Missed Popla Deadline with ParkingEye (Clarification)

sethcapes

Hi there,
Love this forum - has served me well in the past. I have a situation with ParkingEye (appears a special case these days) which I would just like someone to clarify I've understood the advice correctly:
Background - received a postal PCN a couple of months back for overstaying in a park carpark. Appealed without being forthcoming on who was the driver. Then received POPLA code which went to my junk mail and forgot all about it. Deadline has now long gone and I've received a 'final notice' from ParkingEye.
I've trawled through what I can in the sticky threads and appears the course of action is: ignore next stage which will be usual 'debt collectors' and await court proceedings (if forthcoming) then construct defence. In the mean time complain to landowner though likely futile at this stage.
Am I right in thinking that the court proceedings are not unlikely as it is PrivateEye? 
Thanks
SethCapes

Redx

It's definitely not Private Eye , no way is Ian Hislop taking you to court !!

It is extremely likely and common for Parking Eye to issue a court claim , Google Barry Beavis , they took him to 3 courts

If Parking Eye have a valid in date landowner authority contract , if signage is ok , if they complied with POFA which they usually do , if they complied with the BPA CoP , then you won't have much of a defence

It's either overstaying or bilking , depending on the type of car park

sethcapes

Wow, OK, things have changed round here then! I never thought I'd ever have to pay one of these.
Sounds like you are advising to just cough up in this instance. Is that fair to say?

And yes, Parking Eye. 

KeithP

sethcapes said:

Sounds like you are advising to just cough up in this instance. Is that fair to say?

I would say that is not a fair assessment.

Notice that there are several 'if's in Redx's comments.

You need to be reading the NEWBIES thread and re-assess your situation.

Wait patiently and almost certainly you will receive a County Court Claim sometime within the next six years - probably sooner rather than later.

Post again on this thread if that happens and you need further help.

sethcapes

Thanks. I must have mis-read the tone then, perhaps Redx could confirm.

And honestly, I really did read as much as possible. I just wanted clarity. I don't want to sound ungrateful in any way but the sticky threads aren't as crystal clear to non-experts as you guys with 24 thousand posts may think. 

Redx

I confirm that the ifs are the hurdles they must jump to get to Beecher's brook , before the final furlong run in with you in court

They will issue a Court claim , probably this year , you will have to find that tiny chink in their armour to get it past a judge , especially if it was an overstay on a free car park , like they won in the Beavis case 5 years ago. They learned a lot from that case , as did we

If it as an overstay on a pay and display car park , then it's an underpayment , bilking , judges never like bilking cases !

If you failed to take it to Popla , where it should have been tested , think of defending a court claim in civil court and how you would do so. The legal arguments in your defence , which you havent told us yet but you expect us to comment on your chances ? we have not yet seen

both sides of the PCN (with suitable redactions)

the signage on the site

the landowner authority giving PE permission to operate etc

If you are going all the way , decide now and start looking for that Achilles heel !

Coupon-mad

Why not just email ParkingEye and ask for a new POPLA code because their email went to spam?  P/Eye re-issue POPLA codes in many cases.

And what happened when you tried PLAN A as clearly explained in the NEWBIES thread to try in every case, at any stage?  I'm not explaining PLAN A here...

sethcapes

Coupon-mad - I'm not explaining myself here, you can read my first post.

Coupon-mad

Wow,  I did and my advice was bespoke to your exact situation.  I won't explain PLAN A on individual threads - we never will - because it's in the NEWBIES thread, but I had to ask about it because you didn't mention it - the easiest way to get P/Eye ones cancelled.