Parkingeye PCN ignored now notice of court HELP!

Goldfish93

Using the template/information Coupon-mad suggested (practically word for word), i sent an email to enforcement section of parkingeye and yesterday received a response from the debt management company and not parking eye.

They have declined my appeal. Details of their response below:

About your parking charge
Thank you for your communication 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 an Independent Appeals Service (if applicable) 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.
The terms were breached because the vehicle was parked for longer than the time allowed on the site.
Registered keeper liability
As you failed to provide the driver’s/hirer’s contact details within the stipulated timeframe, liability now rests with the registered keeper of the vehicle (see section “More Information” for a detailed explanation).
Internet templates
I must also stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition, I would recommend that professional legal advice be sought on this matter as an alternative.
What you need to do now
Please ensure that £120.00 is paid by 18th September 2014. Payment can be made online or by phone. Go to (link deleted) or phone 0844 561 0965. 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.
If you do not intend to pay by the deadline, I draw your attention to the following important court ‘test’ case where judgment was entered for a parking company when the charge was disputed on multiple grounds. The senior judge found completely in the parking company’s favour: ParkingEye Ltd v Beavis & Wardley [2014].
A transcript of the case can be found at (link deleted)
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.
More information
• This parking charge has been issued under the terms of the Protection of Freedoms Act 2012. To comply with that act, we may need to write to you at specified times until the account is settled.
• In accordance with page 20 of the Department for Transport’s guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges, the alleged driver’s details have to be provided within 28 days of the notice to keeper alongside a serviceable address for the driver (i.e. within the legal jurisdiction of where the contravention occurred [England and Wales]). If both of these conditions are not met, the liability cannot be passed on and will remain with the registered keeper. As you failed to provide the above within the stipulated timeframe, liability now rests with you as the registered keeper of the vehicle.


I'd be really grateful for any comments/suggestions on my next step

Cheers

Redx

looks more like a debt recovery letter than a PE letter

the MY FINDINGS and the OUR CLIENT and the fact they have ignored the non POFA 2012 liability seems to indicate they did not read your letter at all and have just sent you a template, probably labelled MY FINDINGS , or that its come from DEBT RECOVERY PLUS or some other debt collector as you correctly mentioned

strange that PE just passed it on to DRP

Goldfish93

Yes, they don't appear to have read it or certainly ignoring the points. Do I respond to the debt recovery co or chase parkingeye for their response? Can anyone confirm that it is too late to appeal as they are suggesting? I'm wondering whether I should send another email stating the reasons for not being liable as registered keeper again? This charge relates to southampton town quay.
Many thanks

Dee140157

Do not respond to the debt recovery letter. It's just not worth it.

Now interestingly several members have recently heard that their registered keeper appeals re Town Quays are on hold pending an investigation by the DVLA into the issue.

Do a new forum search on this and you should find the posts. Search eg Southampton Town Quays of Southampton Leisure World.

You haven't made it clear whether or not you have sent off the email written for you by Coupn-Mad. If you have then do nothing. if not, then why not? It is the best advice you will get from probably the most experienced advisor and it is rare any of us argue with C-M unless we are being stubborn.

I can't see PE taking a RK to court while all this is going on.

Umkomaas

I wonder if PE are shunting all the Southampton stuff to DRP while the DVLA investigation is underway, which will divert the spotlight from them, and with a distinct possibility that a number of people will still cough up?

Goldfish93

Thanks Dee140157 - I'll go and check them out. I sent the email as suggested by coupon-mad direct to parkingeye, although they didn't respond, Debt Recovery P did.
I will continue to ignore DRP for time being and keep reading the forums.
Many thanks

Goldfish93

Update:
After ignoring all DRP letters I chased up a response from parking eye using some information taken from benefits master (thanks btw) giving them 7 days to respond.
Today I got a response advising that they were putting the parking charge on hold pending the outcome of the DVLA and BPA investigations into how the Associated British Ports Town Quay appeals should be dealt with.
I have to admit I am relieved and will be keeping my fingers crossed that they side on us and not ParkingEye and co.
Again many thanks to all who have helped (even if you didn't know it!):)

Umkomaas

You may want to keep an ongoing eye on this PePiPoo thread, which is strategically interesting in the context of Town Quay, Soton.

It's got a number of PePiPoo heavyweights pitching in.

http://forums.pepipoo.com/index.php?showtopic=92309