LBCCC (ParkingEye) recieved - please help

Mackers12

Hi all fantastic people of MSE,

I've read the newbies post #2, I've trawled through cases similar to my own - but hoped for your honest advice on the following - Is my case too similar to Beavis, and should I try to negotiate rather than go to court? Or do you think I have reasonable chance of success in small claims?

Summary of where the PCN is at:
- Driver overstayed at a WelcomeBreak, during a pretty severe storm, and overstayed by ~1hr - during 'daylight hours' but with next to zero visibility.
- ParkingEye are the PPC - signage was woeful, and had no illumination - hence driver didn't notice during the stay (and overnapped)
- Followed standard PE appeal as per advice here, followed by Popla appeal, and a corresponding incompetent POPLA decision (genuinely).
- Complained to WB, no luck. Complained to Popla / John Gallagher to highlight clear procedural error - haven't even received a response despite chasing three times.
- Complained to BPA - They have agreed to investigate claims that ParkingEye did not notify what ANPR data will be used for at the site - which will require a site visit (could take a few weeks)
-Emailed my MP, Sir Greg Knight, DVLA and ICO. Only Greg responded, signalling developments of the Code of Practice.
- LBCCC arrived, and now considering best course of action.

I feel like I've exhausted all of the usual complaints options (BPA investigation outstanding, but don't expect BPA to overturn...sadly), so I'm now thinking either to fight to the death, or try to settle... reluctantly...

I'm essentially wondering if my case is a bit too similar to Beavis, even if weather conditions were poor and there was no illumination. What do you think?

Options still in the bag:
- PCN was POFA compliant, but the driver hasn't been identified.. Could identify the driver and hope PE will restart the appeals process
- Send PE the SAR as per post #2 and start building a defense
- Email PE without prejudice and try to settle.
-Try to get PE to stop the clock until BPA have investigated legality of ANPR signage
- Keep badgering Popla, my MP etc in the rare glimpse of a hope they will do something...

Any honest advice welcome!

Thanks!

Redx

I would wait for more comments but the BPA wont be overturning anything, they are a trade body, not an independent service

they "may" sanction PE , but that may not stop this juggernaut and they cannot order PE to cancel

I doubt its like BEAVIS because PE wont be leasing that car park , WB will be from the DoT or whoever

signage and illumination are always mentioned because the signage is what starts any contract

a judge may take account of any weather issues and anything else that can be brought up in a DEFENCE (no S in defence, lol)

if PE passed POFA2012 then what point would there be in any driver led appeal ? the same issues would prevail and only can be done if the keeper and driver are two different people

no harm in sending the PE DPO a SAR, make them do some work


ps:- what was the driver supposed to do after the free 2 hour "window" ?

pay ? enter a VRM on a Terminal ? what ?

what are PE saying the driver did or failed to do ?

we know its an overstay, but is there any "get out" that allows people to stay longer ?

Mackers12

Thanks RedX,

Just one quick note, the driver and keeper are two different people - so would essentially be a way to buy more time, possibly in the hope for a second go at Popla - (that and the keeper currently just wants shot of the hassle...)

And sorry (!) - spelling really isn't my strong point...

Redx

so what should a driver have done on the day in order to extend the stay ? if it was possible ?

better you learn how to spell defence now before any court action

so the keeper doesnt want the hassle of court but a driver might ?

Mackers12

Redx wrote: »

so what should a driver have done on the day in order to extend the stay ? if it was possible ?

better you learn how to spell defence now before any court action

so the keeper doesnt want the hassle of court but a driver might ?

1. The driver could have paid £15 on a pay and display machine if they were aware.

2. That is a VERY fair point! :beer:

3. Correct!

Redx

so completely different to the BEAVIS case , because BEAVIS had no options beyond the free stay period at all , no pay , no display, just leave or face a pcn and court

so naming the driver gets the keeper off the hook

maybe a better popla appeal from the driver may suffice ?

ie:- based on what you have learned

Mackers12

Thanks so much for your help RedX!

I think it sounds like the best course of action (at least for now) is for the keeper to identify the driver and hope PE will reissue the PCN rather than take someone they know isn't the driver to court. I read in older threads that PE generally did this, even after the 28 days POFA timeline has passed - do you know if this is still the case?

If only I could run out the clock until the new bill (and new POPLA) are in effect

Also some very helpful distinctions from Beavis - which I'll keep for the future so thanks!

Mackers12

Quick update on this - BPA have sided with ParkingEye... and won't investigate further (despite previously agreeing to a site visit... but decided instead to just ask PE for views).


More annoyingly, I'm being completely blanked by POPLA after raising a procedural error complaint. I raised the complaint to the lead adjudicator - sent to the info@popla as I couldn't fine anything for John Gallagher. No email response. Chased about 5 times now and still nothing. Cc'd POPLA in to the complaint to Greg Knight / my MP, BPA, ICO, DVLA etc.. Still nothing.


Have complained to my own MP specifically about the lack of response to a 'ombudsman service' complaint, who responded to POPLA requesting consideration and a response. Still nothing!?!?! This is over a month now. How can they do this? Should I complain higher up in the ombudsman? Have tried to phone as well but nothing, and takes about 15 mins of waiting on a phone just to get cut off..