ParkingEye - Late to the game

TedMauled

I have read the Newbies thread and start this thread reluctantly, but in case of any advice from the regulars (thanks in advance) and also to explain my unusual circumstances.

I am on day 64. I have already received 'Parking Charge Notice', 'Parking Charge Notice Reminder', and a further untitled reminder giving me until 22 Sept to pay up. Only by post. Nothing was ever put on windscreen. It appears to accord with POFA 2012. The only thing is that it suggest my offence was 'either' not purchasing ticket or overstaying. I definitely did neither. They don't confirm my specific offence.

The reason why I had not picked these 'notices' up was because I moved house, updated my driving licence address details but not the DVLA ownership form. Stupid of me, but it's done now. Collected post yesterday. Have now contacted DVLA.

From Newbies thread, I need to appeal to the PPC asap to try to get the POPLA code.

The demand is literally groundless. I have used that car park dozens of times for work and always bought a ticket which covers the entire day (have gone to car park to check signage to double check I had done nothing wrong).

A further problem is my car is currently being fixed. There is a 1% chance the ticket will be in there but I can't find out for sure until Friday (have asked Garage to check). But on the basis there's only a slight chance of me not having thrown the ticket away weeks ago, I expect I will submit my appeal to the PPC today.

I will also write to the landowner although this is the owner of a business park that rents part of the space to ParkingEye for public parking, so I fully expect silence.

If there is any view on which address I declare as keeper (either my old address - I can still collect mail from there, or my new address) that would be appreciated. Also if there are any threads of experiences similar to mine. I did search but couldn't find.

I start the thread reluctantly as I know there are too many already, but hopefully it will conclude with a win. I've no intention of paying this.

Quentin

Give them the correct keeper's address - you don't want to discover months/years down the line that unknown to you they have successfully won a court judgement by default because they have only corresponded with your old address and all court docs have gone there!

TedMauled

Thanks Quentin
Also the garage have come back and said no sign of any ticket. Serves me right for keeping the car tidy.
So I expect I'll use the template. Another quick question, Would I include point (e) on the template even if I had seen the signs? Don't want it to reflect badly on me down the line etc.

bod1467

It really doesn't matter. Point e) is really about the signs being compliant with the BPA CoP and traffic regulations, regardless of whether they were seen.

TedMauled

Thanks Bod. I will go ahead and use the template and submit online. I am not planning to give them my phone number or email address, just updated postal address.

Umkomaas

Updating your V5C with your new address will not update PE's information; they will still write to your former address. Many have been caught out by this and now have CCJs against their name and fighting (and paying) to get the judgment set aside.

You need to make it clear, in writing, to PE that you have changed your address and that all subsequent correspondence should now be directed to you new home.

However, doing this is no guarantee they will comply, so I'd be putting in some contingency to check for mail at your former address should you hear nothing from PE in response.

At least by putting this in writing (by post, with free certificate of posting from the PO) you have a paper trail should things go Pete Tong.

TedMauled

Thanks Umkomaas - so a belt and braces approach. To do the online appeal and also to contact by letter and get the proof. The same text in both. I will insert the following paragraph into the template:

*PLEASE NOTE CHANGE OF ADDRESS. ANY FUTURE CORRESPONDENCE SHOULD BE SENT TO (my new address)*

Keeping an eye on the post at my old address won't be a problem.

Fruitcake

TedMauled wrote: »

Thanks Umkomaas - so a belt and braces approach. To do the online appeal and also to contact by letter and get the proof. The same text in both. I will insert the following paragraph into the template:

*PLEASE NOTE CHANGE OF ADDRESS. ANY FUTURE CORRESPONDENCE SHOULD BE SENT TO (my new address)*

Keeping an eye on the post at my old address won't be a problem.

MUST, not should.


If they continue to do so after you have told them, complain to the BPA and DVLA about parking lie's underhand tactics.

ampersand

Odd, had just posted similarly on heels of Umkomaas, Fruitcake - another disappeared post.
Also suggested it topped and tailed letter in bold,[yes, making it too easy for them, I know]and
'You are required to confirm this within 5 working days. Failure to comply will be held as evidence for any future proceedings I may take against you.'

Quentin

Keeping an eye on the post at my old address won't be a problem.

Bear in mind they have 6 years to take legal action.

TedMauled

6 years...! I still own the previous property but rent it out now hence being able to collect mail. But will keep that in mind. I already appealed online (yesterday) as I wanted no further days to elapse - but I had changed the wording to ANY FUTURE CORRESPONDENCE TO BE SENT TO - which is a bit more robust. However I will send the letter today with the stronger wording as follows:

PLEASE NOTE CHANGE OF ADDRESS. ANY FUTURE CORRESPONDENCE MUST BE SENT TO (my new address)

I challenge this 'PCN' as keeper of the car, on these main grounds:
a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.
Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.
''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.
Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.

PLEASE NOTE CHANGE OF ADDRESS. ANY FUTURE CORRESPONDENCE MUST BE SENT TO (Adress) You are required to confirm this within 5 working days. Failure to comply will be held as evidence for any future proceedings I may take against you.

I have kept proof of submission of this appeal and look forward to your reply.
======
I'll be sending this at midday today in case anyone has any last comments. Thanks again all for your help with this.