Parking Eye appeal ignored. What next?

Coupon-mad

Tormore wrote: »

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

I tend to think the most important thing for people to say in 2015, in response to ANY PE posturing, is to refute their reliance upon PE v Beavis and point out you KNOW that case is set for the Court of Appeal in February - and if they issue court papers in the meantime, you will be asking your local court for an order to stay the claim for the Beavis outcome. As such, the burden falls upon PE as claimant, to mitigate any loss and so they must not now issue court papers, to do so would be vexatious and unreasonable knowing all parties are aware of the Beavis case pending CoA decision. And tell them you've complained to the BPA as they ignored your appeal letter and should have offered POPLA. A such, you suggest they just cancel because you will win at POPLA when the BPA investigate and ensure a code is provided.

As for your complaint to the BPA, you should have got a response from Steve Clark so did you send it to him?

[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

If not then re-send the complaint with proof of posting (why didn't you just appeal online, would have been provable and PE don't lose those?). Waste of time sending a snail mail letter when there's an online version available. Don't make the same mistake with POPLA stage when you get the POPLA code.

Tormore

Thanks. I sent my BPA e-mail to [EMAIL="aos@britishparking.co.uk"]aos@britishparking.co.uk[/EMAIL] so will re-send to Steve Clark.

I sent hard copy letters to ParkingEye because at the time it seemed easier and I hadn't anticipated how things would go. I thought it the best way to keep a record of what I had said. eg. with Welcome Break website you type in a box and then it isn't retrievable, hence why in my last message to them I used screen captures. Live and learn.

I'll write again to PE via their website appeal format, assuming my Ref number isn't time barred. I'll refer them back to my previous correspondence, inform them of my complaint to Welcome Break and BPA and refer to the Beavis case as advised.

With reference back to PEs LBCCC. In the main letter they state "should you wish to contact PE, you must do so within 14 days of the LBC". It is under "Further Information" that they say how they are compliant with the Practice Direction and "must draw your attention to this ...". To me they imply this is to convince you of their compliance - not that there is something you must now do under it. Further dodgy practice or am I getting confused between stages?


Is what I have so far enough to cover the fact I have not as yet submitted a full defence? On one hand I'm saying I shouldn't have even received a LBCCC at this point but on the other hand does the fact I have mean I should be submitting a full defence (not just a reiteration of my original appeal to them) or is that if and when I receive papers from the court?

BenefitMaster

Marktheshark wrote: »

If the company in the "contract" is not land owner its game over if you pull it up.

Shades of Castlepoint and Devere :-)

The_Deep

Just keep the letters going, ask pertinent questions, such as, "please let me know if the Beavis case is being appealed" then when they say it is, ask them why therefore they mention it.

Make reasonable offers to settle/mitigate, "in order that I may consider this matter further, would you please .... ?"

Keep as many balls aloft as you can, create a paper storm, it pulls the ruguig from under them if they take it to court.

Tormore

BenefitMaster wrote: »

Shades of Castlepoint and Devere :-)

I've found several references to Castlepoint and Devere but I'm not sure if you are pointing out shared dodgy practice or whether there is something about some particular history I should be aware of and use or avoid.

I did do a search to confirm if Welcome Break are the landowner or not but couldn't be certain if the information I found was for a particular building in the Services area or the whole of it. I'm hoping Welcome Break will give me the information as requested.

BenefitMaster

Which Welcome Break was this? I'm a regular in there (mother used to work for them) so I may be able to give you some useful information.

Tormore

The_Deep wrote: »

Make reasonable offers to settle/mitigate, "in order that I may consider this matter further, would you please .... ?"

Keep as many balls aloft as you can, create a paper storm, it pulls the ruguig from under them if they take it to court.

Interestingly enough, because they have never acknowledged my original letter, which was within a few days of receipt of the PCN, I have never actually refused to pay anything. I just said words to the effect that I felt it was unreasonable to charge given the circumstances, was excessive/ no loss suffered.

If I had agreed to pay up, it is PEs delay that took me outside the original date for a discounted rate, and subsequently to the point of the LBCCC situation. i.e. PE can't even say I have refused to pay, just challenged the level of the invoice. Any refusal to pay on the basis of no reasonable estimate of loss and disputing their right to charge me etc. hasn't actually happened yet.

If anyone can clarify, I could still therefore do with understanding how much of my defence and any challenge to the compliance of their LBCCC I should send now to PE ahead of knowing if this will be referred to POPLA or go to court.

Tormore

BenefitMaster wrote: »

Which Welcome Break was this? I'm a regular in there (mother used to work for them) so I may be able to give you some useful information.

Thank you. Charnock Richard (North)

I'm intending to call back in next time I pass and check the quality of their signage. I did miss it, but my mind was on how to get home when there was a 146min delay just to get as far as J34. (I'd estimate a distance under 30miles, and I was travelling well beyond there.) [When it was still showing on the Services information board as not getting better until 10pm I sat in the car for the best part of an hour trying to get sat nav to work something out sensible that wouldn't get me lost in a strange city in the dark.] Do you have any thoughts on signage with regards to reminders within the service building and in the dark?

Tormore

I'm just trying to work out where I am in PE's strange process. I've now received a debt collection letter from DRP. (Have read advice re ignoring or disputing strongly so ok there.) It indicates PE have even ignored my letter and not called their dogs off in response to the LBCCC referring them to the fact I appealed and received nothing back. Seems strange though that the LBCCC gave 14 days to pay up or court action started, which is now well past, but this one now gives about another 10 days before saying they will recommend court action to their creditors solicitor. Still hoping I'll cave to avoid court?


Please can someone clarify at what point I can only add to my defence using a N244 form. Is it to what I have said in response to LBCCC or when a response to the actual court claim is submitted?

hoohoo

You only file your defence when you get a claim, which has not happened yet. At that point you should at least list all your defence points. You can expand on them later in your skeleton argument. You cannot add new points without either paying a fee or getting the court permission (but in the small claim you might get permission)