Puncture at Fleet motorway services

tonky

Hi (and thanks for taking the time to read my dilemma)
I have now received a "LETTER BEFORE COUNTY COURT CLAIM"

I have previously informed parkingeye that I was not the driver it was my wife. (I have not given them her exact details)

She pulled into fleet services parked in car park for a short while - when she came out she had a puncture so she drove round to the garage refilling station to see if she could put air in the tyre and get help.  She struggled but eventually got some help, got the wheel undone and the had difficulty getting the wheel off and had to wait for some from a man with a hammer. This all in all meant she spent over 2 hours from exiting the motorway to rejoining the motorway.

When parkingeye first sent a letter I informed of this and sent them photo's - it would appear they rejected this appeal (and I did not realise that I had to go through a further 3rd party to appeal this ie Popla) - Due to the last month I have now missed the opportunity to contact POPLA

I have some questions

1) I have informed them that I am not the driver - but only told them it was my wife, not given her details. If proceedings are drawn up against me, will this be a good enough point to challenge them on?
2) Most of the time was spent at the filling station trying to get the spare wheel on - is this considered parking? 
3) should I ignore this till they take me to court?
4) do they have a case?
3) how best to proceed?


Thank you for your time and should I be asking any further questions
I look forward to hearing from you 

nosferatu1001

1) no, if they met pofa2012 it won't matter. The keeper would be liable if the debt is proven. 

2) no, and shows the PE ANPR cameras aren't correctly positioned. MSAs MUST give 2 hours parking. Not filling up, as that is not parking. 

3) they will take you to court, and ignoring can be unreasonable behaviour. 

4) potentially, they do and will sue and it's up to a curt to decide the merits. 
5) what did your appeal actually state? Did it mention the flat tyre and issues changing it? What was their response?

the obvious step is to respond to the lbccc. Newbies thread has a lot of detail 

Castle

It might be worth contacting Welcome Break who run the service station to ask for a cancellation.

Ralph-y

or at least that they can confirm the breakdown.... or the guys at the service / fuel station

Ralph

Fruitcake

Obviously the first thing to do is contact the service station manager and get them to instruct Parking Lie to cancel. Point out that the vehicle was not parked in this refuge (service station) but was being serviced.  

Hammer this home and point out that the manger/landowner will be required to attend court if this is not cancelled fifthwith.

Complain to your MP about this unregulated scam as well as to the minister for transport.

Respond to the LBC as per the guide to court written by bargep[ole that you will find in the second post of the NEWBIES.

D_P_Dance

ParkingEye's signs leave much to be desired.  Many judges have thrown cases out because they are far too wordy and too difficult to read

to form a contract, read this

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

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but 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.,

Coupon-mad

Complain to WB and ask P/Eye for a new POPLA code, by email:

info@parkingeye.co.uk

tonky

Thank you for all your help!
I eventually sent emails to directors at Welcome break - I then received 2 emails from them that they would arrange cancellation of said notice.
I then received 3 emails over 2 days from PE that everything was cancelled.

Once again, thank you for all your help 

Umkomaas

Well done and thanks for letting us know of your successful outcome. A landowner complaint resulting in a cancellation is always the most satisfying (and final). 👏

Coupon-mad

Nicely done.  Can you tell us who you emailed at WB?