ParkingEye - Defence Form Evidence

Redx

Bear in mind that the range are unlikely to be the landowner

People need to stop believing that the businesses own the land where the business is , most are tenants , especially if it's more than one business , like retail parks

The business is the first port of call for a cancellation , or to get management company or landowner details

Coupon-mad

You are likely to get a letter from P/Eye saying that due to 'additional information' coming to light, they are prepared to settle at £60 and discontinue. 

Refuse that kind offer when it arrives, and ask them for a copy of the communications between them and the Range about you, under your GDPR rights (subject access) because you want the Judge to see it in evidence.

stagebob_69

@Coupon-mad
Even better - The Range have sent me the response between themselves and Parking Eye:

Dear Mr *removed* I have received a response from Parking Eye regarding your PCN, which is as follows: 'Unfortunately, we are unable to cancel the PCNs for vehicle *removed* as we have already issued court proceedings on the PCNs. I have spoken to our Enforcement Department about this case and the course of action we would be prepared to take at this stage is a without prejudice offer letter to the motorist. We can offer the motorist a settlement fee of £85, once payment has been made then ParkingEye can then withdraw the charge. The reason why we feel it is justified to ask for the court fees is because the motorist has ignored all previous correspondence we have sent. We feel they have had plenty of opportunity to appeal and mention to us before this late stage that they were a genuine customer. Instead we feel they chose to potentially ignore our letters because of the incorrect advice on the internet that we don’t/can’t pursue motorists. We have sent all correspondences to the last known address that we have for the Registered Keeper (i.e. the DVLA address at the time of the Parking Event). If this was not the motorists address at the time of the Parking Event, then the motorist was at fault for not informing the DVLA of an address change within the correct time frame. It is also not unreasonable to expect that an individual who has moved house and is aware that they haven’t updated their address with the DVLA would have put in place a system whereby they could receive mail sent to their old address (especially given the fact that they could, hypothetically speaking, also have had fixed point penalty notifications and council parking charges sent to their DVLA registered address as well). Also in this case ParkingEye performed a trace prior to taking legal action through a credit agency such as Experian. The results were returned by the company as “Living as Stated” as they have some form of credit registered at that address. Therefore ParkingEye took reasonable actions to locate the motorist prior to court action being taken'. Please can you let me know if you are in agreement with the 'without prejudice' offer letter and then Parking Eye will issue the letter to you.

Le_Kirk

Are you prepared to pay £85 or are you prepared to fight on?  That is your decision.

stagebob_69

Prepared to pay nothing, so fight on.

They're claiming £85 for legal fees in the above email but in fact the legal fees amount to £75 - seems they just made up that figure. Also I was wasn't ignoring them, I wasn't in the country when they sent their previous correspondence.

Le_Kirk

We see the figures change all the time depending upon who is sending the letter to you.  The "allowed" figures should be the original claim, normally £100, filing fee £25 and hearing fee £25.  There is sometimes £50 allowed for legal costs - presumably if they involve a legal - but most claims seem to add it in.

Coupon-mad

Forward that email to ParkingEye (enforcement@) and ask them for a copy of the Trace(s) that they did under your SAR rights, reminding them that a financial records trace is no proof of residence if the credit was taken out before moving out, and that they have failed to take 'all reasonable steps' as required before they filed a claim:

Also in this case ParkingEye performed a trace prior to taking legal action through a credit agency such as Experian. The results were returned by the company as “Living as Stated” as they have some form of credit registered at that address. Therefore ParkingEye took reasonable actions to locate the motorist prior to court action being taken'.

nosferatu1001

It's also a lie. The6 can discontinue at any time, so they aren't "unable" to cancel. 

stagebob_69

Can you please check the points I have written before I send it off to ParkingEye:

Unfortunately, I'm not prepared to accept the offer at this time for the following reasons:

1. The settlement offered is in relation to the court fees incurred by ParkingEye which amount to £75 as stated in the Claim Form and not £85 as claimed by ParkingEye in the message 

2. The justification given to ask for the court fees is not fair as I was away from my residence for a substantial period of time so I would have unintentionally missed ParkingEye's previous correspondence 

3. I would like to request a copy of the Trace(s) that ParkingEye conducted under my SAR rights 

4.  I would like to point out that a financial records trace is no proof of residence if the credit was taken out before moving out

5. ParkingEye failed to take 'all reasonable steps' as required before filing a claim

6. I attempted to get in touch with The Range regarding the PCN over the phone but they were not responding

7. I visited The Range in person to try and resolve the matter by speaking with a store manager and requesting them to ask to cancel the PCN as I was a genuine customer who overstayed because the long queuing times resulting from the Covid-19 social distancing measures at the time

8. I was made aware by the store manager that similar PCNs issued to customers by ParkingEye during the pandemic were cancelled

Coupon-mad

Looks fine but I'd drop 'Unfortunately'.  Be more confident and not apologetic!

And end the email with your suggestion of what you WANT them to do and by when.