ParkingEye LBA & Claim Form to deal with - any advice gratefully received!

alloha

I had already received the claim (I was away from home and missed the entire paper trail, I was lucky in a way to get the court papers at all or it would have been a default judgement). I wrote to PE at the same time as filing my defence.

So far, they have simply not replied - I am expecting outright refusal, but it hasn't actually happened yet. I am happy to share the letter but would I be able to PM it, its got a number of 'case-specific' references in it?

alloha

I've sent the first half of it, it wouldn't let me send the second half, sorry to overload you with PMs.

zzzLazyDaisy

Hi, I have received both of your PMs now. Neat letter, I'm very impressed

I'll get back to you tomorrow with a follow up letter for you.

D

alloha

That's very kind of you, I had a few spare days and put a fair bit of effort into it and the defence rather than just use a template.

Thanks in advance for your efforts :-)

zzzLazyDaisy

alloha, if you haven't already contacted the landowner, do so NOW as they have the power to get the charge cancelled for you, even at this late stage.

Explain what happened and that you never had chance to appeal as you have been away from home and did not know anything about this until you got a worried call from home to inform you that car park managing agents have started court proceedings against you (presumably on behalf of them). That you've written to their agents to explain the situation but they have not replied and appear to be determined to pursue this matter to court. Explain that this was an overstay in a free car park which had lots of empty spaces so there could be no loss to the landowner or their agent, PE and the demand for £100 (or what ever it is) is punative and wholly disproportionate to the event. If there is any Equaity act factor relating to the overstay (disabled or eldery driver of passenger or prgnant/breast feeding woman), similarly if it was just a short overstay mention that the BPA code of Practice of which their agent is a member specifically states they must allow a grace period. Be polite but firm, and don't be litigious - you are an ordinary member of the public who has innocently been caught out by circumstances.

If it was a retail park or retailer / hotel etc make it clear that you were a genuine customer, if you paid by card or have receipts, enclose copies not the originals (sorry I am just eaving for an appointment and haven't time to read the thread for the details).

Good luck, back later

D

Have a look at this thread listing retailers and landowners who have cancelled charges in these circumstances.

Coupon-mad

zzzLazyDaisy wrote: »

Have a look at this thread listing retailers and landowners who have cancelled charges in these circumstances.

https://forums.moneysavingexpert.com/discussion/4766249

...as you can see, we have quite a few examples of a fake PCN from PE being cancelled by the owner/management of a site even after court papers were issued. Better to spend some time being a thorn in their side by rattling the owner/occupier's cage to cancel it, than to have to attend a court hearing!

alloha

I've done a quick draft - I won't send it quite yet as I don't actually have any proof of purchase, the person I was with that pay did the purchasing but hopefully I will be able to get a copy very soon.

Would you advise sending a further letter to PE at this point, something in the style of my last one perhaps? Still no correspondence from them and they are well over the time I asked them to reply in now.

Coupon-mad

Don't hang about with your complaint - send it to the CEO of the Supermarket or the top Manager of the Managing Agent or Landowner firm, if it's a multi-Store Retail Park. I would send it without receipts (saying you have a receipt from your passenger if required) tomorrow!

Some inspiration for you, a winning complaint emailed just days ago to the CEO of a Supermarket, tearing into the actions of Parking Eye:

https://forums.moneysavingexpert.com/discussion/4762460

Copy some of it if you like, just adjusting it to suit and removing all the bits about the Equality Act and EHRC law. The other paragraphs ranting about PE are relevant for ANYONE to use when making an official complaint. And you need to rant - you are being sued after all, for shopping there. HOW DARE THEY!

alloha

Oh very nice, I like the look of that letter, I can definitely take some inspiration from that! I'll get something sent off in the morning