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Parking eye-threat of court action. any help? (iv read stickys)

hi new to this forum. i have read the stickies still slightly confused on some points. so wanted to ask for a little advice..
i received a PCN from parking eye in June for parking at my local doctors and over staying the time limit.

a pay and display ticket was purchased and put on my car for 1 hour for my 9 month old son's doctors appointment. turns out the doctor was two hours over the appointment. however could not leave to put another ticket on the car as missing my son's appointment was not an option (very important)
turns out i received a PCN in the post with pictures of my car entering and leaving the car park. I ignored the letter and now have received a threating letter in the post saying to pay £150 or they will take me to court.
what should i do? is this too late?

many thanks
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    do as it says in the sticky threads, appeal anyway , to PE (like you should have done at the first pcn)
  • Umkomaas
    Umkomaas Posts: 44,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 September 2014 at 6:33AM
    Have you complained to your Doctor about this preposterous situation? This is not your fault you 'overstayed' at the car park; it was your Doctor who created the situation.

    Press hard for the surgery to instruct PE to cancel this.

    You need also to check the heading on their latest letter - is it headed (or included in the text) Letter Before County Court Claim or similar? If it is, you need to read zzzLazyDaisy's advice in Crabman's sticky at the top of the forum index - and take recommended action in parallel with your complaint to your Doctor. zzLazyDaisy is a retired solicitor, so her advice will be the best available here for dealing with any LBCCC.

    Once again a case of a PPC taking the opportunity to prey on the sick and the vulnerable.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    It I would certainly be shouting loud and long at the surgery every day until they listen!
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • thank you very much for your replys i have not yet complained to my doctors. although i am going to as it is absolutely rediculous in my opinion. im worried i am now too late to appeal the PCN. im not very clued up on this area if i am honest.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you had 28 days to appeal the postal pcn , after that they dont have to give you a popla code, but you should appeal anyway (like it says in the NEWBIES sticky thread)

    plus you should also complain to the landowner, ASAP , if not sooner , for a cancellation (should have been done when the pcn was received, as should the initial PE appeal too)

    by ignoring the pcn, you have virtually agreed to allowing them to take you to court, by default, as PE currently are on target to exceed 30 thousand court claims this year against people like yourself, especially those who ignore them

    so appeal to PE, tonight , using the online appeal system, as RK , not driver , plus complain to the landowner for cancellation tomorrow

    the only thing ignore is likely to do is bring court papers from Northampton, in the post , only a fool would ignore those

    cant understand why you would ignore the initial pcn as if it would just "go away"
  • i also wanted to add instead of starting a new thread. i also got a ticket last week from smart parking for my car being parked in a disabled parking bay at asda without a blue badge being displayed. i understand the frustration people get with no disabled parking in disabled bays. the thing is my mum came out of hospital that day after having a major operation to remove a cancerous tumour (part of her lung removed) then her other lung collapsed so as you can imagen she could not walk far at all. however she does not have a blue badge as of yet. do i have any case for this at all? i was going to complain to the manager. i shop there every week spending over £200 so might just have a serious complaint to the manager and tell him im going to shop at tesco instead.
    sorry for second rant didn't want to start a new thread for this topic.
  • thanks for reply red x do i stand a chance at all with parking eye as i dont really fancy paying £150 out
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 17 September 2014 at 9:33PM
    difficult to say as you may even win in court, some do , some dont, but Mr Beavis is going to the Court Of Appeal next february due to him ignoring a PE pcn so imagine those costs too

    but if you dont ask , you dont get , so appeal anyway, otherwise I can see court looming, which is why you need a landowner cancellation ASAP


    as for the BB, its not valid on private land , so only the EA 2010 applies at asda or any other private car park, so this person would have to have a long term problem and be valid and qualify under the EA 2010 (like I am) to qualify for parking in a disabled bay

    those bays are provided BY LAW for protected people under the EA 2010 , so nobody else should use them no matter what the reason or who they are or were

    if she qualifies then the BB is irrelevant, if not it makes no difference

    but they are appealed the same way, as per the newbies sticky thread, post #1 template to PPC (not so smart) , post #3 for a popla appeal to popla, providing you appeal within the 28 days of the pcn arriving
  • ok thanks for you time. i appreciate it
  • do you think in your opinion if complaining to the doctor surgery does not work i should consider paying the PE one as i do not want to go to court and end up losing.
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