Parking Eye - Still Best Practice to Ignore?

jeanraffio

Hi

Received a ticket from Parking Eye for a genuine overstay in a car park. Having read on here in numerous threads the best policy is to ignore, I'm just checking that this is the best policy?

I have just received the letter 'fining' me £153 and notice it will be passed onto a solicitor if I do not pay.

Happy to sit this out and see it through, just need a bit of reassurance!

Thanks

fb1969

Not sure where you found the "numerous" threads as that has not been the advice for almost a year. Look at the main page of this board and you'll will see the current advice.

Coupon-mad

Oh dear. No reassurance then because you have read OLD threads. You can appeal it if you are still within 28 days of receipt of the first letter (PCN).

Why not just read the first 2 or 3 pages of current threads rather than old ones? We haven't advised to ignore PE for many, many months.

No-one ignores these now unless in Scotland or NI because PE are SUING people who ignore their fake PCNs - and happily, we know how to appeal and win (but ONLY if you had acted in time)!

:eek:

esmerobbo

Must have been on CAG!!!!!!!!!!!!!!!!!!:wall:

jeanraffio

Great.

So any advice on where to start, there's 100s of different links pointing off to things at the moment.

I suppose first thing first, it wasn't me that was driving the car, it was my girlfriend who had borrowed my car. Can I let PE know this is the case, they can write to her and we can start the appeal procedure again? (I'm sure I saw this is in a thread but can't recall where).

Thanks.

esmerobbo

Ignoring now is very poor advice although in your defence some forums are still advocating it.
Even to the point of ignore them and if they do issue a claim then we will give you a magic defence to blow them out of the water.

It now depends on how far along the ignore route you are but it seems you are at the debt collectors stage judging by the charge they are asking for.

If they have met all the requirements of POFA then you will either hear no more other then a few debt collector letters, or you will receive a claim.

Whatever you do do not give them anything by posting on here that will identify you.

Stroma

Yes name your girlfriend to get this reset, you can do this at any stage up until they issue a claim, despite what they say! Once you've done that they must chase her then, so send it via email and snail mail with proof of postage from the post office.

Once they are writing to her just come back to this thread on advice on the correct way to the first & second stage appeals that can be used, please don't start a new thread.

jeanraffio

Stroma wrote: »

Yes name your girlfriend to get this reset, you can do this at any stage up until they issue a claim, despite what they say! Once you've done that they must chase her then, so send it via email and snail mail with proof of postage from the post office.

Once they are writing to her just come back to this thread on advice on the correct way to the first & second stage appeals that can be used, please don't start a new thread.

Hi

I duly followed the advice above, naming my girlfriend (both sent by email and snail mail). They have now responded to this and said that as per Section 56 and Schedule 4 of the Freedoms Protection 2012 act, because I didn't supply the name within 28 days that I am now liable (as registered keeper) for the fine and any potential court action.

This can't be true can it? They have stated that they will enter in no further correspondence about it.

Can anyone suggest the next step??

jkdd77

They're lying (and engaging in a misleading commercial practice). So long as you name the driver, and give his/her address, prior to formal court action, you have discharged your liability as RK under Schedule 4.

My advice is to appeal to POPLA (if within the timescale, which sounds unlikely), or else to ignore everything except stamped court papers.

jeanraffio

jkdd77 wrote: »

They're lying (and engaging in a misleading commercial practice). So long as you name the driver, and give his/her address, prior to formal court action, you have discharged your liability as RK under Schedule 4.

My advice is to appeal to POPLA (if within the timescale, which sounds unlikely), or else to ignore everything except stamped court papers.

Looking at legislation.gov.uk/ukpga/2012/9/schedule/4/enacted Paragraph 5 (1)(b) and the associated note with it, they may be correct?

zzzLazyDaisy

jeanraffio wrote: »

Looking at legislation.gov.uk/ukpga/2012/9/schedule/4/enacted Paragraph 5 (1)(b) and the associated note with it, they may be correct?

That's what they WANT you to think, but that's not what it says.

In Plain English, it says that the PPC must give the RK at least 28 days to name the driver, and after that the PPC *MAY* start court proceedings against the RK to enforce the charge.

But PoFA also says that the PPC can only pursue the RK if it does not know the identity of the driver. So if at any time before the PPC seeks to rely on Para 5 to issue court proceedings against RK, the RK identifies the driver and provides an address for service, then the PPC MUST pursue the driver.

