Parking Eye Letter Before County Court Claim

bluecatman9

Hi. I'm new here and have only just found all the information about Private Parking Company penalties/fines.
Today, I've received 2 things from Parking Eye -
1. a Letter Before County Court Claim (LBCCC) telling me that if I don't send them £100 within 14 days court proceedings will be issued.
2. A letter from them telling me that my appeal has been refused (no surprise there) and giving me a POPLA reference number.
As I understand it, I have 28 days from the date of issue of the POPLA code to get my appeal to POPLA. So, halfway through this process, I could find myself being taken to court. Should I just ignore the LBCCC or should I write to Parking Eye?
Also, can I post my appeal on here when I have written it, for comment?
Any advice would be gratefully received. Thank you.

da_rule

This is strange. Does the LBCC relate to the same PCN as the appeal?

Also, have you checked the POPLA reference number using the link in the Newbie sticky thread to check that the POPLA date is in order?

bluecatman9

The reference number on both is exactly the same and the POPLA date is OK.

da_rule

Sounds like someone has dropped the ball. Get your appeal off to POPLA as their decision is binding on ParkingEye, also send a complaint to the BPA, along the lines of ParkingEye are threatening you with court action despite the fact that you have not yet exhausted your appeal routes. If you have a scanner and can scan the two letters in to attach to the e-mail to the BPA then do that too. I'm in two minds about whether to write to ParkingEye asking them to withdraw their LBCC pending the POPLA decision. I'd like to hear some other comments on this, but in the meantime draft your POPLA appeal using the templates on the Newbie sticky thread and feel free to post it.

Umkomaas

You need to go to crabman's sticky at the top of the forum index (here)

https://forums.moneysavingexpert.com/discussion/4896178

where you can link to Coupon-mad's NEWBIES advice on dealing with a PCN, including POPLA, and also to lazydaisy's advice on dealing with a LBCCC. Both will help you to tackle this on the two fronts you need to.

As the LBCCC should not have been issued so early into this process you need to send a very strong complaint to the BPA about this very premature move by ParkingEye. Email address for BPA in the NEWBIES advisory.

bluecatman9

Thank you both for your advice.

Umkomaas

da_rule wrote: »

Sounds like someone has dropped the ball. Get your appeal off to POPLA as their decision is binding on ParkingEye, also send a complaint to the BPA, along the lines of ParkingEye are threatening you with court action despite the fact that you have not yet exhausted your appeal routes. If you have a scanner and can scan the two letters in to attach to the e-mail to the BPA then do that too. I'm in two minds about whether to write to ParkingEye asking them to withdraw their LBCC pending the POPLA decision. I'd like to hear some other comments on this, but in the meantime draft your POPLA appeal using the templates on the Newbie sticky thread and feel free to post it.

I think the LBCCC needs to be dealt with formally even at this premature stage. Letting your guard down with PE, hoping that common sense will prevail, could end up with court papers arriving through the letterbox. Then you've got another monkey to get back in the box.

da_rule

When responding to the LBC make reference to the Practice Direction (PD) on Pre-Action Conduct, specifically PD 8 which covers Alternative Dispute Resolution (ADR), PD 8.1 sets out that proceedings should not normally be started when a settlement is still be actively explored.

bluecatman9

Hi. I've read the info you've directed me to. Re the LBCCC, mine is a but different to the example. I would like to put it up in my post, along with the letter that arrived the same day but I can't work out how to include a pdf as there isn't an "attach" button. Can someone please explain how I do this. Sorry to be thick!
It would probably help you all to understand what has been going on if I give you a timeline, which I'll do when I can get the pdf's up.
Thank you ever so much.

da_rule

You'll need to upload it a photo sharing website (such as photo bucket) and then post the link. As you are a new member you probably won't be able to post links yet so just paste the address minus the http://www. part.

Don't forget to obscure any information that could be used to identify you (name/address/car registration/PCN and POPLA reference number etc)

bluecatman9

flickr.com/photos/bluecatman/sets/72157643126663803/
Hi. The link has jpg files of the front and back of the LBCCC and the letter with my POPLA ref. The Story:
Sat 1st Feb - I had to find a different car park and I'd seen this one with signage saying "Sat & Sun £3.50 all day". I parked, went to the machine at 7.20am and went to the ticket machine. It wouldn't accept £3.50 and a message said I should put in at least £5.50. I didn't have time to check it out so I put in £5.50 and went to work. I left the car park at 5.34pm.
8th Feb - received PCN (date of issue 06/02) for £100 reduced to £60 if paid within 14 days. Info on back stated appeals must be received within 28 days.
17th Feb received PCN Reminder dated 15/02.
19th Feb - posted appeal to PE (have proof of posting) stating if it was rejected they must provide a POPLA reference.
12th March - received notice from PE telling me 29 days had now passed and the amount owed is £100.00.
19th March - wrote to PE (again I have proof of posting) referring them to my letter dated 19th Feb, pointing out that they had ignored this letter and had not either informed me of the result of my appeal or given me a POPLA reference.
29th March - received LBCCC and letter telling me my appeal had been rejected - both dated 27/03.
I have not received anything from PE which is not noted above,
Since my unacknowledged first appeal, PE have changed the signage at this car park. Instead of it reading
"Sat & Sun
£3.50 all day"
it now reads
"Weekend: Sat - Sun 8am - 6pm
Saturday (all day) £3.50
Sunday (all day) £3.50"
Fortunately I have before and after photos.
If it is possible for any of you learned people to comment on my situation and also let me know what they think of the differences in my LBCCC to the example in lazydaisys post it would help me enormously. I'm not very good at this kind of thing. Thank you.