POPLA denied appeal

Khaggis

Hi guys, I'm back again with more questions (sorry). As any of you following this know, I last contacted parking eye in December asking for 30 days to sort out debt advice as was suggested from you all. It's been a while since then but I received a letter in the post the other week (I've been out the country again) stating that they write in regard to referenced charge, they note it's still unpaid and no agreement made in respect of Rey form. They require the 100 I owe and have 14 days or they will take legal action and if proceedings are issued will incur further costs. 

As I stated I've been out the country again and tomorrow Is the 14th day.
From here out, do I ignore them? Do I reply, and if so should I again just reiterate that i accept no responsibility. Or should I say if it is to go to court, because I believe this is unreasonable, i will be looking to recover costs my own end not limited to, lost hours from work, time claimed for legal advice and anything else that is reasonable etc.

Sorry to bother you all with this again, but this has been dragging on for a year now and I want to handle this as best as I can as I know parking eye are na awkward one. 

Many thanks in advance.

Coupon-mad

If you already had a LBCCC then they can issue a court claim now.

Did you already exhaust landowner complaint to get it cancelled?

Khaggis

I tried that, they said they don't deal with it and gave me a friend's contact who supposedly deals with it for them, j contacted him, he claimed he could lower it from 100 to the first request of 60 but couldn't cancel it. I told him I didn't feel I should pay anything did to the fact I'm technically within the guidelines set by the ruling body and I've not heard back from him since. What would you suggest my next move is now, mate?

Coupon-mad

I'm a lady, not a mate - but no worries!

You know what to do with a court claim as it is fully covered in the NEWBIES FAQS thread, second post, all about court claims and defence.

Khaggis

My apologies. I hope I didn't cause offense.

Yeah I did read that, the information is vast but is more if tuned towards if/when they put in a court claim which currently is not the case. The only other bit is about complaining to the land owner which I did with little luck.
But my impression from that is to just play the waiting game now until they send me the actual court notice and not reply to them. Would that be right?
Sorry about this and thank you so much!

patient_dream

Khaggis said:

I tried that, they said they don't deal with it and gave me a friend's contact who supposedly deals with it for them, j contacted him, he claimed he could lower it from 100 to the first request of 60 but couldn't cancel it. I told him I didn't feel I should pay anything did to the fact I'm technically within the guidelines set by the ruling body and I've not heard back from him since. What would you suggest my next move is now, mate?

That sounds like a scam riding on the back of the main scam.

Only three people can get rid of this
** The landowner
** The PPC
** A Judge

As the landowner is not interested then this so called "friend" can only be the PPC

Don't be sucked in, Judges nowadays are spanking more and more of these low life

Coupon-mad

As it's ParkingEye and you've already gone through POPLA and replied to their December LBCCC, I think it is a waiting game.  Remind us what your defence to breach is, what happened?  This is a long thread and we tend not to have time to read back.

Khaggis

Coupon-mad said:

As it's ParkingEye and you've already gone through POPLA and replied to their December LBCCC, I think it is a waiting game.  Remind us what your defence to breach is, what happened?  This is a long thread and we tend not to have time to read back.

No problem.
To try and cut a long story short, my friend paid for my parking when we entered the car park and entered my reg for me. problem was my Reg has an "O" and he put "0".
I then get a PCN from parking eye stating I stayed 1h11m. and went from my time of entry to time of exit.

I contacted them with a photo of proof that I had paid. They replied saying I still overstayed and that the amount was still due. 

Looking at BPA guidelines a minimum amount of 10 minutes overstay is allowed before a PCN can be issued. if we go by when I the ticket with the time on to when I exited the car park, I overstayed by 8 minutes. They are still trying to go by when I entered the car park, which would equate to an 11 minute overstay.

BPA guidelines did used to state a 5 minute allowance to enter park and purchase a ticket but that seems to have vanished. Even still, my argument is that I need to be allowed reasonable time to find a parking, park and then purchase a ticket, and if there was no error with the Reg in the first place, they would not have been able to issue me a PCN without breaking BPA guidelines.
 I might be wrong here but its of my understanding that you don't technically enter a contract with them until you park up the vehicle, otherwise they could charge anyone that enters and leaves immediately without parking. With that in mind, I believe its unreasonable to claim that I overstayed past the threshold by starting the timer from the second I entered without giving me time to park and pay etc.

Trainerman

Wasn't there a case where the Judge ruled the contract started from when the machine accepted the money ? This would resolve the claim against the OP I think. I will go and see if I can find that case. Regulars may well know it off by heart !

Umkomaas

Trainerman said:

Wasn't there a case where the Judge ruled the contract started from when the machine accepted the money ? This would resolve the claim against the OP I think. I will go and see if I can find that case. Regulars may well know it off by heart !

NCP GREEN BUTTON APPEAL CASE

https://www.bailii.org/ew/cases/EWCA/Civ/2019/854.html