Parking Eye LBA

razar

Hi all, back in January I received a PCN from Parking Eye.
I had used a retail car park in Swadlincote but outstayed my welcome, 4hrs 16mins in a 4 hour maximum stay free CP.
This has since been extended to 6 hours after complaints from locals and retailers.
After reading replies and advice here I have so far ignored all correspondence from PE and DRP Ltd.
I have now received a LBA letter dated 26/7/2013, so too late to respond to it now.
All my mail goes to my sisters as for the past year I've been living in a caravan in South Wales since my retirement, but don't feel sorry for me! :-)
I've alerted her to notify me instantly if a court order comes as I intend to challenge it in court.

The charges are £100 plus £50 solicitors fee and £15 court claim fee.
They seem to have dropped the £50 that Debt Recovery + had added!
I would much appreciate advice and support should I have to go to court and also wonder if I can choose Swansea for the hearing, baring in mind my postal address is in the Midlands?
Cheers!

zzzLazyDaisy

It is not to late to respond to the LBA

They give you 14 days to reply, after that they can start court proceedings - but you can respond at any time up until they do start proceedings

So do it NOW!

Go to this thread, follow the instructions and get a letter off to them straight away

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

Guys_Dad

You could be off the hook and owe nothing.

Read here http://www.burtonmail.co.uk/News/Parking-time-limits-to-be-increased-after-complaints-20130207080000.htm,

I would use that, appeal to the retail park and as, in order to preserve the good relationship with the council, please cancel the charge.

razar

Cheers, I was aware of that and have spoke to the manager of the Odeon cinema who although sympathetic wasn't able to help.
I didn't Pursue it further as all advice was to just ignore!
It's not that I can't afford to pay its the principal!
I will take the advice offered by zzzLazyDaisy above but hope if it comes to court it may form part of my defence.
I would actually like to go to court and win! In order to strike a blow against PE and their ilk.
Unlike many being retired I do have the time for this!

Guys_Dad

Why not contact Adrian Goodall, Rokeby director direct and ask him if he will extend a goodwill cancellation to you? Copy the councillor in as well. Make it a nice, pleasant letter.

zzzLazyDaisy

I agree with Guys Dad - the whole point is to dispose of this matter without the need to go to court - at whatever means are at your disposal.

There are never any guarantees in litgation, and more importantly, it is a whole lot of stress that most people could do without. As for striking a blow - sadly that isn't going to happen. Why? Because at SCC level one court's decision cannot bind another. So no matter how many people win against the PPCs there is nothing to stop them carrying on and winning against people who have weak cases, or poor presentation of their case on the day.

Whay it needs is a decision of an appeal court that would be binding on the lower courts - but the PPCs are not going to appeal decisions that go against them, because they don't want to run the risk of losing at a higher court an killing the golden goose - and ordinary people who lose at SCC level can't afford the £1000's that it costs to appeal a decision.

It's up to you, but I would take the path of least resistance - after all, if Mr Goodall doesn't come good for you, then you haven't lost anything!

Daisy

razar

Latest update; I wrote the recommended letter in my own words but included the advised bullet points and posted it on 13/08/2013 and have proof of posting.
I also emailed mr Goodall and cc the local councillor, haven't received a reply from mr Goodall but the councillor did reply saying that he'd heard of such issues before!
Today I have received a "Letter before County Court Claim" written in red!
The letter is exactly the same as the previous LBA letter.
Still awaiting a reply to my response to that, which by the way I also emailed them.
Cheers Ray.

Coupon-mad

razar wrote: »

Latest update; I wrote the recommended letter in my own words but included the advised bullet points and posted it on 13/08/2013 and have proof of posting.
I also emailed mr Goodall and cc the local councillor, haven't received a reply from mr Goodall but the councillor did reply saying that he'd heard of such issues before!
Today I have received a "Letter before County Court Claim" written in red!
The letter is exactly the same as the previous LBA letter.
Still awaiting a reply to my response to that, which by the way I also emailed them.
Cheers Ray.

"Letter before County Court Claim" has 3 or 4 threads already this week; here's one with a nice outcome relevant to fire you up to get yours cancelled too:

https://forums.moneysavingexpert.com/discussion/4736170

See the response I suggested to send to PE as well (Plan A or Plan B as a response to that LBCCC) but do change the wording as we don't recommend exact template repeats of letters like this, especially as you are trying to avoid a small claim at this late stage. Follow up your complaint as well and show them the latest threatogram.

