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final demand parking eye

hi all, ive had a look through the forum posts and couldnt find anything like what im about to ask-
i recieved a letter from our friends parking eye earlier this week, stating that this letter was the final demand before ccj. the thing is, i havent received any other letters before this one so whats the best course of action? do i just phone up and complain and demand they drop the case and all charges or do i need to throw some legal stuff at them?

thanks y'all

fluidenergy

Replies

  • pogofishpogofish Forumite
    10.8K Posts
    Part of the Furniture 10,000 Posts Name Dropper
    Forumite
    Start by reading the Newbies Sticky at the top of the Forum instead of old posts.

    Your situation is fully explained in Post 1.
  • cheers pogofish, sorry im new to this forum and am struggling to navigate it. im still not sure which sticky you mean? sorry :(
  • edited 1 December 2014 at 11:15PM
    Coupon-madCoupon-mad
    111.8K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    edited 1 December 2014 at 11:15PM
    The one at the top of the forum or 2nd top. Use the FORUM JUMP on the right of this page, and click GO to get back where you started and read the top threads, it's what they are there for! We will not provide a link to a thread that was there begging you to read it, before you hit 'New thread'.

    Do you ring them up? Errrrm...no. What do you think they will say...come on this is a private parking firm whose agenda is MONEY.

    Read the bit in the NEWBIES thread about 'resetting the clock' so the driver can appeal.


    You KNOW the driver wasn't the keeper - YOU KNOW THEY WERE NOT. No, they really were NOT. Think about it - NOPE the keeper wasn't the driver, even if this letter doesn't tell you much, just name the 'other driver' (name and postal address) and get the case set back to a stage where it can be appealed. Unless this letter you have got, allows you an appeal? It's not one where they have traced you after you moved house is it? That letter normally allows an appeal.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • aha. got it.

    so hows this then:



    You issued me with a parking ticket on 10th September 2014 but I believe it was unfairly and unlawfully issued. I will not be paying your demand for payment for the following reasons:

    • a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It's a disguised penalty & not commercially justified.
    • b). As keeper I believe that the signs were not seen, the wording is ambiguous & the predominant purpose of your business model is intended to be a deterrent.
    • c). There's no evidence that you've any proprietary interest in the land.
    • d). Your 'Notice' fails to comply with the POFA 2012 & breaches various consumer contract/unfair terms Regulations.
    • e). There was no consideration nor acceptance flowing from both parties & any contract with myself or the driver is denied.
    • f). This isn't a 'parking ticket' - it's an unsolicited invoice with as much merit as the publicly-derided £100 taken unlawfully from customers by a dingy Blackpool Hotel.


    According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £100 charge you are asking for far exceeds the cost to either the landowner or your firm.

    The notice to keeper is incorrect
    The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012. As this is the first letter I have received regarding this matter, which is dated 10th September 2014, and I received your fake PCN on 27th November 2014, it exceeds the 15 day maximum after the alleged parking offence I have been denied the opportunity to appeal. This is, of course, illegal and I will be reporting this to my local council and POPLA, as well as making a formal complaint to your ‘company’.


    If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

    Yours faithfully,
  • The_DeepThe_Deep Forumite
    16.8K Posts
    Hang on, what is that about? You mention a notice to keeper, but in your OP you say that you have nor received a NTK.
    You never know how far you can go until you go too far.
  • All ive had is a letter before final demand in the post from parking eye. This is why ive no idea what to write back.
  • Coupon-madCoupon-mad
    111.8K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    There isn't a PE letter called a 'letter before final demand'. What do you mean?
    As this is the first letter I have received regarding this matter, which is dated 10th September 2014, and I received your fake PCN on 27th November 2014
    What did you receive and when; how many letters and what were they headed up (PROPER WORDING PLEASE).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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