Parking Eye Court Claim

Ivor_Pecheque

Sorry Liseylou, not sure, I just take the photos :-) Don't think PE own it though

Coupon-mad

Unusually, it's been claimed that PE have a lease arrangement there...that came out in a court hearing.

liseylou

Coupon-mad wrote: »

Unusually, it's been claimed that PE have a lease arrangement there...that came out in a court hearing.

So I should be able to get a copy of the lease?? Or at least ask for one?

I am still waiting for the DQ N180 to be issued as PE have written to me to inform that they intend to proceed to court. Does anyone know if the online MCOL process will specify whether the DQ has been sent to me? I would have thought that I would have received this by now as I received their letter last week.

liseylou

A HUGE THANK YOU TO EVERYONE ON MSE IN PARTICULAR COUPON-MAD!!!

I have just spoken to the court and they have confirmed that as PE have exceeded the 33 day time limit, that this case has been stayed.

If they wish to reinstate it, they will have to pay £45 to the Court for the priviledge :j

BenefitMaster

liseylou wrote: »

A HUGE THANK YOU TO EVERYONE ON MSE IN PARTICULAR COUPON-MAD!!!

I have just spoken to the court and they have confirmed that as PE have exceeded the 33 day time limit, that this case has been stayed.

If they wish to reinstate it, they will have to pay £45 to the Court for the priviledge :j

ParkingEye are famed for their bullying tactics, including throwing good money after bad to win a case that will cost them three to six times as much as they have any hope of recovering.

So don't be surprised to have the case reinstated.

liseylou

You'd have thought they would have learn't from the Fistral Beach case which is almost identical apart from their overstay was longer than mine!!

I'm still going to keep close to this site as I'm half expecting the case to be reinstated after the outcome of the 'super case' is revealed. Even if the judgement is held against them, I reckon they'll be prepared, as you say, to throw good money after bad, in the hope that they'll win.

Should be announced next week by my calculations??

Coupon-mad

I would email PE and say the Court has confirmed the case is stayed so now you suggest, in a genuine effort from both sides to resolve this, they should issue you a POPLA code for less outlay than the fee for reinstating a small claim (which must always be a last resort). As such, if they refuse to now enter into ADR or cancel the charge they would be failing to mitigate their loss and failing to offer ADR according to the PD. Behaviour which will be drawn to the attention of the Judge. And say that they may as well not bother pretending in any template reply, that POPLA 'is not suitable' because it is a fact that it is - and the Court has ordered POPLA in several cases which they know to their cost already. POPLA impose no deadline on a PPC issuing a POPLA verification code so you assert your right to this ADR and to speed the process up, they can consider your defence points to be your appeal.

Also to add that whether POPLA or a hearing proceeds, you require sight of all documents they intend to rely upon which includes the 'lease' they purport to have on this land. Such documents are required within 14 days along with a POPLA code otherwise you will consider the matter closed.

[EMAIL="enforcement@parkingeye.co.uk"]enforcement@parkingeye.co.uk[/EMAIL]

Start the conversation going, it could help you in the long run even if you do have a hearing. Their replies will be unhelpful and patronising but then again what's new?

Also write to the local court, now, stating the claim number and say, if the matter is reinstated you require the following request to be placed before the Judge:
(then copy the wording from here about POPLA or a longterm stay for the final Cambridge test case outcome):

http://forums.pepipoo.com/index.php?showtopic=89764

HTH, be proactive so you are always on the front foot. DO NOT WAIT AND SEE WHAT HAPPENS. PE DO PAY TO REINSTATE CASES.

liseylou

Thanks again C-M :T

Email sent (and delivered); letter prepared; printer out of ink!!

liseylou

Hi C-M,

I have received a reply to the email I sent to PE as follows:

Thank you for your correspondence in relation to the matter,

ParkingEye can confirm that we offer each motorist the chance to appeal to POPLA. ParkingEye will even pay for a motorist to appeal to POPLA. The procedure for doing so is simple. The appellant must first make an appeal to ParkingEye. This is because we uphold over 55% of appeals, and so it is reasonable for ParkingEye to have to actively reject an appeal before we are required to fund an appeal to POPLA. Our correspondence has stated,

“All appeals and complaints must be put in writing and should be forwarded to one of the addresses below. All appeals must be received within 28 days from the date of our initial correspondence. Please include all information to assist with the appeal. This may include: a store receipt from the day in question; proof of purchases via a bank statement etc. If the appeal is unsuccessful, you will be advised in writing and you will also be provided with details of the Independent Appeals Service (POPLA), their contact details and a unique appeal reference. Please note: The POPLA service is only available for parking events dated from 1st October 2012 and POPLA will not accept an appeal, if you have not appealed to ParkingEye in the first instance.”

If an appeal to ParkingEye is unsuccessful, the appellant is then provided with details of how to make an appeal to POPLA.

Once legal action is taken, POPLA is no longer a suitable method of ADR. POPLA does not take into account legal costs incurred, and can only suggest that a motorist should pay the Parking Charge amount to avoid further action being taken. The decision is not binding upon the motorist, and so is not guaranteed to resolve the matter. POPLA decisions are not enforceable.

There are alternate methods of ADR that ParkingEye remains open to, such as using the Small Claims Mediation Service and direct mediation on a without prejudice basis, either via post or email please find both address below.

Kind Regards,

ParkingEye Enforcement Team

Obviously a load of blurb. So I want to reply as POPLA is still available as a suitable ADR but am not sure of the best way to word my response?And I have already emailed the local court (as I couldn't print the letter), but still have not received a response.

I have taken most of this from another successful POPLA request:

Dear Sir/Madam,

Ref: PCN xxxxxxxxxx

I refer to your email of xx/xx/2014, refusing an appeal against the above noted PCN.

There is nothing whatsoever to prevent your company from accepting an appeal at any stage. I am aware that in many cases in the public domain, private parking companies have issued POPLA codes much later than your self-imposed 28 days guideline and indeed POPLA have confirmed that a code can be issued by the operator at any time.

Some judges have realised it would be far better for everyone concerned to refer the case back to POPLA. There have been no known cases where this happened where the issue had to go back to the courts for resolution. This can therefore be seen as a success for all parties (as costs are kept down) and also for the court, whose precious time is not wasted in a hearing.

Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules, as well as evidence of Civil Enforcement Ltd failing to mitigate your alleged loss.

You will have been made aware from my Defence that although POPLA is not normally binding on the motorist, I have agreed to respect their findings and have already contacted my local court to confirm this. Therefore, if I do not receive a clear rejection, along with a POPLA code within 14 days from today, I will regard the challenge as accepted and the matter closed.

Yours faithfully,

Coupon-mad

That looks fine! Keep up the pressure - by email to enforcement@parkingeye.co.uk so it costs you nothing.