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Help! Parking Eye

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Dear Folks
I received a series of letters from Parking Eye after parking at a hotel at Heathrow for 50 minutes. I was staying at the hotel between international flights and my wife called in at the hotel to drop off a change of suitcase! Neither of us saw any parking charge signs. After reading various advice forums I ignored the letters until I received a NBA letter, at which point the advice forum (not MSE) general advice seemed to be to write back, requesting a reply within 35 days together with a POPLA appeal reference. My letter also stated that unless a POPLA reference was provided then the matter would be considered closed.
Have just received another letter from Parking Eye, which basically says " we've heard all your comments before - see FAQs and then pay up". The note also states that the 35 day reference has been amended (June 13) in the BPA Code of Practice.
Not surprisingly I am not keen to pay the £100 being claimed (plus costs if it goes any further) but am unsure as to next steps.
Appreciate any advice/ suggestions. Thanks v much

Comments

  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Reply back saying that it may have been changes in the BPA COP, but it is still 35 days on the POPLA web site and as it is POPLA you want to appeal to, you are not concerned what it says in the BPA COP.

    However, the point is that you want this to go away.

    First step, contact the hotel, quote your booking reference etc and get them to make this go away by instructing the PPC.

    Second step, is with your reply, you write back saying that you are appealing as you were a customer of the hotel using your car for loading and unloading and was held up at the booking in process. Tell them this is your genuine appeal point and they should accept it or give you the POPLA code. Include any evidence you were staying at the hotel as well,

    Thirdly, have a read through here for other threads about LBAs and read the advice from zzzlasydaisy who is legally qualified about practice directions. I would hold back using that and give PE a chance to issue POPLA code (probably out of time now) or cancel your ticket.

    They are less unreasonable than some when shown a genuine customer case.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 6 August 2013 at 12:28AM
    Just a note - if the Registered Keeper is different to the driver, reply to the LBA and identify the driver (the PPC may claim it is too late, so point them to BPA Code of Conduct para 5). Tell them that this discharges the RK's obligation and therefore there is no longer any cause of action against the RK, and if they pursue a claim against the RK you will make an immediate application to strike out the claim.

    This resets the POPLA clock, and the driver will get a PCN and can then appeal.

    Either way, don't miss the 14 day deadline to reply to the LBA as this is the first step in the court process, if you miss the deadline they can then issue proceedings.

    Also have a look at this thread

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

    One last thing - the registered keeper doesn't live in Scotland?
    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.
  • Orrin
    Orrin Posts: 448 Forumite
    Part of the Furniture
    The easiest way to make this go away is to persuade the hotel to cancel it. Don't let them fob you off and trash them on Tripadvisor if they refuse.
  • Update - I spoke to the Hotel, who have agreed (with no problem at all) to contact Private Eye to cancel the parking charge. Many thanks for the info
  • Coupon-mad
    Coupon-mad Posts: 150,855 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    :T

    Good result, and a typical occurrence in fact. Your case and success have been added in my saved links to examples of 'the organ grinder calling off the monkey':

    https://forums.moneysavingexpert.com/discussion/comment/62837690#Comment_62837690

    More people should complain about this protection racketeering.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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