Parking Eye Court Letter

TAB1981

Here is the reply I am going to send Parking Eye , how does it look

Just to let you know I am now seeking Legal advice over these 3 wrongful cases you have brought upon me , your ANPR camera's have failed on 3 occasions which is your company's fault not mine

I have full evidence and documentation to back all of this up as you are aware of because I got copies and scanned the documents from the Taxi company I work for over to you which clearly shows I was not parked up on the car parks you have falsely accused me of being on , I also have a covering letter from them

I understand now you have cleared 2 of the cases you have wrongfully tried to fine me for but you say the one that is currently outstanding payment of £197 cannot be cancelled , so your accepting responsibility for wrongfully accusing me on 2 occasions but can't on the other because money is outstanding on it

If this outstanding fine is not cancelled and the matter resolved I will be making an official complaint to the ICO , I will get myself a solicitor , report you to trading standards and sue Parking Eye for data abuse

This matter can easily be resolved and cleared by your company, however I will wait on your reply before I start proceedings at my end

I look forward to you reply

TAB1981

Coupon-mad wrote: »

Firstly go to the ICO website and read the guidelines about making a complaint, so you know what they need from you, etc.

Here is the reply I am going to send Parking Eye , how does it look

Just to let you know I am now seeking Legal advice over these 3 wrongful cases you have brought upon me , your ANPR camera's have failed on 3 occasions which is your company's fault not mine

I have full evidence and documentation to back all of this up as you are aware of because I got copies and scanned the documents from the Taxi company I work for over to you which clearly shows I was not parked up on the car parks you have falsely accused me of being on , I also have a covering letter from them

I understand now you have cleared 2 of the cases you have wrongfully tried to fine me for but you say the one that is currently outstanding payment of £197 cannot be cancelled , so your accepting responsibility for wrongfully accusing me on 2 occasions but can't on the other because money is outstanding on it

If this outstanding fine is not cancelled and the matter resolved I will be making an official complaint to the ICO , I will get myself a solicitor , report you to trading standards and sue Parking Eye for data abuse

This matter can easily be resolved and cleared by your company, however I will wait on your reply before I start proceedings at my end

I look forward to you reply

Coupon-mad

I would not start 'just to let you know', that's too weak. Maybe 'Take formal note that'.

I would also tell them that you require them to agree to a 'set aside with consent' and that they (not you) pay the £100 court fee, without cost to you at all. There is no reason for you to pay £255 because they know that they never had any cause of action and failed to properly manually check the ANPR images.

And ask them to put your vehicle on their white list immediately so you never get any more false PCNs from your taxi driving.

TAB1981

Had 2 e mails back from Parking Eye today , saying 2 of my parking charges have been cancelled however nothing about the parking charge that has an outstanding £197 so looks like I'm going to have to pay this to stop me getting a CCJ but will have to try and get my money back through complaint

Umkomaas

so looks like I'm going to have to pay this to stop me getting a CCJ

Why do you think you're going to get a CCJ?

Read this before you respond .....

https://forums.moneysavingexpert.com/discussion/5849106/the-ccj-myth-and-threats-and-lies-told-by-debt-collectors-and-ppcs-exposed

KeithP

Not sure why your link doesn't work Umkomaas, but this one does:

https://forums.moneysavingexpert.com/discussion/5849106/the-ccj-myth-and-threats-and-lies-told-by-debt-collectors-and-ppcs-exposed

Umkomaas

KeithP wrote: »

Not sure why your link doesn't work Umkomaas, but this one does:

https://forums.moneysavingexpert.com/discussion/5849106/the-ccj-myth-and-threats-and-lies-told-by-debt-collectors-and-ppcs-exposed

Capitalisation of the 'h' in 'https'. I'm using iPad text shortcuts to insert URLs to various information threads, which can throw in the initial 'h' as a capital.

Edited - and now working.

