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Missed Appeal Deadline

Hi all,

I've received a PCN from ParkingEye (Member of BPA) for not paying for parking at Grafton Street car park in Manchester.

The incident occurred at the end of August but for personal reasons I didn't have the chance to appeal within the specified time limit.

Parking Eye now state I can no longer appeal, so I just wondered what my options were at this stage?

As a bit of background, Grafton Street car park used to operate a barrier/ticket system, however they recently introduced cameras with very poor signage. To my mind (and other drivers) it appeared there was an issue with the ticketing system that day as the barriers were open on entrance & exit & the tickets weren't dispensing, rather than the fact they had now introduced cameras & the payment system was different.

Thanks

Comments

  • Umkomaas
    Umkomaas Posts: 43,438 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Date of parking event?

    Date of issue on the first letter you received from PE?
    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
  • Date of event: 22/8/2018

    Date of issue: 29/8/2018

    Thanks
  • Umkomaas
    Umkomaas Posts: 43,438 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Date of event: 22/8/2018

    Date of issue: 29/8/2018

    Thanks

    Thank you for confirmation. Unfortunately the dates don't help, PE have met the timing requirements for the issue of the NtK and can therefore hold the keeper liable.

    As you've missed the deadline for appeal, if you don't want to pay this, you'll just have to wait and see what PE's next move is.

    They could hand your case over to debt collectors (not as scary as it sounds, and might well be the best result for you, as when PE do this, they seem not to proceed further to court).

    Alternatively, they could issue you with a Letter Before Action (which you will need to deal with - NEWBIES FAQ sticky, post #2). This will be followed up with a formal claim through the MCOL procedure (Google it).

    You could try complaining to the landowner and ask them to intervene to get this cancelled - it works sometimes, but you will likely need a good story rather than a 'look how hard done by I've been'.
    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
  • Thanks for your reply.

    I received the Letter Before Action this morning. I've had a read through Post #2 of the Newbies stickies thread & in all honesty I think it's simpler to just pay the fine in this instance.

    Thanks for your help.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Thanks for your reply.

    I received the Letter Before Action this morning. I've had a read through Post #2 of the Newbies stickies thread & in all honesty I think it's simpler to just pay the fine in this instance.

    Thanks for your help.

    Such a shame you want to pay scammers just like that

    The LBA gives you the opportunity to rebut what they say
    and you do have 30 days to respond.

    Why not scan the main LBA and upload to a free hosting site
    then use hxxp not http to link here, we will make it live

    Once seen, you will get the best advice

    Make sure you redact all personal info.

    What have you got to lose, you have 30 days ? .....
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Good heavens.

    A MSEer of thirteen years wants to pay a scammer... unbelievable!
  • Ralph-y
    Ralph-y Posts: 4,706 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    this caa park is the perfect example of how scammers change a system that works ... to one that creates confusion and ££ for them !



    if you do pay ....


    and I hope not ......


    please read and watch the below



    and write to your MP




    https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    and slightly longer, the committee stage

    https://www.parliamentlive.tv/Event/Index/d5550515-cce9-4185-83ec-754dadb7524a

    ''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

    These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

    and some quotes from the committe stage

    "The other area is hospital parking, and I want to single out one company for some pretty shady practices. That is ParkingEye"
    " is very clear to me that there is collusion between parking companies and solicitors’ firms—so-called roboclaims companies. "
    "They are often set up adjacently and involve the same directors and personnel. Incidentally, the same personnel get involved in the so-called appeals bodies."
    "Essentially, it is a money-making enterprise that takes advantage of motorists up and down the country. They operate in a very business-like fashion, which is why I call them roboclaims companies."
    "The companies are jamming up parts of our legal system."
    “I now pretty much know exactly how the parking companies and in particular the IPC have been running this scam for the past 5 years. Basically both of the appeals processes are a complete and utter sham, (and part of that sham is Gladstones Solicitors itself)”
    "The appeals process at Excel/VCS is run by a team of minimum wage office workers with no legal knowledge or experience whatsoever,"
    " It is claimed by the head of the appeals service (retired Judge Bryn Holloway) that this is a completely independent fair process, it is not”
    "The letter mentions two individuals—Will Hurley and Bryn Holloway—and concludes this is a typical example of the clear collusion between the IPC, their members and the IAS"
    "what we can do about roboclaims companies and solicitors firms that profit, often in shady ways"
    " the very large amounts of money that can be involved in such scams—a company called Smart Parking was involved in one such scam on my patch"
    "tightening up the rules regarding the unfair use of automatic number plate recognition" "BW Legal, regularly issues 10,000 county court judgments a month, and is known to have issued 28,000 in one month"
    "They are jamming up our court system, and are often totally unjustified."
    " because the lifeblood of trying to extort money from people is having access to their details."

    All from Parking (Code of Practice) Bill (First sitting) Hansard


    and leave plenty of neg feedback on the car park to warn others


    Ralph:cool:
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