Parking Eye LBA

ticketmaster

It would seem that these annoying people from PE will not just go away.

Like some others I have now received their Letter Before County Court Claim as below:

Dear Sir/Madam,

LETTER BEFORE COUNTY COURT CLAIM

On the Date Removed we notified you that, as the registered keeper of this vehicle, you had become liable for this Parking Charge Notice (see above reference), which concerned a breach of the terms and conditions at XXXXXXXXXXX, on the Date Removed . This was because the requirements of Schedule 4 of the Protection of Freedoms Act 2012 required for keeper liability had been satisfied. Further to this, we advised you that the amount payable was £100.00 for the Parking Charge Notice and that you were required to make this payment or further action would be taken.

ParkingEye is still not in receipt of this payment. As such, we must inform you that unless payment of £100.00 is made within the next 14 days further action will be taken and court proceedings will be issued, which will incur further costs. These costs will include, but are not limited to £50.00 solicitor's costs and £15.00 court claim issue fee.

Yours faithfully

ParkingEye Legal Department.

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Page.2
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1) Please be aware this Letter Before County Court Claim is fully compliant with the Practice Direction on Pre-Action Conduct. We must draw attention to the practice direction at 'link to PD' and in particular paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction.

2) It should also be noted that we are unable to use the POPLA service as Alternative Dispute Resolution at this stage. This is because POPLA will only accept an appeal after the motorist has made their appeal ('representations') to the operator who issued the Parking Charge Notice and that the operator has rejected these and issued a POPLA appeal form. You have not made representations to ParkingEye in the timescale required (i.e. 28 days from the date of our initial correspondence). You have been made aware of these timescales in our correspondence, which has stated;

"All appeals and complaints must be put in writing and should be forwarded to one of the addresses below. All appeals must be received within 28 days from the date of our initial correspondence. Please include all information to assist with the appeal. This may include: a store receipt from the day in qquestion; proof of purchases via a bank statement etc. If the appeal is unsuccessful, you will be advised in writing and you will also be provided with details of the Independent Appeals Service (POPLA), their contact details and a unique appeal reference. Please note: The POPLA service is only available for parking events dated from 1st October 2012 and POPLA will not accept an appeal, if you have not appealed to ParkingEye in the first instance."

3) The loss claimed in this Letter Before County Court Claim is in line with guidelines set out by the British Parking Association. ParkingEye have also ensured that their Parking Charge amount is not punitive and set on the basis of a strong commercial justification for charges of this nature.

4) As court proceedings have not begun, and as no defence has been filed, it is impossible for ParkingEye to state exactly what documents will be relied on in court. These could include, but are not limited to; Protection of Freedoms Act 2012, British Parking Association Code of Practice, any defence submitted by you, any reply to defence submitted by us, any document proving ParkingEye's authorisation to operate on site and any signage plan or images of signage from the site in question. These will be provided at this stage and not sooner. Any commercially sensitive documentation will be provided if requested by the court, should this matter reach this stage.

So what to do next?

Time to ignore again? Or reply to them yet again informing them that they have not been compliant and I will fully defend?

Thanks again folks.

[Deleted User]

I parked in the local Parking Eye controlled hospital car park 4 weeks ago for 7 hours. I've still yet to receive an invoice from them. Are they lacking?

Coupon-mad

ticketmaster wrote: »

It would seem that these annoying people from PE will not just go away.

Like some others I have now received their Letter Before County Court Claim
So what to do next?

Time to ignore again? Or reply to them yet again informing them that they have not been compliant and I will fully defend?

Thanks again folks.

I say do the bit in bold, above. At pre-court stage I say keep the 'banter' of responses going; it may make them decide you are not enough of an easy target for court, and if they do decide to try a small claim your continued polite and detailed responses look very reasonable to any judge.

Other LBCCA thread with that letter, my suggested Plan A or Plan B and a good outcome in the end, from a complaint made this week to the 'hand that feeds' PE at that site:

https://forums.moneysavingexpert.com/discussion/comment/62919545#Comment_62919545

HTH

ticketmaster

Daisy

Thanks for the message.

Tried to respond but your inbox is full.

Nothing more to report at this stage.

Will keep you updated as and when.

Thanks again.

ticketmaster

Guys

As I have heard nothing from PE for a few months now do you feel I should contact them and request some kind of closure?

Or just keep waiting for them to get back to me?

Thanks in advance for the advise.

Folkiedave

Deleted_User wrote: »

I parked in the local Parking Eye controlled hospital car park 4 weeks ago for 7 hours. I've still yet to receive an invoice from them. Are they lacking?

Should have sent a Notice to Keeper within 14 days. Well out the time limit for POPLA.

zzzLazyDaisy

Folkiedave wrote: »

Should have sent a Notice to Keeper within 14 days. Well out the time limit for POPLA.

Folkiedave (just for info...) - that post was a hijack - not posted by OP.

OP - PE have recently issued court papers on some LBCCCs that have been quiet for a while. So I would keep the correspondence going.

At this stage I suggest that you go to my sticky LBCCC thread (top of page one of this forum). At post three you will find a robust letter to our friend Rachel. You can use it as a template and amend it to include something like:

I refer to your letter before county court claim dated xxxx and subsequent correspondence. Despite requests you have refused and/or failed to comply with the Practice Direction. I am therefore writıng to put you on notice that I expect you to take your client,s instructions and either cancel the charge or comply with your professional duties and obligations as a solicitor to the court and the Law Society.

Come back in a couple of weeks if you have not heard anything.

Daisy