Parking Eye LBA

parkingtank

Hi there,

I'm new so please forgive me if I get something wrong.

I received a LBA from PE around the 20th September which I have ignored.

At the time I did not realize anything could be done (to me the letter was implying either pay or go to court), so carried on with my entrenched position of ignoring all correspondence.

Having looked on this forum I now know this was not the best decision.

I have still not received Court papers.

Is their any way I can re-engage the Practice Direction now the 14 days have expired?

If not, what might be the best course of action?

Thanks

newholme30

Read the second sticky in the forum, it has the answer to your question. If you don't understand what you need to do after reading it, read it again. Then if you have any queries, post them on this thread and I am sure someone will help you.

Coupon-mad

newholme30 wrote: »

Read the second sticky in the forum, it has the answer to your question. If you don't understand what you need to do after reading it, read it again. Then if you have any queries, post them on this thread and I am sure someone will help you.

Sticky: Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread


DEFINITELY RESPOND TO THE PPC NOW, BEFORE COURT PAPERS, DON'T WAIT!

...AND IT IS NEVER TOO LATE TO COMPLAIN TO THE HAND THAT FEEDS THE SCAMMERS!

Sticky: Successful complaints about private parking tickets - how to get them cancelled!

hoohoo

+1 to reply. It's never too late.

Also,I am helping with a court case at the moment where ParkingEye have apologised to the court that their previous LBA did not conform to Practice Directions, and they state they have now reformed.

Can you tell us if the LBA you received pointed you to the government web site explaining about pre-court action and also warned you that if you did not comply then paragraph 4 of these directions allows the court to impose sanctions against you.

If you could tell me the date of the letter (by private PM if you prefer) that would also help.

Many thanks

parkingtank

Yes is did include a reference to their website and a warning to comply to paragraph 4

Coupon-mad

parkingtank wrote: »

Yes is did include a reference to their website and a warning to comply to paragraph 4

Still doesn't mean you don't respond robustly to deflect and dispute it, urgently!

And tell us what happens when you send an assertive complaint like the template in post #3 on the sendong link of successful complaints. Or complain in person to the manager (no-one else) if a retail store/hotel, etc. AND put a complaint on facebook if the retailer has such a page (e.g. Aldi).

Best to get it forced to be cancelled, with a strong complaint and robust response, this week.

Coupon-mad

parkingtank wrote: »

Yes is did include a reference to their website and a warning to comply to paragraph 4

Did you respond and did they send their usual long pile of drivel as a reply? Do update your thread. Help is out there:

http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html

A lot has happened with PE small claims in recent weeks, read the blogs there.

parkingtank

Yes Ive replied twice so far...

Just in the process of replying to an 8 page letter full of court case examples.

And after that was going to put in my formal response.

Thanks for the help in motivation... and thanks for the link to parking prankster, that is reassuring

parkingtank

Hi there please could someone check this over for me? Coupon-mad or lazy daisy would it be ok to private PM you with my letter sequence as im a bit lost with where Im at?



Dear Sir/madame

ParkingEye Ltd -v- Name
Proposed County Court Proceedings

I refer to my letter of [date] and am now writing to provide my formal Response as follows in accordance with the Practice Direction:


4.2
(1) The defendant does not accept the claim. The defendant agrees that he was driving vehicle ***reg*** on ***date***. The defendant agrees he used ***said*** carpark on that date. He believes the charge is not reasonable but simply a penalty deterrent and not a genuine pre-estimate of loss. The defendant does not agree he entered the site at ***time*** and left at ***time*** on the basis that a local camera took the image and a remote server added the time stamp. Since the two are disconnected and separated by the internet without a common "time synchronization system" there is no proof that the time stamp added is actually the exact time of the image.

(2) The defendant will not be making a counterclaim

(3) The defendant alleges that the claimant is wholly to blame for the problem that has led to this dispute. The defendant believes that the signage within the carpark was not sufficient to create a contract with the claimant because they are poorly lit and at a height that makes it impossible to read the small print properly. Further to this the defendant notes that none of the Group 1 Entrance sign information required by the BPA Code of Practice is displayed on the entrance sign. The BPA code of practice also states that “Your signs at the car park must tell drivers that you are using this [ANPR] technology and what you will use the data captured by ANPR cameras for” none of this information is provided.

(4) The claimant has not proposed any form of ADR since LBCCC. Claimant has repeatedly refused (3 times) to provide a POPLA code to allow this matter to be resolved independently.

(5) Correspondence from claimant

(6) The Claimant will not be providing "evidence to show he did not break the terms and conditions stipulated on the signage" since he could not read the signage in the first place.

(7) The defendant wishes to see the following documents:-

a) Documentation from BPA that proves the claimant are unable to provide a POPLA code at this stage.
b) The full name and address details of the party constructing with the claimant for the provision of carpark management services.
c) The full name and address of the land owner if different from above.
d) A copy of Parking Eyes unredacted contract.

Yours faithfully,

Coupon-mad

I would say that reads more of a court defence than a reply to a LBA (you are not a defendant yet - in my book - and also you might want to make a counter claim!). Those points might be useful if PE actually take it to small claims...but did you notice in the LBCCC Fightback sticky thread I recently added a link to a letter which just got a LBCCC back to POPLA stage? With one strong but 'non-legalese' letter in response to the 'several pages of drivel court cases template' from PE?

Have another look and read the post I added on the LBCCC sticky the other day, you can use a version of the letter if you like. The idea was to put PE in a position where they couldn't really proceed to court without trying POPLA first - and it worked. Worth a try if you never got to try POPLA yet (seeing as we win 100% of the time!).

I do realise you have already asked for POPLA 3 times...but do look at the letter linked in the LBCCC thread. I am encouraging people to use it.

parkingtank

ok thanks c-m. I have read your letter - brilliant. My 30 day deadline to get formal response in is looming so I should really send this one off. Counterclaims would be stuff like recorded delivery... use of computers and printers at internet cafes etc