Parking Eye/Debt Recovery Plus

Wanted76

Hi there, I have read numerous threads and the newbie one. Apologies in advance for creating new thread but I just want advice to my situation.

I received an initial letter from Parking Eye around a year ago at the time I just ignore it.

PARKING CHARGE AMOUNT DUE: £85.00
PAYMENT TO BE MADE WITHIN 28 DAYS OF DATE ISSUED: **/**/2013
This parking charge is discounted to £50.00
if paid within 14 days of the date issued: **/**/2013
After this date, the full parking charge amount will be owed.

It has reached the point of receiving a letter almost year later from Debt Recovery Plus seeking to obtain £135 on behalf of Parking Eye.

And now a notice of intended court action ...UNPAID PARKING CHARGE £135. COURT FEE £25 AND SOLC COST £50.

I am not paying my hard earned money to these jokers. they can take me to court.

So do I keep ignoring as before ?

Fruitcake

The advice here has been not to ignoore for nearly two years now. Have a good read of the Sticky thread for NEWBIES, especially the section about being at court stage. Don't pay, but challenge it.

You must deal with the PPC and the Court.

Do not contact the debt recovery company as they are toothless and can do nowt except send you an alternative source of bog paper.

Wanted76

Fruitcake wrote: »

The advice here has been not to ignoore for nearly two years now. Have a good read of the Sticky thread for NEWBIES, especially the section about being at court stage. Don't pay, but challenge it.

You must deal with the PPC and the Court.

Do not contact the debt recovery company as they are toothless and can do nowt except send you an alternative source of bog paper.

I have had a good read of the NEWBIES and am more confused.

I contacted DRP to send me evidence of when I was there as I wasn't sure If I had gone over 3 hrs. They have sent me some letters that were sent to me originally by PPC.

Do I have realistic chance of not paying or paying the original amount £85 (which was discounted and How?

what should be my next step?

Coupon-mad

Same advice as all the other threads recently that you will find when you 'search this forum' (heading above the sticky thread on the right next to 'forum tools'). Your keywords might be 'ParkingEye Recovery Plus' (where ParkingEye is one word). This same question has cropped up twice before in the last week at least.

The keeper should try very hard to recall who was driving because...hopefully...the keeper will remember that it wasn't the keeper...the Newbies thread covers resetting the clock. It gets your family back to PCN stage where you can win at POPLA. Court threat is avoided, everyone is happy.




P.S. No idea why so many people in 2013 ignored ParkingEye when that was NOT the advice. Bad Googling and reading old advice on old threads is the problem here.

Wanted76

So as on the day my brother was driving car.. I have to call or write Parking eye and tell them?

Then they will have to send him first letter, and we can appeal through popla? ?

As for debt recovery plus, shall I ignore them or call them and tell to not send me any letters as I am dealing with Parking Eye?

Also if there's no receipts, will I be able to still appeal?

Redx

the golden rule is , DO NOT CONTACT DRP (or any debt collectors)

yes you can appeal, just do as CM said , with PE , not DRP

Coupon-mad

From your pm:

Shall I call PE or write to them?
do i call DR plus and tell them i am dealing with PE and dont send me any letters?

Obviously you don't phone a parking firm nor a debt collector! What do you think they would say seeing as both are scam industries driven by money?! IGNORE DRP.

The template letter you need now, quickly, is linked in the section of the Newbies thread at the top of the parking board where the heading says:

TRY TO 'RESET THE CLOCK' TO APPEAL STAGE (POSTAL PCNs ONLY, NOT AIRPORT OR DOCKS/PORTS)

There's a link under that section of post #1 of the Newbies thread, discussing resetting the clock and there in the link, you'll find a blue letter example template of what to write. OBVIOUSLY you must warn your brother & family about the letter he will get. Your brother then has to reply when he gets his own PCN in the post and send the template first appeal to PE online in time. Then he appeals to POPLA using our PE template suited to your case (either the free car park example or the pay and display car park version).

All in the newbies thread so hop back there now using the forum jump bottom right of this page.

