Parking eye - appeal not received

MOJ

Got a ticket from parking eye two months ago, replied by letter to appeal following their reminder and to request POPLA reference, but now received a LBCCC. I'm assuming my letter never made it to them or got lost in the system but, have I lost all hope now of going down the easier POPLA route? Wish I had sent it recorded delivery! Has anyone else had this happen and PE then accept a second letter?

hoohoo

Send a copy of your letter anyway, stating you have already appealed and have not had an answer. State you will complain to the BPA if you do not receive a copla code. Complain to the bpa if you do not receive a popla code.

Sometimes PE will; more often they won't. But it makes life easier for both sides if they do.

bod1467

MOJ wrote: »

Wish I had sent it recorded delivery!

In may ways it is better you didn't. PPCs often won't sign for letters, so all this would have given you is PROOF they didn't receive it.

It's best to send via the PO and get a (free) certificate of posting. (The Interpretations Act 1978 says that a document sent with proof of posting is deemed served (delivered) within the normal delivery period for the class of postage selected - 2 working days for 1st class).

MOJ

Ok, will send another one off anyway. It was at a retail park so is it worth complaining to any of the stores I shopped in, or are they powerless as they aren't the land owner?

bod1467

Always complain the the shops anyway - you have nothing to lose.

Coupon-mad

MOJ wrote: »

Ok, will send another one off anyway. It was at a retail park so is it worth complaining to any of the stores I shopped in, or are they powerless as they aren't the land owner?

Send an online appeal telling them you posted an appeal on xx/1/2014 , the gist of it being that their charge is a pile of pants, not a genuine pre-estimate of loss and they don't own the car park so have no locus standi. Also the driver was a genuine customer (copy of any receipt or suitably-redacted bank statement attached). As such you expected a response and a POPLA code if they rejected the appeal, so they must now do this or you will report them to the BPA for ignoring your appeal letter.

Should have done it online in the first place and not wasted a stamp and risked them losing it.

MOJ

If PE do reject my appeal because it's 'out of their time frame' (I can't prove I sent the 1st one in the timeframe), is my only choice then to follow the LBCCC thread?

MOJ

Ahh, sorry coupon-mad, your post wasn't showing when I replied. Yes, wish I hadn't wasted the stamp, I thought wrongly an actual letter would have been better than an email. Lesson learnt!

spacey2012

I would put your time and effort in to preparing a defence, the LBCCC thread has not stopped them once.
Take it you will be served court papers and start preparing.
Your appeal letter will need to be added as evidence with an affidavit it is correct factual evidence

In the meantime by all means write again and also make it very clear you are requesting they use Alternative Dispute resolution to mitigate any loss and DO NOT mark this letter without prejudice, the point of requesting ADR is to prejudice the case.

MOJ

So spacey2012 are you saying don't follow the LBCCC thread? How do I start creating a defence then, what do I actually do and need? Wasn't expecting to actually have to go to court, so shall I just pay?
Confused now as everything I have read so far has just said follow the newbie or LBCCC threads??

spacey2012

The LBCCC thread involved sending tediously long winded rebuttals of the LBCCC, which has not stopped them, they will steam ahead regardless.
The time to decide if you want a day at court is when you see the words.
PARKING EYE on a sign.
At the time you were unaware of what they do, now you are and I certainly hope you join the others in not using any business that uses them, it is simply not worth the risk.
The decision as to what do next lies with you, they will most likely take you to court, just as anyone can take you to the county court, I can take you to county court for not paying me £500 for reading this.
Would you pay me £100 not to do it out of fear.

You made a mistake entering a car park where they operate, they ignored your appeal.
You now stand at the crossroads, give in or prepare for a county court battle, where with the correct defence they are getting some right pasting lately.

In the meantime bug the retailer to get in cancelled.

But whatever you do, please do not pay them, fight fight fight.