Parking Eye - Parking Notice Charge for parking in Aldi, Bangor

Jo4

Coupon-mad wrote: »

I believe that, because the parking event took place in Wales, then the POFA (technically) does apply to that land and also, POPLA should be available. But any court claim would fall down because it could only be pursued in NI court, where the POFA doesn't apply/is not recognised. So the wording quoted by pappa golf is misleading, certainly.

Perhaps some fun can be had even though the OP can safely ignore this or reply online (on the contact us/appeal page - ONLY choosing 'registered keeper' on the drop down menu, of course!) telling PE that the driver WILL NOT be named and warning them to cease and desist in sending letters misleading a keeper living in NI, about the possibility of 'recovering' a charge under the POFA in a NI court. That cannot and would not happen because the POFA does not apply to keepers in NI.

The OP can also complain by email to the BPA and the DVLA about ParkingEye sending out a misleading Notice saying that 'we have the right to recover' the charge from a keeper under the POFA in this case. They don't, they can't and should have used a non-POFA NTK.

Might be better to 'appeal' and complain by email to the BPA/DVLA than the OP panicking about the crappy debt collector letters over the coming months.

DO NOT write about the driver or you will undo the entire protection you have in NI, which is why we firstly suggest you can ignore it.

When will they stop sending us letters if

a) We contact them and state what you have said?
b) We ignore them?

Coupon-mad

(a) They might stop pretty much straight away and cancel it as long as you are assertive and (as well as contacting PE) email and complain to the BPA and DVLA about it being misleading and are VERY careful not to say who parked. No mention of 'I did this'. You must write as keeper, complaining about the misleading POFA 'we can recover the charge from you' wording:

aos@britishparking.co.uk

david.dunford@dvla.gsi.gov.uk



(b) If you ignore them you will get Debt Recovery plus and Zenith (same toothless firm) red letter demands for months/years.

Jo4

Coupon-mad wrote: »

(a) They might stop pretty much straight away and cancel it as long as you are assertive and (as well as contacting PE) email and complain to the BPA and DVLA about it being misleading and are VERY careful not to say who parked. No mention of 'I did this'. You must wroite as keeper, complaining about the misleading POFA 'we can recover the charge from you' wording:

aos@britishparking.co.uk

david.dunford@dvla.gsi.gov.uk



(b) If you ignore them you will get Debt Recovery plus and Zenith (same toothless firm) red letter demands for months/years.

Option A appears best then. Will try and get it sorted today, don't want it annoying us any longer.

Fruitcake

Jo4 wrote: »

Option A appears best then. Will try and get it sorted today, don't want it annoying us any longer.

It might be prudent to post up your drafts here for the experts to revue. That way you won't inadvertently reveal anything about the driver.

Jo4

Coupon-mad wrote: »

(a) They might stop pretty much straight away and cancel it as long as you are assertive and (as well as contacting PE) email and complain to the BPA and DVLA about it being misleading and are VERY careful not to say who parked. No mention of 'I did this'. You must wroite as keeper, complaining about the misleading POFA 'we can recover the charge from you' wording:

aos@britishparking.co.uk

david.dunford@dvla.gsi.gov.uk



(b) If you ignore them you will get Debt Recovery plus and Zenith (same toothless firm) red letter demands for months/years.

Is this the template that we are supposed to use when contacting PE?

Dear {name of IPC member, only IPC members for this version!!!}

Re PCN number:

I am not ignoring your charge for a purported parking infraction. As this is purely a charge, issued under an alleged contract and the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company? I require their contact details.
2. What is the full legal identity of the landowner?
3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority.
4. Is your charge based on damages for breach of contract? Answer yes or no.
5. If the charge is based on damages for breach of contract please provide your justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
8. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.

If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.

However, in my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Do not send debt collector letters and do not add any costs or surcharges. I will not respond to such contact and to involve another firm would be a failure to mitigate your costs which are not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.

Yours faithfully,

Coupon-mad

No because PE are not an IPC member! In your case, I would not use a template anyway. I told you what you need to say.

Jo4

Coupon-mad wrote: »

No because PE are not an IPC member! In your case, I would not use a template anyway. I told you what you need to say.

Sorry, I have a thumping headache and I am still not feeling well today either but I want to get this sorted. I will read what you have posted again.

Coupon-mad

Just put this in here:

https://www.parkingeye.co.uk/contact-us/

reply online (on the contact us/appeal page - ONLY choosing 'registered keeper' on the drop down menu, of course!) telling PE that:



The driver WILL NOT be named so please cease and desist in sending letters misleading a keeper living in NI, about the possibility of 'recovering' a charge under the POFA in a NI court. That cannot and would not happen because the POFA does not apply to keepers in NI. A complaint has been lodged with the DVLA and BPA about ParkingEye's misleading information about the POFA in this case. I believe you should have used a non-POFA version of the Notice to a person living in NI and that you have breached the DPA principles. You may consider this a complaint and challenge to the validity of the PCN and about your signage, which was not seen by the driver and in any case, it is believed that most ParkingEye signs placed in Aldi car parks by your company are woefully inadequate and do not even mention £70 nor any keypad. If this charge is not cancelled please send a POPLA code as the parking event alleged was in Wales, POPLA applies regardless of the keeper's address.

Quentin

Jo4 wrote: »

Sorry, I have a thumping headache and I am still not feeling well today either but I want to get this sorted. I will read what you have posted again.

There is no urgency in your case

So follow option B until you are better.

(Debt chasing letters can't hurt you)

Then when you feel up to it sort out your letter

Jo4

Coupon-mad wrote: »

Just put this in here:

https://www.parkingeye.co.uk/contact-us/

OMG - Thank you very much!! I will do that now before this thumping headache gets worse.