Parking Eye WelcomeBreak (timing issues?)

oskiwowwow

One further question. We still have not identified the driver (not the keeper).

Would we still be able to use this as a way to reset the appeal timing if denied by BPA?

Coupon-mad

Well normally I would say yes, but the keeper has the defence point that all parties KNOW that the NTK wasn't served in time due to the wrong address (missing line), that's not been disputed. So it can be argued there is no possibility of 'keeper liability' which gives the keeper a defence point the driver won't have if you give them away.

I've just remembered...prior to issuing a LBCCC, ParkingEye normally send out a letter to the new address if they have traced the person to a new address. And in that letter, they ALWAYS allow that person to appeal, then appeal to POPLA. It is their standard procedure, I've seen it loads of times. Ask the BPA and PE to investigate & reconsider and justify why this case is any different? All you have done is saved them having to trace you...the position is the same and they have misled you to state they have issued a LBCCC because they have not.

No reason why they cannot give you a POPLA code, same as they would to an appellant they had traced to a new address. Especially as the missing line in the address on PE's own letter caused the issue in the first place.

oskiwowwow

Coupon-mad wrote: »

I've just remembered...prior to issuing a LBCCC, ParkingEye normally send out a letter to the new address if they have traced the person to a new address. And in that letter, they ALWAYS allow that person to appeal, then appeal to POPLA. It is their standard procedure, I've seen it loads of times. Ask the BPA and PE to investigate & reconsider and justify why this case is any different? All you have done is saved them having to trace you...the position is the same and they have misled you to state they have issued a LBCCC because they have not.

I suspect that, because it took so long for us to tell PE that the address was incorrect they never realised and kept sending things to the wrong address. So they wouldn't have "traced" a new address, they only corrected the one they were using and then we finally got the 5 August correspondence. Hopefully this makes sense. (i.e. There might be a pre-LBCCC letter but if it exists it went to the wrong place!)

Definitely will follow this up if BPA refuse on our first attempt (already sent).

Will update thread if/when we hear back from the WB manager or BPA.
Thanks again!

Coupon-mad

I suspect that, because it took so long for us to tell PE that the address was incorrect they never realised and kept sending things to the wrong address. So they wouldn't have "traced" a new address,

No, you misunderstand. They trace a new address very late, exactly like this situation, after sending out loads of letters to the wrong address. So your case is no different than those they eventually trace, months later, and they DO offer appeal & POPLA to those people. The question is, why not you then?

oskiwowwow

Good question. Certainly wish they had!

Coupon-mad

So...that's what to put to them and the BPA. Generally, IMHO, I have found that PE will offer POPLA late, when pushed, because they think they'll win anyway and it makes them look more reasonable if they later sue.

oskiwowwow

Update:
PE sent automated reply, appears to say they won't answer.

BPA sent the following reply:
"I can confirm Parking Eye Ltd are a member of the BPA and an Operator under the Approved Operator Scheme. [FONT=&quot] [/FONT]
[FONT=&quot]Please be advised Parking Eye would have requested keeper details from the DVLA and sent the notice to this address. Have you checked the address the DVLA provided to ensure they have registered it correctly?[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Parking Eye can also be contacted directly on 01772 450 970."[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]FYI the DVLA has correct address. PE left off a line that specified delivery beyond street number. For us the result was no receipt of anything in timely fashion and no receipt at all of things they have (apparently? said they) sent.
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Also have had no further response from WB manager who was asked to ask PE to reduce the charge out of "good will".[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Keeper (not me) very upset so looks like I will be paying PE. Sorry folks but can't see that anything else will happen but getting court papers and not willing to go that far.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Certainly will NOT be using the Welcome Break Pear Tree Oxford services if we can at all help it! (Shame, the Starbucks people were lovely.) And will avoid parking where we see anything that says "Parking Eye"!
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Thanks again for help.[/FONT]
[FONT=&quot]
[/FONT]

Ralph-y

before you capitulate ........

try a little bit more ....

"BPA sent the following reply:
"I can confirm Parking Eye Ltd are a member of the BPA and an Operator under the Approved Operator Scheme.
[FONT=&quot]Please be advised Parking Eye would have requested keeper details from the DVLA and sent the notice to this address. Have you checked the address the DVLA provided to ensure they have registered it correctly?[/FONT]

[FONT=&quot]Parking Eye can also be contacted directly on 01772 450 970."[/FONT]

so write back and tell them .......

"[FONT=&quot]Also have had no further response from WB manager who was asked to ask PE to reduce the charge out of "good will"."

[FONT=&quot]try head office ... try leaving feed back on social media ..... try your [FONT=&quot]MP[/FONT] .... t[FONT=&quot]ry your local/national papers

[FONT=&quot][FONT=&quot]you have one of .... if not the most renowned fighters / [FONT=&quot]advisors of such matters on your side ....

[FONT=&quot]please listen to her .........

[FONT=&quot]do not end u[FONT=&quot]p on a [FONT=&quot]'[/FONT]scamers list'

[FONT=&quot]good luck what ever you decide

[FONT=&quot]Ralph:cool:[/FONT]
[/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][FONT=&quot] [/FONT]

Coupon-mad

Keeper (not me) very upset so looks like I will be paying PE.

What? The BPA have asked you a very simple question that you can EASILY answer by return email! You only need send the BPA a scan of your V5 to prove the address is correct and the error was ParkingEye's. Copy in PE again to rattle their cage & prove this is their fault.

Press AGAIN for a POPLA code, you are too quick to give in!!

oskiwowwow

Have written back BPA to clarify.

PE: keep emailing the automated reply address? Or resort to post?

Also wonder if time is running out as have never had any LBCCC that they say they sent before July. Cannot get to point of legal action by PE. (= domestic distress!)

Really happy to chase it but close to breaking point in time spent and really not willing to throw £ at it (ie special delivery post etc).

Even if I get a POPLA code, unclear on "winning" strategy unless PE screws up or doesn't defend themselves. Did park overtime, didn't pay, signs are actually large and pretty darn clear, so there are very few points left to stand on unless the detailed legal jargon from Pe is incorrect (as far as I can tell).

So... frustrated. I do understand that's how the bad guys win, but life has pressing problems that are bigger sometimes. :-(