I suggest you send THESE letters:

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TO PE

NAME
ADDRESS

DATE

For the personal attention of [Text removed by MSE Forum Team], Supervising Solicitor


Dear [Text removed by MSE Forum Team]

PCN ref xxxxxxxxx
Vehicle reg no XXXXXXXX

I am writing to make a formal complaint about your company's cynical manipulation and misinterpretation of the law as set out at Schedule 4 of the Protection of Freedoms Act 2012.

Specifically:

By a letter dated [date] I informed your company of the name and and address for service of the driver of the above vehicle on the date that the 'parking event' is alleged to have taken place.

On [date] your company replied in writing referring me to the provisions of POFA 2012 and advising me that as I did not supply the driver's details within 28 days of the PCN, I am now personally liable for the charge. The letter also threatened court action against me in my capacity of Registered Keeper.

I find it impossible to believe that, as a Solicitor and head of the company's Legal Department, you are unaware of the provisions of POFA 2012. I am therefore forced to the reluctant conclusion that you have sanctioned this dishonest interpretation of the law by your company, for its own ends.

It seems ridiculous that I, as an ordinary member of the public with no legal training, should have to explain the law to a Solicitor. However, in simple terms, the position is:

1 Contrary to the misinformation contained in your company's letter to me, Schedule 4 of POFA, para 5 does NOT provide that the Registered Keeper loses the right to identify the driver after 28 days. Rather it provides that the private parking company *may* enforce the charge against the Registered Keeper after 28 days if s/he has not identified the driver

2 Your company failed to exercise the right to enforce against the Registered Keeper when it had the opportunity to do so

3 As your company now knows the driver's name and an address for service, it has lost the right to enforce the charge against the Registered Keeper and must now pursue the driver

4 Any subsequent proceedings that may be issued against me will be defended accordingly, and an application to strike out made on the basis that your company has no cause of action against me.

I trust that I have made myself clear, however for the avoidance of doubt, please note that any further contact from your company will be considered harassment and appropriate steps will be taken pursuant to the provisions of the Protection from Harassment Act 1997.

You may also wish to advise your client that I have made a formal complaint to BPA and DVLA concerning your breach of the BPA Code of Practice.

Yours faithfully

PRINT NAME

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Letter to: David Metcalf, Operations Manager, British Parking Association
Fax: 01444 454 105
Email: [EMAIL="david.m@britishparking.co.uk"]david.m@britishparking.co.uk[/EMAIL]



FORMAL COMPLAINT AGAINST BPA MEMBER PARKINGEYE LTD concerning serious breaches of POFA 2012 and BPA Code of Practice

Dear Mr Metcalf

PCN ref xxxxxxxxx
Vehicle reg no XXXXXXXX

I am the Registered Keeper of the above mentioned vehicle.

I wish to make a formal complaint about ParkingEye Ltd in respect of its clear breach of POFA 2012 schedule 4, para 5, and the guidance set out in the BPA Code of Practice.

On [date] I discharged my liability under POFA 2012 by identifying the driver of the vehicle on the day in question to ParkingEye, in writing, together with an address for service.

On [date] ParkingEye advised me that, under POFA 2012, I had lost my right to identify the driver and am now legally liable for the charge as the Registered Keeper.

I attach a copy of your member's letter to me dated [date] and my reply of today's date, for your information.

I would be grateful if you would investigate this complaint as a matter of extreme urgency, as ParkingEye is refusing to pursue the driver, and is threatening to start legal action against myself, as Registered Keeper of the vehicle.

Yours etc

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Letter to [EMAIL="david.dunford@dvla.gsi.gov.uk"]david.dunford@dvla.gsi.gov.uk[/EMAIL]


Dear Mr Dunford

PCN ref xxxxxxxxx
Vehicle reg no XXXXXXXX

I wish to make a formal complaint about ParkingEye Ltd concerning a serious breach of the POFA 2012 and the BPA Code of Practice.

I enclose a copy of my letter to BPA of today's date, the contents of which are self explanatory.

I am appalled that this company is able to access the details of Registered Keepers from the DVLA data base when it is clearly using those details for unlawful means. I trust that you will take immediate action to stop this practice.

Yours etc

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