Welcome Break South Mimms Services

The_Deep

I have not read this,

http://www.legislation.gov.uk/uksi/2015/1392/pdfs/uksi_20151392_en.pdf

but I think that they are supposed to give you a year in which to appeal..

StevoD

Thanks:

“13A.—(1) Subject to sub-paragraph (2), the “prescribed period” is 12 months from the
date on which the trader informs the consumer that the trader is unable to resolve the
consumer’s complaint (the “notice date”).

The only thing that makes me question this is why it is not a standard bit of advice on these forums...

The_Deep

True, but standard advice on here us that, in order to prevent your trousers falling around your knees, you must secure them with a belt, braces, and a stout length of string.

Coupon-mad

StevoD wrote: »

Well, this has taken a turn for the worse...

A family member, the registered keeper of separate vehicle that was used to meet us at South Mimms, also recieved a PCN at the same time as I did.

Because we had identical cases, I told the family member to ignore PE correspondence, and to let me handle their PE correspondence and any subsequent correspondence related to the POPLA appeal. As such, I sent exactly the same letters to PE for both of us.

I never got a response from PE about my request for a POLA appeal. Instead, they just wrote to me to say that the PCN had been dropped. The kicker is that my family member did get further correspondence from PE, but, following my instructions, they ignored it. The response from PE was a POPLA appeal number. I have only just learned of this.

The pressing matter now is this: the deadline for lodging the appeal has now passed, and the family member has been given 14 days to pay, or PE will take to court.

I am going to read the forums to see what advice others have been given if they've missed the POPLA appeal window, but I did want to ask whether anyone knows if PE's inconsistent handling of my case (as registered keeper) and my family member's case (registered keeper) would mean automatic disqualification by the courts?

Thanks for the continued wisdom and advice.

So they have got a LBCCC because they naively ignored a POPLA code instead of handing the letters to you. Oh well, they must urgently reply to the LBCCC then. Email:

enforcement@parkingeye.co.uk

and state that they were with VRN xxxxxxx and the PCN has been cancelled for that vehicle and they believe the same applies and that South Mimms Services does not wish to penalise genuine patrons. So, tell PE that the keeper of THIS vehicle has now also complained to South Mimms and is awaiting a reply. As such, it is fair to say the charge is certainly unfair, in dispute and pending cancellation so the keeper requires that PE confirm no court action will be taken (ask for 28 days, give a long timeline).

And complain to South Mimms, this time in the name of the other keeper/re the other car.

You MUST email PE to ensure they don't just issue court papers regardless. Buy some time. Do not remain silent or they will proceed.

boroben1876

Coupon-mad wrote: »

I think South Mimms is a service area where if you email the Facilities or Finance Manager and say you were a genuine customer, they might just cancel this early doors. Some do, some don't but I think this one might, from memory.




If the car broke down says so (to PE as well as South Mimms).

If the driver fell asleep or rested a little too long, say so to South Mimms and point out that's what the UK Public understand services are for.
?

So I'm in a similar situation to this...I've already appealed to ParkingEye using the letter template that is available on the MSE main website, and have now had a reply asking for more evidence.

I'd pulled in because I was falling asleep at the wheel, and when I woke I had a flat battery. ParkingEye are asking for evidence of vehicle failure, such as a break down report, but I was actually helped out by a friend.

Is it too late to complain to Welcome Break South Mimms directly at this stage? The original charge was from the 8th of October. I don't yet have a POPLA code as I have 28 days to submit my reply to ParkingEye.

Thanks for any advice in this.

Coupon-mad

Is it too late to complain to Welcome Break South Mimms directly at this stage?

Of course not! People have complained two YEARS later to landowners, not just one month!

Get your friend to sign and date a typed piece of paper identifying the car, VRN, time and date and location (ALL OF THOSE) and confirming that he assisted you because your car was broken down (flat battery) which delayed you.

Your case is not similar - you are merely at appeal stage, you need your own new thread when you get your POPLA code, as these can be difficult v PE. Don't reply on this thread as it's about another case at LBCCC stage (very different).

I think South Mimms were OK at cancelling these for broken down vehicles so Google the WB South Mimms webpage and email the Finance/site Manager, attaching the evidence from your friend who assisted you (perfectly normal to use a friend rather than the AA!). Do that this week and also email a copy to ParkingEye with your PCN number in the subject line:

info@parkingeye.co.uk

HTH

boroben1876

Thanks for your help! I'll post any successes on a new thread

Coupon-mad

No, keep it all on this thread each time please.