one!

Stroma

Guys_Dad wrote: »

Well, you are out of time for POPLA, so you either pay or wait for the Northampton Court papers.

Then come back here for a court defence. Don't destroy that one!

Or send this off to them, just adapt it to your needs - courtesy of a pepipoo user

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]

RK91

I've just re-read the LBA which states the concerened parking event was on the 13th of December and I was made aware on the 23rd of January which is well past the 14 days of incident.

Guys_Dad

RK91 wrote: »

I've just re-read the LBA which states the concerened parking event was on the 13th of December and I was made aware on the 23rd of January which is well past the 14 days of incident.

Interesting. Could make a difference. Can we have the relevant wording here?

Also, did you get a windscreen notice at the time. It makes a difference.

Does the LBA use the words Notice to Keeper anywhere in referring to the January letter?

As I said, lets have the wording, suitably edited to remove your identifiable details,

RK91

I didn't get a windscreen notice, just a letter through the post.
The letter begins "On the 23rd of January 2013 we made you aware, as the registered keeper of this vehicle, you had become liable for a parking charge notice , which concerned a parking event dated the 13th of December 2012 at..."

Coupon-mad

RK91 wrote: »

I didn't get a windscreen notice, just a letter through the post.
The letter begins "On the 23rd of January 2013 we made you aware, as the registered keeper of this vehicle, you had become liable for a parking charge notice , which concerned a parking event dated the 13th of December 2012 at..."

We get this posted every week and that bit above doesn't help your situation.

The 'keeper liability letter' would indeed have been issued after about seven or eight weeks but that was the second letter.

The Notice to Keeper (the first one with the car photos on it) is the one you should have kept to see what the date of that was. Please dig it out, hope you didn't bin everything (we never advise that) as you've chucked out your appeal evidence if so.

Stroma

Well they are admitting then that they are acting not in accordance to the Protection of Freedoms Act 2012 and the BPA Code of Practice.

It's worth in addition to everything else to making a complaint to the dvla as they are not acting within the dpa - foi@dvla.gsi.gov.uk - scan the letter in without editing any of it