ParkingEye LBCA

Badger999

Dear all, today I have received a LBC from PE. Having researched an old thread from 2013 it appears that there is a wealth of information from a forum member 'Daisy' however that advice seems very outdated and was wondering if I should respond using that advice or ignore the LBC until court proceedings commence. My scenario is an ANPR camera recording my vehicle allegedly having overstayed in a services. I do not recall this overstay and it is possible the car was driven in and out of the services in order to find parking space etc. Is anyone able to support/advice whether that info still is accurate. I have seen a number of warning posts suggesting the info is out of date!

The_Deep

IMO, PE signs leave much to be desired. I doubt that many judges wuld agree that they are capable of forming a contract, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

and enlist the support of your MP as they are obviously trying to scam you.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies. v.

Le_Kirk

Go to the NEWBIE section and read post # 2 in its entirety and this is all the advice you need about the small claims court stage. Recent advice it to send a "short" rebuttal of the LBC but also send a SAR to the PPC to find out all the data they hold on you as they surely won't (even though they should) include this with the LBC.

Badger999

Hi, thanks both for taking time to reply. I have made a SAR request today via their online web form under the Privacy Section. I have 30 days to respond, I have also asked them to put the matter on hold until I have all the information to hand as they have been very vague with the LBC. The advice on the sticky isn’t very clear and I wanted to ask if I need to respond to their questionnaire? Send that by post stating that I need further details? It appears that I will be served court papers from reading the Newby Post. I will look to email my MP however I am not they will be very forthcoming given the beating in the local elections and I don’t see why they will want to get involved. On another note, I accessed their online evidence and it does give me an option to appeal still at this stage? Is this correct and should I appeal online?

Fruitcake

Badger999 wrote: »

Hi, thanks both for taking time to reply. I have made a SAR request today via their online web form under the Privacy Section. I have 30 days to respond, I have also asked them to put the matter on hold until I have all the information to hand as they have been very vague with the LBC. The advice on the sticky isn’t very clear and I wanted to ask if I need to respond to their questionnaire? Send that by post stating that I need further details? It appears that I will be served court papers from reading the Newby Post. I will look to email my MP however I am not they will be very forthcoming given the beating in the local elections and I don’t see why they will want to get involved. On another note, I accessed their online evidence and it does give me an option to appeal still at this stage? Is this correct and should I appeal online?

They have 30 days to respond, not you.

You do not need to respond to their questionnaire, but you do want to respond demanding more information.

Your MP is meant to serve their constituents so they should get involved, especially when you quote the responses from other MPs in open parliament resulting in the introduction of a new parking bill designed precisely to stop this sort of thing from happening.

Brexit is only one of their jobs, and the drubbing certain parties got during the recent council elections should encourage them to help with local matters, not the opposite.

If there is still an opportunity to appeal, then do so. If you can show a judge you tried to avoid court will go in your favour.

Badger999

Hi thanks for the quick reply... So when I go onto their online portal I am able to submit information in the appeals section. The first page asks for personal details like name , address , contact info, email etc. I didn't go past that page as don't want to give them any further personal details then they already have , so wasn't sure if this is ploy to get further info only to tell me that the appeal won't be allowed at this stage/? The issue is that the driver was actually a visiting friend who is now overseas. If I pass their details then I am not sure they will go after him given that they won't have any jurisdiction and just continue hassling me? any advice on this?

Fruitcake

You need to give them the details of the person making the appeal, which is presumably the vehicle keeper.

If however the driver permanently lives overseas then give the scammers that person's name and overseas address for service.
The driver will need to confirm they live overseas to the scammers and that should then be the end of it.
The scammers cannot transfer liability back to the keeper once they know the identity of the driver. That's why the driver must confirm they were the driver. If the scammers don't know the driver's identity, they can still pursue the keeper.

The driver might need to send proof they live overseas such as a utility bill, or a scan of their passport (with photo redacted.)

It is imperative that you give the scammers the drivers overseas details ASAP before they start court proceedings. Since you are at LBC stage I believe you still have time, just.

Note that this only apples if the driver lives overseas.

Badger999

okay so I am the RK and the driver lives overseas, however its a country where they probably will never be able to get hold of him. I am concerned that they will chase him abroad and having no joy will start chasing me again hence i thought I would just deal with the matter myself? I hope this makes sense

Fruitcake

Badger999 wrote: »

okay so I am the RK and the driver lives overseas, however its a country where they probably will never be able to get hold of him. I am concerned that they will chase him abroad and having no joy will start chasing me again hence i thought I would just deal with the matter myself? I hope this makes sense

An address for service is an address where he can be contacted including a post office box or equivalent. I added a comment to my post that you may have missed, suggesting a scan of his passport. He could also use an ID card or driving licence.

If you are in touch by 'phone or email you can ask him to send you the scans electronically that you then include with whatever overseas address appears on the docs.

This really is the best way out for you but you need to get on with it pronto.

Badger999

I am not sure he will want to provide his passport details and I would want to ask given that he is going through a messy divorce at the moment. I can't imagine adding this on his things to do. Do I have to provide ID docs? nothing in the PoFA says that's necessary. Would I not discharge my liability by providing the said details?

Badger999

Thanks all, I have now made contact with the driver and provided his details including email address and phone number. I have made an appeal online... for those who are monitoring this post, I was still able to make an appeal via the online portal including advising them of the driver details. Now will see what happens next. will keep you informed