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Parking Eye - LBA

edited 31 July 2013 at 8:08PM in Parking Tickets, Fines & Parking
10 replies 3.2K views
HughsyHughsy Forumite
5 posts
edited 31 July 2013 at 8:08PM in Parking Tickets, Fines & Parking
Hi everyone

Looking for some help regarding a fine I got with PE last month (4th June 2013).

Just received my to be signed for LBA letter and at this point, I still have not replied to them. I thought ignoring them was the way forward until I recently checked on here, and saw otherwise!

I got the fine of £60 (then £100) when I went to the cinema with some friends and parked in the car park provided for the cinema.. (You get free parking when using their services) You're suppose to enter your car registration details when buying your cinema tickets, but as I'm a new driver and with my younger sister the staff themselves didn't ask and probably assumed I couldn't drive. So basically it was all down to human error. I do not have any proof of receipts (first time I've paid in cash to see a film in years, just my luck) However there is probably a few cameras seeing me enter the premises, inside the cinema and outside.

What would you guys think is the best course of action?
Thanks x

Replies

  • edited 31 July 2013 at 11:19PM
    zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
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    edited 31 July 2013 at 11:19PM
    Hello Hughsy

    Can you give us an exact timeline please as it is very unusual if you have gone from parking event to LBA in two months.

    So:

    Date of cinema trip
    Assuming this was a PCN that came through the post with photos of the car - date of issue
    Date you actually received the PCN
    Date on letter before action
    Date you signed for letter before action?



    As for advice on what to do next, the Letter before Action is the start of a pre-action protocol that leads eventually to court proceedings. PE do not take every case to court - they look for easy options, so if you ignore the LBA you significantly increase your chances of being taken to court. So you are about to have a crash course in how to follow the procedures for pre-action conduct!

    It is important that you reply to the Letter Before Action within 14 days as if you do not comply with the time limits, they can go ahead and start court proceedings against you.

    Please go to the guidance thread here:

    http://forums.moneysavingexpert.com/....php?t=4705657

    Read post 1 carefully, as you need to understand the process.


    Then go to post 45 and follow those instructions.

    Come back when you have a reply.


    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • edited 1 August 2013 at 5:36PM
    HughsyHughsy Forumite
    5 posts
    edited 1 August 2013 at 5:36PM
    Hi Daisy

    Thanks for the reply, the link you gave doesn't work, however the details you asked for are here:

    Date of cinema trip: 04/06/2013 - Time in Car Park: 2hours 19mins, length of a normal film :D (Was as you described with front and rear pics of my car)
    Date you actually received the PCN: Was issued on 08/06/2013, so some days after, can't recall exact.
    Date on letter before action: 27/07/2013
    Date you signed for letter before action: 31/07/2013

    I received 3 letters in total before the LBA (2 about £60 going to £100, then the 3rd one being it's now £100)
    Still have not responded to anything.. Should I perhaps go down to the cinema and tell them about this case, is it possible to resolve it with them for evidence?

    Thanks
    Hughsy
  • zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
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    Hughsy wrote: »
    Should I perhaps go down to the cinema and tell them about this case, is it possible to resolve it with them for evidence?

    Thanks
    Hughsy


    Yes, do go to the cinema, you will almost certainly need to speak to the manager, tell them you are a regular customer, you are a new driver and just didn't realise about registering the car. Take the pcn with you, which will show that your times of entering and leaving coincided with the film times.

    Hopefully the cinema manager will arrange for the charge to be cancelled, but don't take your eye off the LBA ball. You must reply within 14 days. Even if it is just to say that you have received the LBA, you need to seek advice, and you will write to them again within 30 days. That will extend time for you to deal with this.

    I will repost the link.

    Daisy

    http://forums.moneysavingexpert.com/showthread.php?t=4705657
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • HughsyHughsy Forumite
    5 posts
    Got this reply today from the cinema, should a simple email/call from them to parking eye solve everything immediately?

    Sorry to hear you have received a parking fine.

    If you could give me some details of the film, time of the film, date of the film how many of you visited and your vehicle registration, I will email Parking Eye, to try get you fine cancelled.
    Hopefully this will help you.

    Regards
  • Guys_DadGuys_Dad Forumite
    11K posts
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    I would wait a couple of days, check with the cinema before doing anything else.
  • zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
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    Hi Hughsy, yes, the cinema does have the power to sort this out and tell the PPC to cancel the charge. So don't correspond with the PPC at all at this stage.

    Write back to the cinema manager with the information requested (not unreasonably they are wanting to confirm that you were in fact a cinema patron and not just some random person using their land as a public car park)

    Also, quote the PCN reference in your e-mail to the cinema.

    If you get close to the 14 days referred to on the LBA just send the PPC a 'one-liner' saying,

    'thanks for your LBA, I am seeking advice and I will reply in more detail shortly'

    This will hold the situation and give you time to sort things out with the cinema.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • HughsyHughsy Forumite
    5 posts
    Latest response from the cinema:

    Sorry you haven't heard from them yet. I'm hoping that they have issued a cancellation letter to you. If you haven't received it or heard from them by Friday, and I will chase them up again for you.

    Regards

    That response was 9 days after I first spoke with them.

    With the 14 day period of the LBA coming up, should I still send Parking Eye that 1 liner, or would you think it's sorted as of now and they're taking some time to cancel.

    Thanks!
  • zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
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    I would send a short note quoting the reference on their letter and saying



    'I refer to your LBA dated xxxx.

    I am informed by the cinema manager that the charge has been cancelled (see copy e-mail attached). I look forward to hearing from you with confirmation of this'

    PRINT NAME

    Oh, and thanks for coming back to update us - good to know our advice works!

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • HughsyHughsy Forumite
    5 posts
    Last update, and thank you guys for your help!



    We can confirm that this Charge has been cancelled and there is no outstanding payment due on this account.

    Kind Regards
    ParkingEye Team
  • Coupon-madCoupon-mad Forumite
    84.8K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    Hughsy wrote: »
    Last update, and thank you guys for your help!



    We can confirm that this Charge has been cancelled and there is no outstanding payment due on this account.

    Kind Regards
    ParkingEye Team


    Your thread is already on the 'hall of fame' links I am collating here, showing all the cases in just TWO WEEKS where an assertive complaint to the 'hand that feeds' the scammer, resulted in a cancellation of the 'charge':

    http://forums.moneysavingexpert.com/showthread.php?p=62837690

    'no outstanding payment due on this account' indeed...what an insulting letter they send with 'kind regards' and all. Bet you don't recall ever opening any 'account' with this scumbag firm? :mad:

    But very well done, this is the easiest and most effective way to get these cancelled because every complaint is (probably) logged and noticed by their clients. That's the way to exterminate the parasitic vermin from the car parks in the long run.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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