ParkingEye - Letter Before County Court

Poster74

Hi,

I have ignored (and binned) all previous letters, based upon my understanding that these would never be followed up. That was years ago, I now understand thats not the case anymore !

I have just received a 'Letter before Country Court Claim' from ParkingEye. Either pay the £100 fine now or see them in court ! It was very late night/early morning and I just left the car park thinking it was out of hours - it wasn't!).

Is there anything I could do, or just pay up and lesson learnt ?

Redx

this thread had similar concerns about PE (but was subsequently found to be CEL)

https://forums.moneysavingexpert.com/discussion/5427443

the same advice applies though

Coupon-mad

Poster74 wrote: »

Hi,

I have ignored (and binned) all previous letters, based upon my understanding that these would never be followed up. That was years ago, I now understand thats not the case anymore !

I have just recieved a 'Letter before Country Court Claim' from ParkingEye. Either pay the £100 fine now or see them in court ! I dont have a defense as such ( It was very late night/early mornig and I just left the car park thinking it was out of hours - it wasn't!).

Is there anything I could do, or just pay up and lesson learnt ?

You can defend but you need a case, e.g. that the signs are not lit (you can't have seen them in the dark then if you assumed it was out of hours for any payment). Have to say your chances are low (and it's County Court but we assume that's just a typo).

If I were you I would consider emailing them and make an offer to resolve this out of court:

enforcement@parkingeye.co.uk

Maybe offer £30 and see where you get, negotiate. Not saying you cannot turn this around but I'm being realistic, seeing as this is PE buoyed by the Beavis case, sending out threats left right and centre which they WILL see through to court and WILL send a solicitor.

Or if the keeper is not the driver, the keeper could email with the driver's name and address and tell PE to take it up with the driver.

They will then reissue a PCN, normally, even this late in the game and the driver would then be able to appeal as if it was a new PCN. If that's an option go for it.

Poster74

Thanks for the advice. Is there a sample letter template I could use to make an offer ? I would need to email it straight away as the 14 days is up on Tuesday

salmosalaris

2 letters

Dear Parking Eye
Re PCN xxxx
Date xxx

I have received your letter before action of which this is my acknowledgment .To enable me to formulate my response and consider my position please provide :
a. Copies of all correspondence relating to this matter
b. An unredacted copy of your contract with the landowner that demonstrates that you have the necessary rights to bring such a claim
c. A copy of the sign that forms the basis of the alleged contract with the driver

It is my belief that this charge is an unlawful penalty and if you reject this challenge I suggest that we ask POPLA to adjudicate independently , therefore avoiding the need for costly legal action for all parties .
Should you unreasonably refuse this suitable method of ADR I will bring it to the attention of the court .

I expect a reply within 28 days and when I have the information requested will provide my full and final reply to your letter before action within the required timescale .

Yours

And

Dear Parking Eye
Re PCN xxxx
Date xxxx

Without Prejudice save as to Costs

I deny liability for the entirety of your demand .
To avoid costs for all parties I offer the sum of £30 in full and final settlement of this matter .As you have not incurred both the cost of referral to POPLA and the associated costs with preparing your case I consider this a fair offer .
The offer will be withdrawn after 7 days nd I expect a reply within that time

Yours

Coupon-mad

Yep, email them separately and make sure the second one (the offer) has the WPSATC heading as shown by salmosalaris.

Poster74

I did but no reply. They could just ignore it and only a few days left. Sod it, if they want to ignore it, lets just see what happens

salmosalaris

Resend it
Cc in a friend to prove it was sent
They won't reply immediately

Coupon-mad

Poster74 wrote: »

I did but no reply. They could just ignore it and only a few days left. Sod it, if they want to ignore it, lets just see what happens

They will respond, the ball is now in their court. Should have got an auto-response.