Another PCN - Parking Eye

happycloud1809

Hello everyone,
New to the forum, having received a letter from one of these companies (PE) for the first time ever.
Can I just check I have understood the guidance correctly in terms of next steps?
So far:
1 - received letters showing my car entering/exiting a car park
2 - ignored, as the Driver had not parked in said car park. Driver had entered, struggled to find a space as it was very busy. Also because spaces were very narrow and Driver did not think they could get in/out without bumping the car, and even if they did they were so tight Driver was not sure they could get out of the car door! Also cars were parked in non-spaces, making it harder to turn. Whole situation was exacerbated by car entering/exiting in a small space, lots of people with equipment going in/out. The Driver had therefore spent 35 minutes waiting, manouevring, trying to turn in a tight area, queuing and exiting - but had not once left the car.
3 - I have now received a LBCCC which your site says not to ignore
4 - LBCCC is better written than the one shown on your site thread re: 2013, but still tells me that the time is past for POPLA. It requests I either pay, or reply using a separate Without Prejudice letter.
5 - Can I confirm that the process I should now follow is:
i. Reply online and 1st class post acknowledging receipt of the LBCCC but asking for a POPLA code?
Questions - is this the point where I should also ask for details of signage? (Driver did not see any when they entered the car park and due to manoeuvring the car and staying in it, did not have a chance to read any while there). Should I outline the full details above about the Driver not actually being able to park, in the reply?
ii. When a generic reply is received repeat the request
iii. Then hopefully a POPLA code will be issued, and I go through the POPLA process?
Questions - at the POPLA stage, I send/repeat details of what happened in the car park?

Thank you for any corrections. I am going through a diagnosis for a learning disability yet and struggle with cognition sometimes, in addition to which I have very high anxiety/depression linked to it, so am finding it very stressful to deal with this.

I have read another thread which talks about PE at Newquay citing lots of different points/quotes - some of those might apply as they relate to the signage? I am not at all sure I could manage to write a response as good as that one is, but if there are any links, particular examples you could point me to re: my situation, that would be greatly appreciated.

Thanks again.

fisherjim

"1 - received letters showing my car entering/exiting a car park
2 - ignored, as the Driver had not parked in said car park."

What on earth made you take the above course of action with the most litigious bunch of nasty PPC's on the planet?

That has not been the advice since 2012!

You need to robustly reply to the letter, but your boat has sailed with the POPLA code on it I fear, PE only want your money now and they won't give you an easy way out.

You are in the right place for help now so follow the advice on here.

happycloud1809

Because the Driver had not parked, I just thought it was nonsense, and also am on Sick Leave with serious anxiety.depression, avoiding a lot of things that are important tasks to do to be honest, and struggling to care about much. If I had been in a different frame of mind I might have paid more attention.

Should I just pay? - I can't cope with lengthy litigation and don't have any support.

What I read last night said that even after 28 days they should still be prepared to go to arbitration, to show they have done everything possible before going to court - so why won't they go to POPLA at this point?

The letter is asking for £100.

Incidentally, there is a second letter, from Smart Parking, with a Debt Recovery Plus letter that I have also received from the Driver just driving in/out of a car park looking for a space, on the same holiday. That one doesn't have a LBCCC yet, so should I deal with that more 'robustly' now - or start a separate thread about it?

It's confusing and my brain isn't functioning very well.

[Deleted User]

Ok you're fast gearing up to play in my domain now (and PE had the temerity to ticket me recently, so I'm a bit grumpy).

Date of the Letter of Claim plz?

The defence will be made out on the basis that the entry/exit times self evidently show no parking time. That will rely on you leaving promptly, so say now if you breastfed the baby/provided good Samaritan medical assistance/had a nap before exiting.

Ideally please photograph (redact personal info) and link both the NtK and LoC on the site.

happycloud1809

The letter is dated 28 September but arrived on 2 October.

The correspondence includes:
1. 10th August PCN showing car entering/exiting
2. 19th August PCN reminder showing the same
3. 13th September letter from the Legal Department to the registered keeper
4. the LBCCC

Lucky I didn't throw them away.

35 minutes between entry/exit, sorry. Is that going to completely ruin the defence?

Umkomaas

35 minutes between entry/exit, sorry. Is that going to completely ruin the defence?

You’re going to need to document fully how 35 minutes were spent trying to get in, attempting to park, giving up and then exiting.

A tall order, unless there were specific reasons - holiday area, queues to find spot (then the bit you’ve already said about cars parking awkwardly), do you have a very large vehicle, roadworks outside the car park causing delays in exiting, busy main road to enter at ‘homerun’ time?

Have you complained to the landowner?

happycloud1809

Just faffing around I suppose. Looking for a space, small child asleep in the back so Driver was in no great hurry, and in fact waited a little to see whether they would wake or it might be a better idea to drive onwards to another car park. Which is what happened, in the end. Yes, it was a very busy holiday area. Just didn't even realise there would be a charge incurred where the car wasn't actually parked, and as noone exited the vehicle noone went to read any signs, and it wasn't obvious from a distance that there would be a charge for not parking.

Can see there are a number of other examples from the same car park - Tower Road Newquay, in the middle of the summer.

I'm willing to accept its my own fault and pay, just wondered whether there's any way out. One of your threads seemed to suggest it might be possible to 'pull it back to POPLA' by pointing out this would save the court costs. Is this likely to work, or no chance?

fisherjim

Unfortunately people have a very old fashioned view of what us parked and not parked, this is the 21st century where money and greed have taken over.
You were caught by anpr on site for 35minutes their T&c's say you should have paid for that on site time. Though one judge decided that is not parking the courts are a lottery.

Coupon-mad

LBCCC is better written than the one shown on your site thread re: 2013, but still tells me that the time is past for POPLA. It requests I either pay, or reply using a separate Without Prejudice letter.

Can we see that new letter? Show us a broken URL (non-working) link to it, scanned into Dropbox, imageshack or whatever hosting site you use. Cover your name/address and PCN/VRN number.

Sounds like a new one based on the new Protocol, and we need to see it and the form they are attaching.

You are entitled to ask for ADR in the form of a POPLA code.

Why not write in the style of Daniel san's letter (in his thread, easy to find as it was only updated today) and add in that you have been suffering from diagnosed serious anxiety and depression, and are on sick leave from work and need more time to deal with correspondence and would like a POPLA code please. Say you meet the definition of disability under the Equality Act 2010 due to chronic depression likely to last or recur over a period of 12 months or more, and as such, you require a reasonable adjustment of more time to appeal, and the offer of ADR should be made available anyway, as required under the new Protocol.

Say NOTHING about who was driving, write in your name of course, but as the 'registered keeper'. Show us your draft first, based on Daniel san's one but with the above bit added.

Once we've checked it, email that to:

enforcement@parkingeye.co.uk

...with PCN number xxxxxx/xxxxxx 'Acknowledgement of LBCCC - POPLA request as ADR' in the subject line.

What was the actual date of event, parking day?