Rejected appeal and notice of intended court action

littlelaurashoes

Notice of intended court action
hello.. just wondering if anyone can help to advise me.

July last year I parked at a hotel car park to meet a colleague who was staying there, I asked reception if OK to park up for 30 minutes and was advised it would be fine.

A few months later, I then received a letter from Parking Eye to say we have overstayed the 15 minutes free grace period. Unfortunately when we googled parking eye the links led us to old forum posts which appear to now be incorrect, on ignoring everything they send. I now have a letter stating 'notice of intended court action' from Debt Recovery Plus Limited.

I came back here and read the new advice 'not to ignore' and sent an appeal letter to parking eye and a 'denied charge' letter to debt recovery plus. I also submitted both letters on their respective webites through the appeal links.

I have not yet heard back from parking eye, but debt recovery emailed me the following:-

"Thank you for your online enquiry regarding the above Parking Charge Notice (PCN).

As per the British Parking Association’s (BPA) Code of Practice, Point 22.7, the time to challenge the charge has now expired and therefore access to the Independent Appeals Service (POPLA) is no longer available.

However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.

My findings

The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued.

Amount charged

If you refer to the British Parking Association’s code of practice, you will discover that the sum in question is within what this body deems reasonable.

I would also draw your attention to the ruling made in Parking Eye Ltd v Beavis and Wardley [2014] where it was ruled that the charges incurred were enforceable. I attach a copy of the judgment for your attention.

What you need to do now

Please ensure that £150.00 is paid by [date]. Payment can be made online or by phone. Go to [website address] or phone xxxx xxx xxxx. You can find full details of how to pay on the reverse of the letter(s) sent.

What will happen if you do not pay what you owe

If the amount is not paid by the date shown above, we will recommend to our client that court action be taken by them to recover the outstanding balance.

What if you do not agree

Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it."

Please help, i'm not sure how I can get out of this now, as they have stated IAS and POPLA are no longer options available to me.

Redx

ignore DRP and their "my findings" letters

these are fully discussed in the NEWBIES sticky thread at the top of this forum, plus if you read any other debt colelctor posts on here it tells you to ignore them

the big BUT here is that PE do take thousands of people to court (DRP cannot do this) so your problem is with PE

therefore, if you still have the letter and date it was sent to PE, if this was before 28 days were up after the pcn notice was received you can complain to the BPA and the DVLA

BUT if you did not appeal in time then there is nothing you can really do other than wait out the storm

do not ignore any LBCCC or MCOL from PE however , these will need to be responded to

you can send in a letter to PE complaining that they never issued a popla code after the previous appeal, (previous appeal enclosed) and see if that gets you a popla code

in future, appeal within the 28 days to get a popla code or cancellation

LASTLY, complain to the landowner and insist on a cancellation asap

ps:- as the NTK didnt arrive within 14 days , they can only pursue the DRIVER for up to 6 years., not the RK , so obviously nobody is to tell them who was driving on the day

The_Slithy_Tove

You should not state who was or was not the driver, even on these forums. PE monitor them. Suggest you make an edit.


You say there were "several months" between the date of the parking event and receiving the Notice to Keeper from PE. Exactly what was that time period? Sounds like it was outside the period stipulated by PoFA, so they can only pursue the driver, not the keeper. That's why you must not own up who the driver was.


Their letter is the usual load of rubbish and lies, no more than expected from such a bunch of disreputable, amoral, bullying scum.

littlelaurashoes

thanks for your responses. I need to dig out the original letters from parking eye to find out the exact date it came through, hopefully it was more then 14 days after I parked there.

Coupon-mad

Template letter. Search this forum for 'my findings' as this is quoted far too often - such an obvious computerised letter, the headings give it away. Ignore DRP.

Do this as recommended by Redx:

'you can send in a letter to PE complaining that they never issued a popla code after the previous appeal, (previous appeal enclosed) and see if that gets you a popla code'

OR

email ParkingEye as keeper and give them the name and address of the driver (who was of course not the keeper...think about it HARD and don't tell us here on an open forum). That rewinds the clock as long as the appeal you made never gave away who was driving - yet? PE will then have to send a nice new PCN to the driver who appeals and wins!

Email addy is:
[EMAIL="enforcement@parkingeye.co.uk"]enforcement@parkingeye.co.uk[/EMAIL]


HTH

littlelaurashoes

Ok, call me unorganised, I've found the original notice from PE, it was dated within 14 days.

So looks like my only option is to give them details of the driver, as my original appeal was only sent to them last week, am i correct in my thinking?

Coupon-mad

Naming the driver is the very best option seeing as it rewinds the whole thing to a winnable stage. What more could you want, you just need to make sure the driver is ready to use the template appeals when they get their own PCN.