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BATH RUH - POPLA Appeal Unsuccessful

1235

Comments

  • BoutTime
    BoutTime Posts: 37 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks. I've already sent the email and copied in ruh-tr.complaints@nhs.net

    I've also printed the email and will send along with a covering note to the Director of Estates and Facilities of Bath RUH.

    Thanks again.
  • BoutTime
    BoutTime Posts: 37 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    The LBCCC was received from ParkingEye which I responded to within 4 days via email. I didn't use the forms they provided.

    15 days later I received an email acknowledging receipt of my response, telling me that they would respond "within 30 days of receipt" and that my Parking Charge Notice has been placed on hold.

    It has now been 34 days since they acknowledged receipt and 49 days since my email response to the LBCCC was sent (and delivered). No emails from ParkingEye since and nothing received through the post. I've also checked my spam folder regularly.

    Can anyone advise if this has any effect on proceedings?

    Many thanks.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    YOu could response stating that, under the PAP for debt claims they had 30 days to respond to your request for more info, by proviidng the documents requested or confirming why they could not provide them. As they are in breach of the mandatory protocol you trust they will now confirm any planned claim has been cancelled, as their breach of the protocol will be used to stay the claim - at their expense - should they be foolish enough to raise a claim.
  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Before any action, just check the PE website - PayMyPCN (or whatever they call it) - to determine the currency of the PCN. They may have cancelled it?

    Only takes a minute to check. If it's still current, then action as per prior advice.
    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
  • BoutTime
    BoutTime Posts: 37 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I've tried two sites:

    https://view.paymypcn.net/

    "Home PCN not found
    Sorry your notice is not yet online.
    Usually this is because the information has not yet been loaded by the parking operator or local authority."


    http://www.paymypcn-uk.co.uk

    "The Parking Charge Notice could not be found.
    Please check that you have not mistyped. Please note that this service is not available until the next administrative working day after the PCN was issued."

    Could this be because it's been cancelled or because it's on hold?
    Thanks for your help.
  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 October 2018 at 11:53AM
    Were those sites accessed via the ParkingEye's own website?

    Go via the PE site only. It's the PE site that will give you the information you need.

    EDIT TO ADD

    Just checked those links - they have nothing to do with PE. Use the PE website only.
    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
  • BoutTime
    BoutTime Posts: 37 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Umkomaas wrote: »
    Were those sites accessed via the ParkingEye's own website?

    Go via the PE site only. It's the PE site that will give you the information you need.

    EDIT TO ADD

    Just checked those links - they have nothing to do with PE. Use the PE website only.

    Ahh...no. Just clicked on the link in ParkingEye's website to pay parking charge, entered number and was told that £80 is due.
  • BoutTime
    BoutTime Posts: 37 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    YOu could response stating that, under the PAP for debt claims they had 30 days to respond to your request for more info, by proviidng the documents requested or confirming why they could not provide them. As they are in breach of the mandatory protocol you trust they will now confirm any planned claim has been cancelled, as their breach of the protocol will be used to stay the claim - at their expense - should they be foolish enough to raise a claim.

    So this is the specific paragraph from the PAP I presume?

    5.2 If the debtor requests a document or information, the creditor must –

    (a) provide the document or information; or
    (b) explain why the document or information is unavailable,
    within 30 days of receipt of the request.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Have you read this?

    https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
    for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • BoutTime
    BoutTime Posts: 37 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    The_Deep wrote: »
    Have you read this?

    https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
    for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

    Yes I'd read that previously on the recommendations of a forum member.
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