Parkingeye Letter before County Court Claim with address changed

iamdirector

It is absolutely WARM seeing this forum with tons of kind assistance...

Background
- I have moved house since Sep 2018, and I just noticed by my old neighbour that I got PCN. I was told I parked 30min more than the max stay in a supermarket carpark, but I did buy there >GBP30 but invoice has gone...And the status now is "Letter before county court claim". drive.google.com/file/d/1kuHgt2PKC4ymkJg2DsFEcErfsju7cIbK/view?usp=sharing
- my PCN is not a "golden ticket" as shown here drive.google.com/file/d/11JrkkF_3aWobi43fKwSSvqbxST9MbKYZ/view?usp=sharing
- My driving license is an international driving license, i.e. it is not associated to any UK address.
- I want to update DVLA for the change of address but seems doesn't work online, I will try phone call if I should

Question
- Given that my status is now "letter before county claim", should I still use the first appeal template shown in the post#1 for "Newbie"? If appeal, should I email enforcement@parkingeye.co.uk?
- Is it a golden ticket? If yes, I will follow the golden ticket instruction.
- Should I update DVLA address record now in such situation?

Many many thanks in advance!:money:

iamdirector

For a reminder (for myself and also the latecomers looking at this post), below is the first appeal template.

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

LoneStarState

Unfortunately it would be too late to appeal using the template you mentioned because as you've pointed out in your post, you have received a letter before county court claim.

You need to follow the newbies sticky thread further down to find out what you should do when you receive a letter before claim. It involves writing a rebuttal to the letter before claim and demanding all evidence (including the original invoice) of the claim as you are rightly entitled to.

Another important point is to start a strongly worded complaint to the supermarket (and thus presumably the landowner who has contracted ParkingEye) to tell them of your distress, disappointment and anger at this frivolous attempt to extort from a genuine customer of their store. Show proof of your purchase that day and prior purchase history at that store to show your loyalty is at stake.

Coupon-mad

- Given that my status is now "letter before county claim", should I still use the first appeal template shown in the post#1 for "Newbie"? If appeal, should I email enforcement@parkingeye.co.uk?

Yes.

- Is it a golden ticket? If yes, I will follow the golden ticket instruction.

No:

https://drive.google.com/file/d/11JrkkF_3aWobi43fKwSSvqbxST9MbKYZ/view

It has the POFA wording on the back, exactly the bit a Golden Ticket omits.

Umkomaas

In the context of a parking charge, it is the V5C (logbook) that is the important document, not your licence.

But amending it now (which you must do) will not of itself stop PE communicating with the only address they currently have (your old one - a dangerous situation for you) - there is no update from the DVLA and PE only have one shot at acquiring your details, and that's at the start of this whole process.

So you write to PE and give them your latest address, and tell them that that is the address for formal service of any further correspondence in the context of the parking charge. Is your revised address in the UK?

In terms of your international driving licence, make a phone call to the DVLA and seek their advice.

iamdirector

Many thanks, I will read further tomorrow morning. Hope that there is still chance cancelling it:(

iamdirector

And my new address is still in the UK, I will email PE to update the address. And at the same time update DVLA. Many thanks guys.

Coupon-mad

I was told I parked 30min more than the max stay in a supermarket carpark, but I did buy there >GBP30 but invoice has gone

You mean you've lost the receipt? Do you have a bank statement to prove by email to PE, and the the retailers, that you spent over £30?

If you can prove it you can get it cancelled if you email quickly.

iamdirector

Yes I didn’t keep the receipt as I am not aware I was fined...Not sure if I can get that historical bank record. Just had a quick check and it didn’t shown anything...

Coupon-mad

Can you EDIT your first post please and 'ADVANCED EDIT' and change the thread title, as you do not have a Golden Ticket.

It's important your thread title is not misleading every time we click on it later on, and you can only edit a title for a few weeks I think.

Umkomaas

The retailer is able to run a backdated search on their system and print out a copy of the receipt. You'll need to give them the date of the transaction, roughly the time of the purchase and some of the items bought. The technology is available, whether there is a willingness is another matter - but, don't ask, don't get!

Which retailer - because there are certain strategies that work with some retailers?