TAB1981

I shouldn't of ignored the 1st court letter from Northampton court , now it's £100 court cost and £97 to parking eye , even tnough i have evidence to prove i wasnt parked up there and only driving through

Coupon-mad

Send them (by email, first thing in the morning) a LBC stating that you intend to sue ParkingEye for data misuse and negligent processing of your VRN data, with no obvious manual checks being made at all, in breach of the BPA Code of Practice and the ICO surveillance camera Code of Practice.

Set it out that you intend to sue them for £500 (state that sum clearly) for this data protection breach, and attach a copy of your previous email thread to show what it is about.

Tell them that you will make ONE 'drop hands' offer, and will allow them a very reasonable 7 days only, counting from Friday 22nd June, to put the issue right by four immediate actions on their part:

- writing off the £97 or whatever they say is outstanding on that PCN that has a default judgment

- agreeing to pay your £100 court fee, and to consent to the set aside at no cost to you

- reporting their multiple breach regarding your VRN, to the ICO as a reportable data processing failure by their company that has adversely impacted on a consumer

- adding your VRN to a white list for the car parks where you operate as a taxi driver

Reiterate that they have seven days to put this right at no cost to you or your credit rating, or you will pay the £197 under protest then you will sue them for a sum not less than £500 for the loss and significant distress, and you will report them to the ICO as well.

Write that as a formal LBC, no ''just to let you know'' or wishy washy please or thankyou!

Make sure the LBC is signed by the person whose data/car it is - you or your wife?

TAB1981

Coupon-mad wrote: »

Send them (by email, first thing in the morning) a LBC stating that you intend to sue ParkingEye for data misuse and negligent processing of your VRN data, with no obvious manual checks being made at all, in breach of the BPA Code of Practice and the ICO surveillance camera Code of Practice.

Set it out that you intend to sue them for £500 (state that sum clearly) for this data protection breach, and attach a copy of your previous email thread to show what it is about.

Tell them that you will make ONE 'drop hands' offer, and will allow them a very reasonable 7 days only, counting from Friday 22nd June, to put the issue right by four immediate actions on their part:

- writing off the £97 or whatever they say is outstanding on that PCN that has a default judgment

- agreeing to pay your £100 court fee, and to consent to the set aside at no cost to you

- reporting their multiple breach regarding your VRN, to the ICO as a reportable data processing failure by their company that has adversely impacted on a consumer

- adding your VRN to a white list for the car parks where you operate as a taxi driver

Reiterate that they have seven days to put this right at no cost to you or your credit rating, or you will pay the £197 under protest then you will sue them for a sum not less than £500 for the loss and significant distress, and you will report them to the ICO as well.

Write that as a formal LBC, no ''just to let you know'' or wishy washy please or thankyou!

Make sure the LBC is signed by the person whose data/car it is - you or your wife?

Thus is the reply I got , I'm sending them another e mail now , thanks

Thank you for your correspondence received in relation to the above referenced Parking Charge, which was issued following a parking event that took place on 7 October 2017 at College car park.



ParkingEye issued a county court claim on 27/04/2018 to recover the outstanding amount. However, as no defence was filed, nor was full payment received within the applicable time frame, the court granted a default judgment in ParkingEye’s favour. At this late stage, ParkingEye would be unable to accept an appeal and we require payment of the full outstanding amount.



We can confirm that £197 remains outstanding. Please find our payment information below.



If you wish to apply to have the judgment set aside then you can do so by filing an N244 form. Please note that such an application will require the payment of a court fee of £255 (payable to the court) and that there is no guarantee that the judgment will be set aside. This will also involve a hearing in front of a Judge.



In certain circumstances, individuals may not have to pay a fee. A system known as the remission system is available to those who would have difficulty paying a fee and meet the appropriate criteria. It is for you to make the appropriate enquires about this system and details can be found at: https://www.gov.uk/get-help-with-court-fees



Payment can be made by telephoning our offices on 0330 555 4444, by visiting https://www.parkingeye.co.uk, or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.



Yours sincerely,



ParkingEye Enforcement Team