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I've binned my Parking eye PCN & now getting multiple letters from debt recovery.

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Ok I've been reading these threads like a mad person and can't find anything similar. I like many others have been poorly advised either by other victims or by ill advised forums and ignored (well in my case destroyed) my initial PCN 'invoice' and now I'm getting multiple letters regarding payments to be made asap by Debt Recoveryuk Ltd. I'm beginning to panic now as I've never kissed with PE with regards to the dispute as I thought it was a bogus claim and didn't want to fall victim to a scam or something along those lines. Anyway, I've read the Newbies thread over and over and drafted the following template into an email

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

I have then seen other comments saying not to send this template so now I'm in a quandary!!

Someone please help, I'm really worrying about this now :(

TIA
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Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    if PE are using DR+ there is a problem!


    are you in England or in Scotland ?
    Save a Rachael

    buy a share in crapita
  • Delsbels
    Delsbels Posts: 31 Forumite
    Im in England
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    OK there is something fishy going on here , rather the land is non applicable of they have made a huge !!!! up on the paperwork, if you have not got PEs paperwork , I cant give any more answers , apart from forget debt collectors , do not ring or write to them
    Save a Rachael

    buy a share in crapita
  • Delsbels
    Delsbels Posts: 31 Forumite
    I can't believe I've destroyed it. I was advised to ignore and not enter into any comm's with them so naturally 'I shredded the documents' ��
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    a bad thing to do , also bad advice when parking eye are concerned ,


    http://www.bmpa.eu/companydata/ParkingEye.html


    do you recall a line in the text that stated that "under POFa2012" they had a right to chase you if you did not name the driver


    instead of 20 questions WHERE WAS it that you parked?
    Save a Rachael

    buy a share in crapita
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Delsbels wrote: »
    Ok I've been reading these threads like a mad person and can't find anything similar.


    What did you make of Post 4 of the Newbies Sticky - Which was written with DRP very much in mind?

    The rest of it is a rather useful read too. :)
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There is nothing stopping you making a late appeal to parking lie using the BPA template in blue from the NEWBIES thread.

    Ignore DRP.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 October 2016 at 8:39PM
    Somewhat perversely, receiving DRP letters about a ParkingEye PCN is relatively good news. Ordinarily, ignore a PE PCN and you're looking at court papers rather than debt collector letters (utterly powerless - read post #4 of the sticky). This rather suggests that either PE have fouled things up, or their principal (those who contracted them to operate at the site of the parking incident) has denied them the permission to pursue 'offending' motorists through the court.

    Can you provide:

    1. The location and name of retailer, hotel, hospital, gym (or wherever the parking incident took place)

    2. The name of the forum which told you to ignore/shred PE papers.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Delsbels
    Delsbels Posts: 31 Forumite
    I don't recall anything about "POFa2012" saying they had a right to chase if the driver wasnt named. I cannot remember which forum it was as I've visited loads of sites and I just remember a few saying to ignore the so called 'fake fine' and so I destroyed it. I can't believe I did as normally I keep everything on file. With regards to them pursuing me through DRP, the apparent PCN was issued back in May but I'm sure I wasn't notified til around July? Could this be a reason for them sending letters through DRP? The carpark was Heads Lane, Carlisle (behind Sportsman pub) in towncentre, parked on a Sunday on a blue badge and misread the sign. Should I be requesting a copy of the original PCN from parkingeye to take this forward?
  • Delsbels
    Delsbels Posts: 31 Forumite
    Pogofish, thanks yes I read about the DRP and appreciate where you're coming from but this isn't a thread asking what to do about the letters really it's about how to deal with the PCN which I don't have a copy of and as such only have the details from the DRP letter to go off. I should have maybe worded my title better actually but it's my 1st post so apologies.
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