Parking Eye - chasing from over 1 year ago.

Teepsghp

Hello there,

First post, please be gentle.

I got a call from my Mum the other day saying there was a letter at her house addressed to me. I went there, opened it, and it was a threatening letter from Parking Eye, stating something along the lines of; We wrote to you several times because you breached a contract in a car park we cover in March 2014 by overstaying the free 2 hours (it wouldn't have been by loads, couple of hours tops but I would imagine less). You have not replied, you have 14 days to pay us £85 or similar, or we're going to take you to court. We draw your attention to our recent successful court case against Beavis - and from reading the letter, it read as though Beavis had appealed against them, which I didn't intend to do.

The last time I checked, the advice was to ignore such letters, so I shredded it and came home.

Due to the comment about Beavis I began wondering if shredding the letter was the wisest move, and thought I should have a look into what happened, and oh boy, it appears there have been some changes to "ignore" advice, and it appears that Mr. Beavis ignored such letters as I have been doing!

Right, so I lived at a flat when I apparently breached this contract but I moved out of the flat around the date given. I moved into my parents' place whilst I arranged a further home, and I had all my mail on divert to my parents' address. Due to this, I didn't register my car to their address as I would receive any correspondence sent and it was only for a few months. I do vaguely recall receiving a diverted threatening letter from Parking Eye which was duly ignored. Later in 2014 I moved into my new place and registered my car there straight away. I don't THINK Parking Eye sent anything to my current address but I can't say for sure, if they did, it got binned. I also had a divert from my old address to my current one, and if PE did sent anything, I think it was to my old address and diverted, but again can't say for certain.

In the letter, they said that they had written to me at my parents because they had sought my details from a credit firm (I think I applied for a credit card whilst living there and had to give it when making arrangements for my new place so makes sense). They said that they had tried to write to me at another address (I suspect the flat that the vehicle was registered to) and received no correspondence from there either.

Point being, I don't think they have written to the address I was/am actually living at at any point.

Thing is, I can probably manage to pay them if need be, but I have ignored a few other letters from them in the past and if I have to cough up all of them I am going to struggle.

As I always said, if they wanted what I should have paid plus a few quid for letters i.e. a tenner or £15 for the £4 I should have paid, I would pay it, but £30 to me always seemed way too excessive and the £85 charge really exessive, but apparently not having read a little about the Beavis case!

Oh and I think I am about 4-5 days into the 14 days they mentioned!


So any advice, greatly appreciated and thanks in advance.

Redx

I think you may be at the LBCCC stage so read the LBCCC thread in the crabman sticky thread (as you are wayyyyyyyyyyyyyyyyyy past appealing in the usual manner)

the ideal situation would be if you got a landowner cancellation

bear in mind that PE issue tens of thousands of court claims per annum , including Barry Beavis who also ignored them

he is on his third court date in about 4 weeks time, at the Supreme Court (alreadt been to County Court, plus the Court of Appeal)

this Supreme Court decision is expected in several months time and will hopefully define the laws on these matters , so I bet they didnt tell you that the one they mention is on appeal and so all cases are being stayed pending the outcome

Teepsghp

I will have a read.

Landowner cancellation - I have no idea how to find out who owns the land, the said car park is one which houses approximately 8 different stores.

They certainly didn't mention beavis appealing but I wouldn't expect anything less from ParkingEye given their previous misleading letters.

Thanks.

Teepsghp

Right I have read that thread and posted a comment on it. I think it's quite clear I am going to have to go against my old values and speak to ParkingEye.

The issue is, I don't have any references to write to them with, so I will have to use the details of my vehicle, and say that I have never received any correspondence from them.. can I have it please.

I am wondering if this will slow things down with regards to them taking it to court?

And secondly, are they likely to try to come after me for the invoices I have ignored in the past?

Also - I have found a way to contact the owner of the car park and am thinking of firing them an e-mail the same day I write to ParkingEye... just have to explain that as the registered keeper I have no idea who was driving on the said day over 1 year ago but as a regular customer of the stores on their car park I would appreciate it if they could use their discretion and cancel this charge, or at least allow me to negotiate a more realistic figure close to what they actually would have lost than the £85 demanded from the company that looks after their car park.

What do you reckon folks?

Redx

DO NOT SPEAK TO PARKING EYE, never speak to a PPC

write an old fashioned letter as detailed in the fightback thread, denying any debt and saying that no invoices were received etc

tell them to send any copies to you at your new "service address"

do not admit who was driving, or infer who was driving (no dropping yourself further in it)

the land registry can tell you who owns the land if you dont know the details or if what you say fails to work

get pro-active, but dont shoot yourself in the foot

dont offer anything at this stage , to anyone , just deny the debt and try to get a landowner letter of cancellation etc

parking eye have 6 years to pursue any and all invoices, under the small claims procedures that have been in place since 1973 (42 years) , as do we all in england and wales

Teepsghp

Thanks Redx. I guess that I worded that badly, I meant I was going to write to them as opposed to speak to them on the phone, that's the last thing I want to to!

I'm going to write to them, pretty much as you say, confirm I am the keeper of the vehicle and that I did not receive their letter due to it going to the wrong address... and it has been misplaced so has not reached me, and basically ask them to send their correspondance to the correct address.

Teepsghp

Well, after 1 letter to the above effect, I have received a letter from them saying that the charge has been cancelled.

I suspect they either no longer have their "evidence" from so long ago, or that the said car park does not permit them to take matters to court, I seriously don't see that PE have cancelled the charge as a good will gesture.

The moral is - if you think the charge is out of order - challenge!

Thanks for the advice received. :beer: