Letter Before County Cout Claim - ParkingEye

NeverBefore

Hi all,


Firstly Thank you to everyone who posts and provides free guidance on how to fight these claims. You are providing invaluable service.
Summary of my case: I received a PCN from ParkingEye in August'18 for overstaying in a car park near a beach. It was Bank holiday weekend and that it was the only place I could park. My side of the story is I tried to PaybyPhone - but the "SMS Registration" was no longer supported came the response. I tried calling the number provided to pay - I was asked to go through the 10 mins call. Let me add I was travelling with an infant who was tired after a long day at beach. The pay machines only took coins, No Card, No Notes. I was parked for 4hours and had owed £10. I had only £6 coins and I paid £6. On hindsight I could have done a lot of things differently. Anyways as expected I received a PCN - £85 if paid within 14days or £100 thereafter. I appealed and lost, appealed to POPLA and lost again.
Now I have a LBC - I have sent a SAR to PE. I am also thinking of offering them £30 "without prejudice" but only after they send their response.
It will be helpful if you could give me pointers on what defence I can use?
Thanks in advance

Redx

any defence is based on legal points, like frustration of contract etc

checkout the NEWBIES FAQ sticky thread and look through the example defences, especially any honed by member BARGEPOLE, like his concise defence

how long was the alleged overstay ?

NeverBefore

I had overstayed for 2 hours based on the unpaid amount.

Redx

based on the fact that they probably know the driver and they may have followed POFA2012 (meaning the keeper could be liable anyway), plus judges dont like p&d issues like what you describe (incorrect or non-payment) I would try and settle out of court


PE took Barry Beavis to 3 courts and he lost the last one over 2 years ago at the Supreme Court in London


you are low hanging fruit and ripe for picking

so try and settle as you said, because if this goes to court you have a tiger by the tail, but yes check what the SAR brings you first in case there is a clear technicality you can use (but I doubt it because if there was and if you had a good popla appeal then you would have won, but you lost there too)

The_Deep

I very much doubt that they would settle for £30. Bearing in mind that, if they won their court claim, you would have to pay iro £200, I would offer them £80, or agree to arbitration.

You can also always complain to your MP.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of

NeverBefore

Seems like I would have to grit my teeth and get over it this time. Thanks your guidance.