ParkingEye private ticket but was not parked

techno79

Coupon-mad wrote: »

Email P/Eye (using the email addy I already gave you in that earlier reply on the other thread) asking forL

(a) a fresh POPLA code, and in the alternative:

(b) tell P/Eye as well, with proof attached, that the vehicle was not parked, but was using a charging point and that you know they have discontinued similar cases after court claims were issued. So rather than reissue a POPLA code, you believe they need to revisit the facts and act quickly to resolve this dispute that they cannot possibly win, and drop this one before they waste time & money on it.

Here's another one like yours where they took a person almost to a hearing then dropped out when they looked at the facts a bit better:

https://forums.moneysavingexpert.com/discussion/comment/76295740#Comment_76295740

So following this post, I tried both options A and B at the same time. I requested a new POPLA code. Separately, I also sent an email to appeal based on the electric vehicle was charging in an electric bay. To this appeal email, I received a prompt reply saying that the parking charge was put on hold while they look into the details. I have just received a response saying that they have reviewed and still feel the parking charge is due.

The exact words were:

Dear Sir / Madam,
We write further to your recent correspondence which concerned the above referenced
Parking Charge. We recently sent you a Letter Before Claim which informed you that this
Parking Charge remains outstanding and had now been processed for further action.
We note from your reply to our Letter Before Claim that you dispute the outstanding sum.
We can confirm that we have now reviewed your correspondence but it is our position
that the Parking Charge remains due.
We can confirm that £85.00 remains outstanding and that full payment is required within
the next 14 days to prevent further action. We are prepared to take legal action if
necessary and should court proceedings be issued, further costs will be incurred. These
will include, but are not limited to, the court claim issue fee and the solicitors costs referred
to within the Letter Before Claim.
Yours faithfully,
ParkingEye Team

I have still received no new POPLA code nor any response from that request.

I'm not sure what the next steps would be? Should I repeat my request for a new POPLA code?

techno79

Thoughts anyone?

Umkomaas

Getting a new POPLA code after missing the PE appeal window deadline was always going to be a difficult ask. You could try again, but the laws of diminishing returns on effort will need to be recognised (aka - banging your head against a brick wall)! There is no imperative on PE to issue a fresh code.

As PE have also refused your further pleading about using the charging point and are now threatening court action, you could sit back and wait to see if they carry out their threat (they are very often reluctant to issue proceedings where there is a seed of doubt in their minds), or you go straight back at them with a 'Bring it on, let's get a Judge to sort this out' response. Your call.

Unless you can get the landowner involved - where are you with that and how did you get on with the advice given by Guy's Dad? - this isn't going to be killed off early doors.

techno79

Thank you for the reply. I actually missed Guy's Dad post, so I've just pursued that angle. Separately, I'll try to find the land owner but it is for a large retail park with various stores like PC World, DFS, Mothercare etc. So not sure how I could find out the land owner from those retail companies.

Fruitcake

techno79 wrote: »

Thank you for the reply. I actually missed Guy's Dad post, so I've just pursued that angle. Separately, I'll try to find the land owner but it is for a large retail park with various stores like PC World, DFS, Mothercare etc. So not sure how I could find out the land owner from those retail companies.

The Land Registry will sell you a definitive answer for a few quid.

You could also ask the local council who pays the business rates for the land.

KeithP

Googling the car park name will often tell you the managing agents.

Google Street View might help, like here:

https://goo.gl/maps/r6dKpocSGBDRcAcw6

techno79

Not sure if I've seen the back of this but I appealed to ParkingEye on the basis that the car was charging, not parked. They rejected the appeal and still said they needed payment. However, I've since ignored this and not heard anything back. It's been over 6 weeks now.

Umkomaas

techno79 wrote: »

Not sure if I've seen the back of this but I appealed to ParkingEye on the basis that the car was charging, not parked. They rejected the appeal and still said they needed payment. However, I've since ignored this and not heard anything back. It's been over 6 weeks now.

Just check the PE website for your PCN and see what its status is. If it's still current, there's no room for complacency.

techno79

Umkomaas wrote: »

Just check the PE website for your PCN and see what its status is. If it's still current, there's no room for complacency.

Doh, it still says Open. So, I probably haven't seen the back of this then?

Umkomaas

techno79 wrote: »

Doh, it still says Open. So, I probably haven't seen the back of this then?

They have 6 years to pursue you, unfortunately.