Parking Eye & 'Letter Before County Court Claim'.

Coupon-mad

Always remember that (unlike with other firms who will proceed anyway even if a person responds robustly - e.g. Gladstones & BW Legal when acting for smaller firms) an LBCCC from ParkingEye can be seen as a final chance to appeal, in a way. To give them their due, one thing they will do is cancel a PCN at LBCCC stage if compelling reasons are provided or if the defendant puts up a very good argument.

I am not saying to call the response an appeal, far from it - DON'T! But I am saying they do read the responses and - although it would have been easier had this been a retail store where you could have waved a bank statement as proof of patronage - you can make a case now.

Can you prove patronage of the pub that day? (doubt it, just thought I'd ask!). Even if you can, certainly do NOT say who was driving in the response.

I would reply using the above information including the FOI request, ask for their comments about the lack of advertising consent for these signs and pointing out that you know they just discontinued cases in Cambridge where the same illegality applied to the signs. Say that if they are minded not to cancel this charge you require a copy of the PCN* and copies of the signs so you can see the contractual issue being alleged and the evidence. Ask for 21 days with the claim 'on hold' to make an informed decision after being furnished with same because you want to see the evidence, the contract, the allegation and discuss the matter with the driver, if that person can be identified.




* You really do need to see this asap but don't appear desperate and don't say you threw it away.

chambta

No reply to my email today.

To be expected?

Coupon-mad

Yes, they do normally reply within a week and you've sent it so you have not ignored the LBCCC. You could also post a copy of what you said in the email, set out as a formal letter with the PCN number in the heading, VRN, name/address etc. 1st class at a PO Counter, get a certificate of posting (free receipt, NOT recorded delivery!) and staple that to a copy kept at home in your file of all this rubbish.

chambta

Still no response from them.

Wonder if they reckon I'm more trouble than I'm worth. Wishful thinking perhaps.

chambta

Unfortunately they have replied.

This part is probably most relevant (and they have enclosed a copy of the PCN)


As more than 28 days have now passed since the Parking Charge was issued, this appeal period is over. However, as a gesture of goodwill, ParkingEye will consider additional representations at this stage if there are mitigating circumstances. If you wish for ParkingEye to consider your further representations, please include all information to assist.

This case has been placed on hold for 14 days to allow this evidence to be provided. We must advise that if the above evidence is not forthcoming during this time, then this matter will be processed for further action. In the alternative, please find our payment information below.

Any idea on what to do next?

chambta

On the 13 August 2016 vehicle XXXX XXX entered the Marston’s Pubs The Sun Inn car park at 09:53:39 and departed at
10:31:10 on 13 August 2016.
The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land, the car
park is managed by ParkingEye Ltd, and parking tariffs apply or a Parking Charge will be incurred, along with other terms and
conditions of the car park by which those who park in the car park agree to be bound.
By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance
with the terms and conditions set out in the signage, the Parking Charge is now payable to ParkingEye Ltd (as the Creditor).
You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor
vehicle is required to pay this parking charge in full. As we do not know the driver’s name or current postal address, if you were
not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them.
You are warned that if, after 29 days from the date given (which is presumed to be the second working day after the Date
Issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we
have the right to recover any unpaid part of the parking charge from you. This warning is given to you under Paragraph 9(2)(f)
of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under
Schedule 4 of that Act.
Should you provide an incorrect address for service, we will pursue you for any Parking Charge amount that remains unpaid.
Should you identify someone, who denies they were the driver, we will pursue you for any Parking Charge amount that remains
unpaid.
Further information including how to pay, the right to appeal etc. can be found on the reverse of this notice.

This was the wording on the copy of the PCN they attached to the email.

chambta

Sorry to bump this but does anyone have any suggestions of what to do next? Is it inevitable that this goes to court now?

Coupon-mad

Appeal it of course, they've offered you an appeal so do it, as registered keeper. Not on 'mitigating circs' but repeating what you said before about the car park signs having no advertising consent and indeed that the driver did not agree to any charge as the signage there is not prominent. Do not say who parked/was driving.

Juts Google 'ParkingEye contact' and you get the appeal page. Use it. Then email the Enforcement team again and (in case they do not see it, as appeals are not 'Enforcement') tell them you have appealed using the online webpage so the case is presumed to be on hold and you await your POPLA code, as appeal was offered as a goodwill gesture, without caveat.

Why didn't the driver buy a ticket as they were there for half an hour?

chambta

I'm unsure without speaking to the driver ;-)

Coupon-mad

OK, hope you've submitted that online appeal now, and emailed the Enforcement team thanking them for the chance to appeal and saying you have done exactly that online on the PE appeals page and now await your POPLA code.