Yet another ParkingEye fine thread

Purpleee

Hi all, I'm very sorry for yet another newbie post however I feel way in over my head here and I don't want to do anything else wrong without some advice. Any help would be much appreciated.

So here are the details:

09/03/19 paid for 2 hours parking, overstayed by 32 minutes

Received a PCN (ParkingEye) in the mail, £60 within 14 days, £100 thereafter

Appealed using the MSE forum template on the 14th day, 23/03. Also complained to the retailer (landowner), they refused to get involved

Appeal rejected on 28/03 via email and advised to either pay or appeal with POPLA within 28 days. Did nothing (very silly I know)

Received "Letter before County Court claim" letter on 31/05/19 with a reply form and 'seemingly' no further appeal option

Again, I'd be so grateful for any advice because I don't really know what my real options are other than pay or don't pay. It just seems so ridiculous to pay £100 for half an hour when obviously my intentions weren't to get one over on anyone as I had paid for parking. (Please don't rip me a new one for being an annoying newbie!)

Redx

The driver broke the parking rules and defrauded PE by underpaying and not buying more time at the beginning or at the end by buying a second ticket for an hour

The keeper has failed to use arbitration by popla

2 mistakes that mean it's probably a slam dunk for PE

Expect a court case if you do not pay the full amount

The_Deep

Expect a court case if you do not pay the full amount

I very much doubt if PE would be daft enough to take this to court if you point out to them your concern that their signage is unlikely to persuade a judge that it is capable of forming a contract, read this.

https://forums.moneysavingexpert.com/showthread.php?you. and pay them not one penny unless a judge so orders.

Nine out of ten of these so called breaches of contract are scams

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

Umkomaas

Once the snowball is rolling down the hill, PE rarely pull out of a court case, unless something significant of disadvantage to them crops up.

Please check your Notice to Keeper (the very first postal notification of the parking charge - not any of the subsequent letters from PE), does the reverse page of it contain a paragraph about the Protection of Freedoms Act 2012, which commences 'You are notified under paragraph 9(2)(b) of Schedule 4 ..... '. And a further paragraph which commences 'You are warned that if, after 29 days from the date given ....'?

Purpleee

Redx wrote: »

The driver broke the parking rules and defrauded PE by underpaying and not buying more time at the beginning or at the end by buying a second ticket for an hour

The keeper has failed to use arbitration by popla

2 mistakes that mean it's probably a slam dunk for PE

Expect a court case if you do not pay the full amount

Welp. Thanks for your advice.

The_Deep wrote: »

Expect a court case if you do not pay the full amount

I very much doubt if PE would be daft enough to take this to court if you point out to them your concern that their signage is unlikely to persuade a judge that it is capable of forming a contract, read this.

https://forums.moneysavingexpert.com/showthread.php?you. and pay them not one penny unless a judge so orders.

Nine out of ten of these so called breaches of contract are scams

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

Thank you for your advice! Would it be worth contacting PE telling them what I intend to do, or just wait it out? Also, I couldn't open the thread you posted?

Purpleee

Umkomaas wrote: »

Once the snowball is rolling down the hill, PE rarely pull out of a court case, unless something significant of disadvantage to them crops up.

Please check your Notice to Keeper (the very first postal notification of the parking charge - not any of the subsequent letters from PE), does the reverse page of it contain a paragraph about the Protection of Freedoms Act 2012, which commences 'You are notified under paragraph 9(2)(b) of Schedule 4 ..... '. And a further paragraph which commences 'You are warned that if, after 29 days from the date given ....'?

I'll try looking for this letter! (But it may have gone walkies in the house amongst the other letters) - ANd thank you for your response!!

Umkomaas

Purpleee wrote: »

I'll try looking for this letter! (But it may have gone walkies in the house amongst the other letters) - ANd thank you for your response!!

Get a SAR off to PE (which should be part of your process now in dealing with this) which should result in them providing you with a duplicate copy. However, they have a month to respond, and as dealing with SARs won't be one of their priorities, they won't be rushing. So if you can find it, so much the better.

SARs are covered in the NEWBIES FAQ sticky, including a link to a template for use.

Purpleee

This is the email to PE from their privacy to ask for the SAR:

Dear ParkingEye,

I wish to submit a Subject Access Request for the aforementioned PCN reference. I expect the following data to include, but not be limited to all photos taken, all letters/emails sent and received, including any appeal correspondence earlier, all data held, and a full copy of the PCN/NTK. Additionally, I require a list of all PCNs you consider are outstanding against myself and/or this VRN, and may I remind you that any claim must be for all PCNs in one claim, not several separate claims.

I have also sent correspondence to the landowner to have this fine rescinded and await their reply.

I will also send the same to their litigation team?
Can't thank everyone enough for their advice so far

The_Deep

Also, I couldn't open the thread you posted?

Worked for me, are you using a mobile 'phone?

Purpleee

The_Deep wrote: »

Also, I couldn't open the thread you posted?

Worked for me, are you using a mobile 'phone?

No, a PC

Coupon-mad

I will also send the same to their litigation team?

Not the SAR, no.

But you do need to email the enforcement team as the NEWBIES thread tells you, to try to rescue it and even get a late replacement POPLA code if you push and push.

I'd be so grateful for any advice because I don't really know what my real options are other than pay or don't pay.

Even though the NEWBIES thread section on LBCs tells you that ParkingEye are a bit different and to email them (I am not talking just about a SAR).