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ParkingEye PCN - St Francis Sports & Social Club, Haywards Heath.

Dear MSE members,

We would like some advice with regards to a PCN issued by ParkingEye at St Francis Sports & Social Club, Haywards Heath for an alleged offence on the 02/09/2018.

The car was parked at the above-mentioned facility at 08:00 am and ticket was bought for 9 hours. At 09:00 the car was driven away to complete chores nearby and at 10:00 the car was parked again at the same facilities until 16:20 that day.

Unfortunately, this ticket has been lost.

ParkingEye PCN was received by post (No Notices at the car the day of the alleged breach of contract) on the 09/08/2018 to which appeal was completed using parkingeye website.

ParkingEye PCN Reminder was received on the 26/09/2018 and again appeal was completed using parkingeye website.

No communications were received from ParkingEye until a Letter Before County Court Claim dated 19/12/2018 was delivered to our address recently. In this letter, ParkingEye states that we did not proceed to POPLA or Paid the PCN in full.

Enclosed with this letter we also received documents encouraging us to fill in the "Reply Form" (all documents have ParkingEye references at the bottom or left-hand side of the page). We dont think this is a good idea; instead we are considering writing to ParkingEye separately, presenting the arguments we would be presenting in our defence should court proceedings by brought against us. Is this the correct approach?

POPLA appeal was not completed by us because ParkingEye did reply (by post or email) to neither of the 2 appeals completed on their website.

We believe this is a tactic by ParkingEye to deliberately bypass POPLA and increase pressure on motorists.

Looking forward to hearing from you regarding what should be our next action.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 January 2019 at 9:59PM
    email the BPA AOS ASAP (TONIGHT) with copies of the paperwork, a brief timeline and a complaint that no rejections or popla codes were issued, breaching the BPA CoP

    see the newbies thread for details


    ##DO NOT FILL THEIR FORMS IN## but do the LBCCC rebuttal


    and send their DPO a free SAR email to get all paperwork including rejections with popla codes and data pertaining to you and your vehicle, especially their PDT payment system records about your vehicles payments, entrances and exits etc
  • Umkomaas
    Umkomaas Posts: 42,865 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you've got proof that you appealed to PE and they have failed to respond (with a POPLA Code) then copy the appeals with a strong complaint to the BPA.

    steve.c@britishparking.co.uk

    Incidentally the BPA is based in Hayward's Heath - possibly the only car park (and signs) they have ever physically audited.

    In addition to the complaint, you must progress the LBCCC as PE are one of the most litigious operators in the country. The NEWBIES FAQ sticky, post #2 takes you right through the whole legal process.
    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
  • P3dr0
    P3dr0 Posts: 9 Forumite
    Thank you both for the pointers and will keep you updated with ParkingEye next move.
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