Parking Eye Court Letter

TAB1981

Im a private hire Taxi Driver that works between 10pm to 5am , Ive had letters to say on 2 occasions ive been parked on Asda between 1am to 7am , I pick up people from Asda with there shopping regular as its open 24 hours , Ive never been parked up on there for a long period of time and I can get evidence from my Taxi company to prove I wasn't parked up there and done numerous jobs around area between the hours they state im parked up on there

Im to blame for ignoring previous letters but was told by a few people to not do anything about it as there trying to Bully and Intimidate people

Yesterday I received County Court Judgement bill for a charge of £197 , my wife's panicking now as she doesn't want a CCJ and I dont neither but its bugging me that I should have to pay £197 for something I clearly have not done and can prove this with all evidence from my Private Hire Company showing times and address's I picked up from in the time period I was accused of being parked up on Asda

I rang the court and they said fill an N244 form in and send it off with a £255 fee for the appeal , Will I receive this money back if the appeal goes in my favour because if not id be aswell just paying the £197 and getting it all cleared but its frustrating me why I should pay for something I have not done , rang Parking Eye up earlier again to check dates and times and the ladies response was if id of acted earlier it would not had gone this far so my response was if Parking Eye did there job properly and had 100% reliable camera's it wouldn't be a case in the first place

Redx

you can ask a judge for the £255 back but there is no guarantee of success


ask those morons who advised you previously to pay it for you, because none of the letters you received should have been ignored, especially not the MCOL from Northampton CCBC


if the MCOL arrived at your house and you ignored it, its unlikely that a set aside would be granted, and even less that the money would be refunded


a costly lesson to learn , so in future DO NOT IGNORE THESE LETTERS


and look up the BARRY BEAVIS case, to see why


it is a well known fact that the cameras are not 100% accurate, nor will they ever be accurate , I believe the percentage is around 80% to 85% accurate at best , hence why you need to challenge the letters from the outset

TAB1981

Seems very unfair to have to pay £255 though when I have 100% evidence to prove this , like I said if thats the case id be better off paying £197 because the outcome will be the same and theres no guarantee ill get the £255

Coupon-mad

Pay it off if it's within the 30 days, as that wipes any potential CCJ.

Then write to (email) ParkingEye telling them your story and that their ANPR has clearly failed again, and you are going to report them to the Information Commissioner (ICO) for failure to comply with the most basic of checks for proper use of ANPR surveillance cameras.

There is an ICO code of practice, we can talk you through what PE have done wrong for a decent ICO complaint.

enforcement@parkingeye.co.uk

This is not your fault. this is their fault. although you really SHOULD NOT have ignored a Letter before Claim and a court claim that you then lost by default.

If you let us help you with a strong ICO complaint after you have complained to PE to give them the chance to apologise and refund you, then it should be upheld, I would hope.

Then you could send them a LBC to claim the loss back, based on data misuse and using the upheld ICO decision as weight. We would help with that as well.

Do not accept any offer of help 'off-forum'! We help in the open here, for free.

Next time don't ignore, this would have been easy to win on first or second appeal as a taxi driver; ANPR fails, and is known to fail, with multiple visits from people like you:

http://notomob.co.uk/discussions/index.php?topic=5768.0

http://www.britishparking.co.uk/Other-Advice

ANPR
This is new technology: Is it working perfectly?

As with all new technology, there are issues associated with its use:

Repeat users of a car park in a 24 hour period sometimes find that their first entry is paired with their last exit, resulting in an 'overstay'. Operators are aware of this and are now checking all ANPR transactions to ensure that this does not occur.
b) Some 'drive in/drive out' motorists that have activated the system receive a ticket even though they have not parked. Reputable operators tend not to uphold tickets issued in this manner.

Redx

of course its unfair, which is why you should have responded all the way through , especially at the court stage so you could tell all this to a judge


you missed the boat through stupid advice, and that costs people money


EVERYBODY that ignores a court case loses and for any small claims court judgment they receive a CCJ which needs to be paid off in the first month to avoid it going on the record for 6 years


doesnt matter what the court case is about , a non-payment of rent , a parking pcn , an unpaid solicitors bill , ignore court papers and you get a default CCJ in your name, its been like that for 45 years

waamo

It's not right but it is often pragmatic to pay it. You now know the advice and "common knowledge" about tickets is often woefully misleading.

If you get any more come back here for advice.

TAB1981

Gets better this Just checked this and this is not for the Asda its for the local College seems I have 2 cases for Asda and this one for the local college , its stating I was on the car park for 11 minutes , im contantly moving around town all night and the only thing I can think of is me parking up on there waiting for a job to come through to me at the local office around the corner , really dont understand this Im now thinking there must be a 10 minute allowance which I clearly would not be able to see with it being night time , absolute joke this parking fine stuff

Redx

read the BPA CoP and the IPC CoP (by downloading them and reading them in adobe reader) and GRACE PERIODS are mentioned , which is typically 10 minutes (maximum)


but unless you CHALLENGE these pcn,s they wont know, so in future, do not ignore



I would complain to asda head office and ask for the VRM to be added to their whitelist to exempt it as a taxi from receiving any pcn,s, plus to tell them to telll their parking p@rasites to cancel the outstanding pcn,s (so give them the pcn numbers)


in future, you need to try to observe the 10 minute rule for being on private property, from entrance to exit (not parking time as such)

Coupon-mad

You need to email the email addy I gave you if they are after you for more than one PCN, and tell them you are a taxi driver and will be reporting them to the ICO for ANPR CoP breach, because ALL these tickets are 'double dip' cases.

Could even give them one chance to tell the court the CCJ is satisfied without you paying it...then I suspect they will say 'tough'. But DON'T leave it there.

In which case pay that one but make sure they cancel the Asda ones and ''whitelist'' your vehicle as a taxi that never overstays (prevents future PCNs).

Then proceed with the ICO complaint we will help you with, we want you to get this money back AND for ParkingEye to get reported to the ICO for ANPR surveillance camera code breach. We will help you write that so come back! then a LBC and claim for your money back if PE don't refund you when the ICO start sniffing around.

You are gold dust! You have THREE examples of double dip ANPR failure to show the ICO, please please please come back to do the ICO complaint, you are in a unique position to nail them.

TAB1981

Thanks people the jobs getting hard enough working midnight hours without getting £200 fines here and there , I have only received the one court letter for the 11 minutes stay as I was unaware of the other 2 cases until I rang parking eye earlier so I can deal with these 2 before they get to Court now I know not to ignore them

Coupon-mad

Mention ALL of them in your email and it will not be a polite email.

Show us first, you MUST be forceful about the ICO complaint and demand that PE cancel ALL outstanding PCNs against your vehicle and put it on a whitelist, and remove the CCJ for the college one without payment.

Demand it. You won't get it but demand it and make it clear ALL these are double visits as a taxi driver and this will NOT rest and YOU WILL report them to the ICO, and if they leave you out of pocket you WILL then sue ParkingEye for data abuse.

Show us the draft email first. This needs to be done right, step by step.