parking eye- letter before action (court proceedings will be issued)

starshinning

Have I reached teh point where I have to pay? I stayed to long in a service station I didnt see any signs stating how long I could stay.

I have had 2 letters and ignored them. I now have one titled LETTER BEFORE ACTION-

it says in the bottom line that if I dont pay £100 within 14 days further action WILL be taken and COURT PROCEEDINGS will be issued, which will occur further costs.

Is it time to just pay?

anyone else had this happen? what happened?

Thank you in advance

Stroma

It's likely that they will proceed to court if you don't reply to the lba from them, the guys over on pepipoo.com suggest sending the following




Dear Parking Eye
Re PCN

I have just received your letter before action dated .... and deny any liability for this unlawful penalty.

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 . I suggest that you issue me with a POPLA verification code for me to refer the matter for independent adjudication . 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 making the keeper liable have been satisfied.

Alternatively you could simply cancel the charge .

Kind regards

starshinning

has anyone sent the letter above and what happened next? thanks x

Stroma

Lots of people have sent this letter, it helps with any claim they could initiate, a defence of any small claim is available with help from trusted members of this forum and pepipoo.com . Things are very dynamic with parking companies particularly parking eye and civil enforcement.

We adapt to what they come up with, and as they monitor this forum very closely they adapt to what we advise. But it doesn't go away from parking companies issuing unlawful penalties, and that is where a defence of claim is around

Coupon-mad

starshinning wrote: »

has anyone sent the letter above and what happened next? thanks x

Just a few of those that have! The letter comes from pepipoo forum:

http://forums.pepipoo.com/index.php?showtopic=80930

http://forums.pepipoo.com/index.php?showtopic=81018

http://forums.pepipoo.com/index.php?showtopic=81151

http://forums.pepipoo.com/index.php?showtopic=80891

http://forums.pepipoo.com/index.php?showtopic=80903

http://forums.pepipoo.com/index.php?showtopic=80892

http://forums.pepipoo.com/index.php?showtopic=80899

http://forums.pepipoo.com/index.php?showtopic=80898

http://forums.pepipoo.com/index.php?showtopic=80927

We know that a strong response is likely to be the best thing to do so you could even add some more meat to the bones and word your response more like a defence. 'Ian Williamson' posted this to help Aldi customer victims of Parking Eye who have got a Small Claim, but you could adapt it into a rebuttal letter at this stage:

http://forums.moneysavingexpert.com/...7#post62390347

Summarises what to cover in most defences against most PPC fake PCNs which go to a small claim, and gives a summary of what happens when.

And if you have a receipt from a shop at the car park that day (if it was a shoppers car park) then include a copy of that too as PE do sometimes cancel when a person can show themselves as a genuine customer. Try everything but written strongly not a begging letter, no 'please/thankyou'!!

And here's an example where another PPC folded when they received a strong response (wasn't at LBA stage but UKCPS also do Court, and yet they folded when they saw a strong response from someone who meant business):

http://forums.pepipoo.com/index.php?showtopic=79697&st=0

Fight back against the bullying and ALSO if this was a Supermarket or retail park then complain in writing to the TOP person (CEO) right now about this utter scam and intimidation by their agent, to a customer. Demand to know what the Store/Retail Park is going to do to protect its good reputation and to avoid the current Aldi facebook debacle:

https://forums.moneysavingexpert.com/discussion/4660007

Ask them to consider whatever happened to customer care and since when did they allow agents to ride roughshod over their good name, and alienate customers?

IMHO the response to Parking Eye should be a formal letter (please not an email 'appeal' on their website, it's way past that!) but the complaint to a CEO of whoever contracted PE there can be by email as that's quicker.

Several PE threats (even at Court stage) have been stopped already by the client which contracted them, in response to a strong complaint being sent their way.