Parking Eye appeal ignored. What next?

Tormore

Having read through lots of previous interesting threads I've got a slight variation which I can't find anyone else has posted about. Apologies if I've missed something:
I received a Parking Eye charge following overstaying the 2 hours limit at a Welcome Break service station, in October, where I took refuge when there was am accident ahead with reported motorway closure /3hr plus delays. I appealed within a few days to Parking Eye (with services receipts and explanation, disagreeing with level of charge etc.) but received no response other than a reminder, a further letter to "the keeper" and latterly a "letter before county court claim". This letter (dated 10/12/14) had what I believe is their standard threats and statements about no right to appeal/ too late to appeal to POPLA etc. and said proceedings would start in 14 days from the date of the letter. i.e now exceeded.
I wrote by return again, sending a copy of the original letter, including asking for further information about a judgement they boast about and asking for acknowledgement of my appeal status by return. (Information requested was re a test case in Cambridge they apparently won and state "we are happy to provide you with an electronic copy of this Judgement". I thought it may be of interest/use.)
As of today, I've still heard nothing about my appeal and I've not received the information about the Judgement. I was planning to now contact POPLA and Welcome Break but I don't have a reference number people mention regarding an appeal to POPLA so I'm wondering just what to do next. Wait it out and see what happens next or should I contact POPLA anyway, if I can do so without a reference number? If this then goes to court, I can show I tried to seek a resolution and they failed to follow due process, which I assume may help. N.B. I have proof of postage for both letters. All thoughts and advice would be welcome.

Marktheshark

The new tactic appears to be to refuse to acknowledge an appeal that looks like it is leading to a win at POPLA.

hoohoo

Email the bpa
aos@britishparking.co.uk

Dear BPA,
I wish to raise a complaint about ParkingEye. I have appealed their charge but have received no reply. Instead, they continue to send letters increasing the cost which is a breach of the code of practice. I have requested more information from them, but again I have received no reply.

I enclose copies of the letters sent, plus proof of postage.

This should get the BPA to give parkingeye and their mysterious black hole of mail a kick up the !!!!.

You should also contact the Royal Mail to complain that letters you sent with free proof of postage have apparently not been delivered.

Freepost RLZL-LHZH-JZHT
Royal Mail Customer Services
PO Box 740
PLYMOUTH
PL9 7YB

They will investigate for you.

Dear Royal Mail,
I have sent two letters which ParkingEye have apparently not received. I enclose proof of posting. Please can you investigate.

Herzlos

I'd contact the BPA about it, they seem to be able to get them to reply.

You can't do anything with PoPLA with a number, so don't worry about that. You've got proof of postage for the 2 appeals, so you're good there.

I'd send them a final letter, stating that since they've ignored both of your appeals, and you have evidence of such, you're considering the matter dropped. Should they bother with any further action, you can start by pointing out that you've been denied your opportunity to a fair and independent appeal and suggest PoPLA as the first action.

Redx

I dont see any reference in your posts referring to a strong complaint to the landowner (WB) to insist on the invoice being cancelled , as landowner it ir really them who have the final say in all of this including any court proceedings

so in your pursuit of a popla code via the BPA complaint, dont ignore the other option of the landowner complaint, which too many people seem to do , ie:- they focus on PE and not the fools who employed them

popla cannot consider your appeal until you have the all important POPLA code, issued by PE

hoohoo

Redx wrote: »

I dont see any reference in your posts referring to a strong complaint to the landowner (WB) to insist on the invoice being cancelled , as landowner it ir really them who have the final say in all of this including any court proceedings

Good point. With Welcome Break it is a must to contact the landowner for reasons which will be come apparent if PE ever take this to court.

Tormore

Thank you everyone. I've just sent an e-mail to BPA and will now also contact Welcome Break. I did tell PE that I intended to do this in my last letter so I'll go ahead with that and then I'll also send a further letter to PE themselves including the statement suggested by Herzlos. If court papers arrive in the meantime I'll follow that process in parallel as I'm not wanting to back down now.

fil_cad

Could do with someone undercover to get inside PE to film and expose the filthy goings on

Marktheshark

Just a point, many services dont actually own the land, they lease it and sub lease it via tax dodging off shore firms.
Land registry searches if they start court proceedings.
If the company in the "contract" is not land owner its game over if you pull it up.

Tormore

Following receipt of my LBCCC (dated 10/12/14) I wrote the above mentioned letter to ParkingEye (18/12/14) pointing out I hadn't heard any outcome of my appeal, they hadn't enabled an appeal to POPLA etc. I also, following advice given here, wrote to BPA (e-mail) and Welcome Break via their website. So far I've not had a response from either. I accept that that may be due to the Christmas period but I'm concerned that the clock is still ticking. Effectively I have received a LBCCC and it is well over 14 days since it was sent. Tonight I have followed up my communication with Welcome Break services, which as well as having a bit of a go about their service/lack of response and their accountability for PEs actions as they are operating on their behalf, I asked for confirmation as to whether they were the landowner of the services and, if not, who was. (I now know Welcome Break Services are owned by Appia Investments. I can't find anything that says who owns the land though. They share the same company address in Newport Pagnall.) I told them I was taking a copy of my message to them and I would use it in court submissions if that proved necessary. (I've now found there company head office address so if I get no reply I have that route.)
I was now planning to write to PE again but is that the best thing to do? Although I sent them the previous letter within a few days of receipt of the LBCCC, so that should serve as acknowledgement, it didn't include all the aspects that I've seen in the advice on the forum , e.g. from LazyDaisy, and I haven't used the Practice Direction I'm now beyond the 14 days and based on PEs approach to date, I just feel as if the court papers are going to be the next thing to land on the doormat rather than a resolution or POPLA code. Should I be doing something in the interim? I'm aware I stuffed up by responding to the original PCN and admitting I was the driver. (I'll just have to use that as evidence of what an honest, helpful person I am if it ends up in court!) Other than that, I think I have hit them with lots of valid points as to why their charge is inappropriate and their conduct unacceptable but not everything I could and should say in my defence is out there in the best way yet. If I don't get POPLA and I haven't responded top the LBCCC in the best way, have I missed the boat?

Tormore

N.B. I haven't as yet challenged the LBCCC itself and asked for a compliant one. Would doing that be of use?