Parking Eye - letter after LBCCC

deejay169

I received a LBCCC letter from Parking Eye in the 16th of November and, following the advice on the forums, replied pointing out that there didn't seem to be an explanation of the £85 "loss" had been calculated. I also requested that POPLA be used rather than the matter going to court despite them claiming this couldn't be done in the LBCCC.

They've sent a massive reply covering 7 pages of A4. It lists various different cases where they won in a court and gives some details about how their costs are justified. I'm not sure what to do next. I don't really know if the details they've given about their costs fulfil point 5 of 2.1 of the Practice Direction or not. Do I proceed with a formal response or do I push back and point out that POPLA could still be used?

I received the initial PCN after staying at the BeeHive car park in Cambridge. I was there the whole day but had moved my car around what I thought were different car parks; but perhaps they are all classed as the same place. There are various different shops there so I wasn't sure who I could complain to.

Any advice greatly appreciated!

Cheers,

Dave

Redx

I am not qualified to answer but I assume you have read the LBCCC sticky thread by lazydaisy ?

you will also find this thread https://forums.moneysavingexpert.com/discussion/4835679 has a similar vein running through it, with the same PPC

deejay169

Thanks for the reply. Yes, I've read through lazydaisy's sticky thread but it seems to concern the LBCCC letter rather than any follow up.

Looks like I've received exactly the same letter as in that other link you provided. I'll keep a close eye on that thread!

Coupon-mad

There are various different shops there so I wasn't sure who I could complain to.

How about whoever runs the retail park, easily Googled? As explained in post #3 of the 'successful complaints about PPCs' thread, where dozens of people have got Retail Park Managing Agents to get these rubbish threats cancelled after one phone call or complaint email.

And - as well as the URGENT complaint - as on the other similar threads (there are several) it is a matter of robustly replying to PE every time so the ball is not left in your court; send copy receipts again even if you have already.

spacey2012

I would start preparing a robust defence, or pay up.
Two choices.

A simple apology will be allowed by the solicitor and the practice directions breeches will be forgiven.
In reality once a case is set, it is heard, the District judge will steam ahead regardless, so you better have a robust defence laid out.
You are the defendant, in the eyes of the judge, you owe this money, your job is to produce a robust argument to counter.

You will need to cover, rights of audience, rights of representation.
The contract, if any witness statements relating to contracts are submitted, these need to be pulled, file an application for this signatories to be brought to court to swear on oath or file affidavit that the contract statements are truthful.
File for full disclosure to be made of all documents.
Application to strike out and costs awarded to you
Cover operating costs vs actual losses with printed references to cases where this was mentioned .
Cover illicit penalty charge with case law and judgements were upheld.
Question the solicitor on matters you know they will not know the answer to as they are just an agency buff, on the signage, ask them to explain the contract on the signs.

Without knowing how much hand you showed to them in the appeal, I can not go much further, but I have seen plenty of advice on here submitted to popla and first appeal that just about hands them the case.