ParkingEye LBCCC - sent to my old address

Coupon-mad

We would not say to pay this but you need to decide for yourself, as they are likely to sue.

e231

So would them suing mean them issuing a LBCCC letter?

I don't want to pay - I feel that the decision is wrong. I don't want you to tell me what to do as such, but in your experience, do you think that if I refused to pay and took it to court, does it stand a chance of going in my favour?
:undecided
Thanks!

nosferatu1001

You definitely have a chance.
But there is always Rosi. You’d be looking at around £200. IF you lost.

e231

Ok thanks, glad to hear!
Apologies but I can't find what "Rosi" is..? (I've searched and googled! )

Coupon-mad

nosferatu1001 have you been on the rose wine?!!

I don't know what Rosi means either!

Castle

nosferatu1001 wrote: »

You definitely have a chance.
But there is always Rosi. You’d be looking at around £200. IF you lost.

Or is it Rossi; referred to at paragraph 15:-
http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html

e231

Update:
I forwarded the response above from POPLA to David Dunford and Steve Clark, as they had not cc'd the reply to them. This is the reply that I got from

Dear Mr x

Thanks for your e-mail, the contents of which are noted.

POPLA was established as a second stage independent appeals process to deal with disputes between motorists and operators, with an expectation that it would reduce the requirement for Court action.

If a decision is made in favour of the motorist, the PCN must be cancelled but if the operator wins, there is no requirement for the motorist to pay - I am sure you agree that is a fair position.

As POPLA is an independent service it is not for me to comment on their decisions and I will not be doing so. What I can say is that it would appear that POPLA have reviewed your complaint thoroughly and provided a comprehensive response - in doing so I believe that they have adequately discharged their obligations.

You are left with two choices now, either pay the charge or wait to see if Parking Eye opt to take Court action against you when you would have the chance to state your case. While I don’t wish to add to the stress of this matter, it would be remiss of me not to mention that if you lost at Court, you may face additional charges.

I am sorry if this is not the response that you were hoping for.

Kind regards

Steve Clark

Head of Business Operations
British Parking Association

Waiting for a reply from POPLA, following the email sent back using Coupon-Mad's last suggestion.

Also, surprise surprise, I have received a "FINAL NOTICE" letter from ParkingEye.

14 Days from 8th Jan (so 22nd) to pay up or else....:undecided: What happens next? LBCCC and then Court?

Coupon-mad

Yes, probably, and you have a defendable position, the car was moved - the only sign seen was a warning inside the vets, which speaks volumes for how many complaints/customer issues they must have had!

No contract was agreed with PE, and the driver left the site (among the usual other arguments):

My cat was taken to the vets and the driver parked up as normal in the car park as they has always have done. When they were in there and sat down, a sign was noticed saying that the car park next to the vets is now a pay and display.

When asked at the reception if this applied to where the car was parked and the receptionist said yes, and that the car should be moved into the tiny car park that was theirs (the vets).

It was full when arriving but thankfully there was space out again, so the car was moved. The driver thought that was the end of that - but had no idea that it was ANPR.

System

When asked at the reception if this applied to where the car was parked and the receptionist said yes, and that the car should be moved into the tiny car park that was theirs (the vets).

Could you get the Vets to put something in writing about this and if having to move cars/warning people is a regular occurence. Even a letter confirming an appointment there (plus time) would be useful to underpin your truthfulness.

e231

So if going to court, are you suggesting abandoning the POFA point and use only the point you stated?

IamEmanresu, I have some of this already thankfully in the form of an invoice for this appointment that was attended. But I will try to get them to put it in writing about the warnings as you suggested.

Thanks