Parking Eye - Driver No fixed Abode

wordsbut

Hi Folks,

I'm after a bit of advice if possible? Especially after having read a lot of posts on here and realising, as may become obvious, that I have already made a lot of mistakes in my attempts at dealing with ParkingEye and the Landowners.

Basic Details (bullet pointed to try and avoid waffleitus)

1. I had in October last year, due to a sudden flare up of a long term medical condition, the urgent need to pull off the road and wait for the pain and associated issues to pass.

2. I pulled into the first clear, obvious and safe place I saw (this was my only focus)

3. I was not there long before I was able to continue with my journey.

4. A couple of weeks later, the vehicles owner received a PCN from ParkingEye stating that I had been stopped in a local schools private car park (well outside school hours) for a period of 14 minutes and as such now had to pay a £100 fine.

5. To prevent any inconvenience, stress or other issues relating to this, for the owner, I told them to immediately inform PE that I was the driver at the time, this they did by return letter.

6. Because I was (and still am) of ''No Fixed Abode'' and reliant on the kindness of friends, family and temp work with accommodation, for places to stay, they were given my phone number and email address as the points of contact for sending out the amended documentation.

7. I also emailed PE direct with the same information.

8. Despite numerous follow ups over the past few months and even replies ''Via Email'' from PE, they continually refuse to send me the amended documentation and instead have followed the path, bordering on harassment, of chasing the owner about payment and possible enforcement action.

9. The school (landowner) were also contacted, more in relation to asking if they were happy at the agents action on their behalf, harassing an individual who was innocent of any issue, even though the agents had a means of contacting and sending documentation to the driver and their main response was

''We can confirm receipt of your email regarding your parking fine and can confirm that we have send it on to Parking Eye, as we have with previous correspondence.

We have passed responsibility for the monitoring of this area to parking eye and as such have not authority to over ride their decisions.''

11. I did not attempt to go through the PE appeals process, as apart from the fact doing so would have triggered problems with my health, I had no intention of sharing my 26+ year medical conditions with anonymous individuals who would not have a clue about or any interest in them.

12. I also asked for details relating to a court date and additional information the was recommended to be asked for, in order to by able to prepare a case, arrange where possible and well in time, some legal advice and assistance on the day and more importantly to ensure I was in the correct part of the country for the court hearing. Which is where details of my long term health issues, in particular the one that had caused me to have to park up on the day in question, would be provided to the court.

To date, PE have refused to release any information other the the PCN and photos on it and as stated, continue to chase the vehicle owner. And the school (Landowners) have no interest what so ever is the actions of PE

My questions, being asked now as I've lost the plot and waffled on too much already are

1. Is there anything I can do to have the amended documents sent to me by email?

2. Could I use a Poste Restante address for PE to send the documents to instead of email?

3. How can I (or the owner) get agreement and confirmation in writing that any and all action will cease against the vehicle owner, with all details relating to their information being deleted from PE's database?

4. Are the landowners (the school) able to wash their hands, have no interest (other than funds generated), input or control over the actions carried out on their behalf by PE?

Any and all advice or recommendations will be greatly appreciated (more so for stopping the owner from having to deal with PE anymore)

Thanks in advance

Wayne (the mega mistake maker) :-)

Umkomaas

1. PE don't do much via email. They would need to send a Notice to Driver via post.

2. In order for the Keeper Liability to be transferred to the driver, the RK (stop referring to them as 'owner', the term is irrelevant in almost all private parking matters) must provide the parking company the name and address for service of the driver. Without both, PE can legitimately continue to pursue the RK. The Protection of Freedoms Act 2012 (Schedule 4) does not require the actual address of the driver, just one for service (you'll struggle to get them to accept an email address).

3. See 2 above - that should sort it. If it doesn't then complaint lines to the BPA, DVLA and ICO should be opened.

4. They lie if they say they have no control. Contracts with PE have PCN cancellation clauses in them, but you're never going to get to see what they are. Passing the buck to PE allows the school to hide behind the juggernaut.

Without a cancellation from the school this isn't going to go away from the RK unless he/she complies with above and passes liability to you. Then you will need to fight this via POPLA, if/when the time comes.

Be warned that if PE commence court proceedings before the transfer of liability, there can be no transfer, and the RK him/herself will have to defend the court case - you're permanently and completely out of the picture.

The_Deep

Had this have been a Local Authority ticket you would almost certainly have got off, see MC1.

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

It is also very likely that, if this gets to court, a judge is likely to class this as a medical emergency and find for you.

My advice would be to go to PoPLA and claim that it was a medical emergency, enclosing some evidence to that effect, and complain to your MP.

The school may not be able to control their poodle, but thety are responsible for its actions. If they have a Facebook page write bad stuff on it.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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 the public. Add to their burden, complain in the most robust terms about the scammers. r

Coupon-mad

Despite numerous follow ups over the past few months and even replies ''Via Email'' from PE, they continually refuse to send me the amended documentation and instead have followed the path, bordering on harassment, of chasing the owner about payment and possible enforcement action.

The rk can't transfer liability unless they give an address for you to reasonably be contacted.

So get them to provide a postal address - somewhere you will get to see the letters - so the letters come to you.