Wanted76

I take this is the one

ParkingEye Ltd
Legal Department
40 Eaton Ave,
Buckshaw Village,
Chorley,
PR7 7NA

17th October 2013

[Insert the reference quoted on their LBCCC]

Dear Sir

Vehicle Registration Number [insert reg number]


I am the registered keeper of the above mentioned vehicle.

I am writing to acknowledge the letter before county court claim dated [insert date] and to inform you that I was not the driver of the vehicle on the date of the alleged 'parking event'. Therefore you must pursue the driver, whose details are:

[INSERT NAME]

[INSERT ADDRESS]

Please note: this discharges my obligation as Registered Keeper under PoFA 2012 and any court proceedings will be defended on that basis.

Yours faithfully

PRINT NAME

Wanted76

I am going to send it them through their MAKE AN APPEAL section via their website.

Shall I post it to them as well ?

Or via website is sufficient.

Ignoring debt recovery plus letter of court action intended.

dvdrdl

So I get three debt recovery letters from this company for three separate occassions from last July?

I remember binning the old ones as per advice I read at the time.

Am i right in thinking this was the wrong thing to do.

I really have no ideas who was driving at the time.

In fact the one letter I have is for a parking ticket in july 2013, long before my car was even built :-S ... so not sure what thats all about.

Wanted76

Your Ref.
Date

Appeals Department
Parking Eye Car Park Management
P.O.Box 565
Chorley
PR6 6HT

Dear Sirs Recorded Delivery and by Email: appeals@parkingeye.co.uk

Vehicle Registration: XXXXXXXXXXX

Vehicle Model: XXXXXXXXXXXXXXXX

Date of Event: XXXXXXXXXXX
Date Issued: XXXXXXXXXXXX

I confirm that your speculative invoice dated xxxxxxxxxxxxx issued to XXXXXXXXXX of XXXXXXXXXXXXX has been passed on to me on the grounds that I was the driver of the above vehicle at the relevant date, time and location - the XXXXXXXX Car Park at XXXXXXXXXX For the sake of clarity I admit to being the driver.

Please note however, I shall not be paying the sum demanded and would be grateful if you would kindly treat this communication as an appeal/complaint.

The grounds upon which I dispute liability for any sum are as follows:

1. The charge is not an appropriate amount. It is trite law that the imposition of charges for parking or trespassing on another person’s property MUST reflect the actual loss incurred by that action. Since this is a free car park there is no loss to the landowner so any charge is punitive which has been held in the High Court (1) to be unenforceable.

2. I am not liable for the parking charge. Your company have no proprietary interest in the land and thus unable to offer me a contract to park on the land. Simply put, you have no standing or legal capacity to contract with me. The enforcement of any parking charge is exclusive to the landowner. (2) (3) Furthermore, it is incumbent upon the actual landowner to demonstrate that he has suffered actual financial loss as a result of me exceeding any contractual terms, if any, in what is a free car park. Furthermore, a punitive demand in what is a free car park, it is contended, would be judged by the court to be unreasonable and therefore, would be amongst other things an unfair contract penalty under the terms of The Unfair Contract Terms Act 1997, which would not be legally enforceable. In any event, I have no doubt a court would take the view that exceeding the time limit by 13 minutes would be regarded as de minimus.

3. Inadequacy of signage. (4) Your sign in the car park fails to state that the cameras are used to obtain evidence which may be used to issue enforcement notices. There is only a small image of a camera and the text 'car park monitored by ANPR systems'; fails to mention what the data will be used for. This is a clear and unambiguous breach of The BPA code which states:


B6.1 (2011 Code of Practice) & 21.1 (2012 code of Practice)

"You may use ANPR camera technology to manage,
control and enforce parking in private car parks, as long
as you do this in a reasonable, consistent and transparent
manner. Your signs at the car park must tell drivers that
you are using this technology and what you will use the
data captured by ANPR cameras for."

My investigations reveal that the inadequacy of your signage is not simply confined to the XXXXXXX Car Park in XXXXXXXXX.

Operating in breach of one’s own industrial code of practice in my respectful opinion represents an unfair commercial practice under the Consumer (Protection from Unfair Trading) Regs 2009. Under the circumstances, this is a matter which I shall be taking up with Trading Standards, OFT, the Information Commissioner and DVLA.

Yours faithfully