HTH

zzzLazyDaisy

Sorry for the quickie, but if you go to post 32 on this thread, you'll see my comments, Dx

https://forums.moneysavingexpert.com/discussion/4730763

razar

Still haven't received a reply to my late response to the LBA, but as previously mentioned I received a LBCCC on the 23rd of this month.
As yet I haven't acknowledged this as I was hoping to receive their usual Template letter.
None of the letters received have required a signature! and all my letters go to my sisters which then have to be reposted to me, wherever I may be at the time.
I did mention this in my response to the LBA, could this be used as mitigating circumstances in my defence? and should I be preparing it now?
My emails to other parties have proved unsuccessfull, as this one from the Odeon cinema manager.
"I am sorry to hear of your ongoing issue with regards to your parking fine incurred from your visit to us. In answer to your question, regrettably I'm afraid I cannot offer any other advice to the previous time that we spoke. We have no jurisdiction over the car park as it isn't just our company that is situated here and as such we have no say in any matters that arise like yours.

All I am able to advise is conversing with Parking Eye directly about the mitigating circumstances of you having to pay attention to the walkways, so as not to slip and that the parking allowance has since been extended to 6 hours. However I'm sure you will have already taken this measure.

Once again, I'm sorry that there is no other way in which we can assist you in this regrettable situation but I do hope you get a speedy resolution and one that is to your satisfaction."

This is where I'm at at present!

Ray.

Coupon-mad

razar wrote: »

Still haven't received a reply to my late response to the LBA, but as previously mentioned I received a LBCCC on the 23rd of this month.
As yet I haven't acknowledged this as I was hoping to receive their usual Template letter.
None of the letters received have required a signature! and all my letters go to my sisters which then have to be reported to me, wherever I may be at the time.
I did mention this in my response to the LBA, could this be used as mitigating circumstances in my defence? and should I be preparing it now?
My emails to other parties have proved unsuccessfull, as this one from the Odeon cinema manager.
"I am sorry to hear of your ongoing issue with regards to your parking fine incurred from your visit to us. In answer to your question, regrettably I'm afraid I cannot offer any other advice to the previous time that we spoke. We have no jurisdiction over the car park as it isn't just our company that is situated here and as such we have no say in any matters that arise like yours.

All I am able to advise is conversing with Parking Eye directly about the mitigating circumstances of you having to pay attention to the walkways, so as not to slip and that the parking allowance has since been extended to 6 hours. However I'm sure you will have already taken this measure.

Once again, I'm sorry that there is no other way in which we can assist you in this regrettable situation but I do hope you get a speedy resolution and one that is to your satisfaction."

This is where I'm at at present!

Ray.

So it's not the Odeon who contracted PE then, it's Rokeby. I see you say you also emailed Adrian Goodall, Rokeby director, so if no reply to that, then send him a letter, snail mail. Maybe he never got the email but he will get his post.

Enclose a copy of the newspaper article, and PE's latest threatograms, and say how this harassment by PE is making you upset and ill, all because you visited the Retail Park as a genuine customer (attach copy receipts if you have them) and apparently were filmed by PE as being there 4hrs 16mins in a 4 hour maximum stay free CP. And yet their cameras film a car on arrival and on exit, not actual parking time at all so a mere 7% extra time alleged overstay, including any typical 10 - 15 minute (industry requirement) 'reasonable grace period' is minimal to say the least! And say that you are aware that not only has the time been extended to six hours now due to other complaints, but also you know that PE's own industry code of practice requires them to allow a grace period at such car parks to allow arrival, queueing for a space, parking, reading any signs, etc. before deciding to stay (then a similar extra allowance to get in the car, queue up towards the exit and leave).

Say you feel victimised that their parking agent hasn't dropped these 'minimal overstay' cases now that chief executive of South Derbyshire District Council has stepped in and got the time increased. Say you were hoping it is an oversight that your ticket hasn't been rescinded 'yet'(!), but having emailed him and got no reply, and also having replied to PE but got a standard 'Letter Before County Court Action' for your troubles, you feel you have no option but to try this final letter before taking your complaint to the Local Councillor and the British Parking Association and the DVLA as an official complaint.

Why not just send the same letter to PE now and make it clear from the 'cc' at the top that the original has gone to Adrian Goodall the Director of Rokeby?

Do not wait for PE to send their template reply following the LBA; there may be no such template now. They have switched tactics - going by other threads I have read - and that LBCCC is their latest offering and you haven't responded to it yet.