ParkingEye/DCB ltd/Asda - have I taken the wrong approach?

10gallonhat

Similar story...

Received a Parking Charge Notice (15-7-21) after a driver of my car (not me) parked in Asda when the store wasn't open.

Ignored 2 letters from ParkingEye, now on 2nd letter from Direct Collection Bailiffs. I've ignored all of them. Having read numerous threads and posts on the Newbies stickie I'm not sure what the best route forward is, especially as PE seem to be rather 'special'.

Person who parked the car did see that 3 hours max was in place, and was in car park for less than this time. Wasn't aware/didn't see that despite the car park being open they weren't allowed to park. I've not yet visited the site to see how visible the signs are. Was kinda hoping ignoring the letters would be enough (this was the advice from mates, but it looks like this is old advice, certainly within this forum). Now I'm getting a bit worried.

As I've not appealed or done anything other than ignore letters am I too far down the road to avoid being taken to court and getting a CCJ? I've seen a few comments about PE initiating 10s of thousands of court proceedings.

If/when I get a LBCCC will it be obvious? The latest letter from Direct Collection Bailiffs Ltd is titled "Final Reminder - Unpaid Parking Charge of £140.00"

Interestingly an almost identical scenario resulted in the CEO of Asda writing off a fine at the same supermarket in similar circumstances, although in this case the chap went down the appeals route. I've not.

I'm not allowed to post links yet so type theargus(dot)co(dot)uk(slash)news(slash)19529868.parkingeye-cancels-asda-marina-ticket-goodwill-gesture into your browser if interested


Many thanks

Redx

Ignore was foolish , it has been foolish for 9 years , since POFA 2012 was enacted

plan A was the best option , complaining to Asda as keeper

Plan B should have been tried , an appeal to PE as shown in the newbies FAQ sticky thread near the top of the forum in announcements

The biggest question here that you have not answered , is was the NTK PCN compliant with POFA ? Yes or no ?

If yes , you are liable as registered keeper , unless you name the driver , before any court claim is issued by the CCBC in Northampton

PE definitely sue people , Google Barry Beavis , back in 2015 , 6 years ago ! They have 6 years to issue a court claim

Your mates are idiots with advice that they gave you ,will they pay the total ?  I doubt it , they will slink away and hide !  Lol. 🤔🤔

An LBC gives 30 days notice and includes financial forms , anything else is a debt collector letter

A court claim pack is sent by post from the CCBC in Northampton , using MCOL ( Google it )

Debt collectors are powerless , Parking Eye are the ones to worry about here , so you could chuck the driver under the bus , to extricate yourself ( just a thought )

10gallonhat

Hmm, yes, sounds like the advice from mates who say they've ignored many such notices (not sure if they were PE ones) wasn't the best. Not sure I'd class them as idiots, just not as well informed and educated as folks in this forum.

Original letter(s) from PE mention Freedom of Freedoms Act and that if I don't tell then who was driving within 29 days then they'll come after me (initial letter was addressed to me personally).

If I now identify the driver will the whole process start again, and the fine reduce back to the amount first requested?

Thanks again for your help

10gallonhat

*Protection of Freedoms Act

Redx

It's not a fine , it's an unpaid invoice

If you name the driver , name and address , to Parking Eye , citing the POFA law , they should pursue the driver and not sue you in court ( but they may sue the driver !! )

That NTK gave the same opportunity back when it was issued

An idiot is somebody who comments on a topic that they know nothing about ! It's certainly one definition of an idiot , it's my definition of an idiot , in this context

The idea being that if you do not know about a topic , don't advise people about that topic , a fool is the person who listens and believes the idiot and fails to get proper advice from experts etc

You are no longer that fool because you have sought expert advice , but those mates remain idiots because they know no better ! Lol. 👍👍

It's now your choice to make , after getting all the facts from experts on a parking charge forum

Beavis lost in 3 courts to Parking Eye , do not repeat his case

10gallonhat

Hmm, knowing what I do now about PE I think I may pay it. Not sure I can take on the stress/work needed to fight what now looks like will be needed.

Does anyone know if I do inform PE of the driver's and address they will re-issue the invoice at the original (lower) amount?

If it's just a case of changing the name on some paperwork and the same amount being paid I won't bother (we have a joint bank account so it makes no odds)

Thanks again

KeithP

www.theargus.co.uk/news/19529868.parkingeye-cancels-asda-marina-ticket-goodwill-gesture

There are several people on this forum that 'delight' in fighting Brighton tickets.

Suggest you hold off paying anything at least until you have seen further comments.

KeithP

From that entrance sign in the Argus article...

...can anyone else see the Sunday opening hours?

Coupon-mad

Ok that's my (sort of) area and there are a lack of signs under the section behind the cinema with a roof, and ParkingEye's aerial map misses that area out in POPLA evidence.

It is also unclear that you now can't park after Asda closing hours (you used to be able to).

I would give the name and address of the driver and tell DCB Ltd that the debt is disputed due to lack of signs and the driver's name and address is xxxxxxx.  So they must now return the case as 'disputed' to ParkingEye, as per CSA and FCA debt recovery rules about disputed debt.

Finish by saying that you expect to hear no more and if their client believes the terms were clear they should now send a PCN to the driver.

Don't pay!

If ParkingEye were going to sue they would have done themselves and not sent it to DCB Ltd to send bully boy letters and add a false £60.

If the driver then gets a PCN they simply appeal online stating there were no signs where they parked which they believe was under the covered area to the left of the entrance roadway, which is an area that appears to serve the cinema and had no signs at the material time.

They repeat that at POPLA stage, plus the usual stuff from post #3 of the NEWBIES thread, and probably win on lack of evidence of signs under the undercroft section.

Redx

Go with the valuable advice by coupon mad , above , to the letter !!  👍👍👍👍

Le_Kirk

Sunday opening hours are quarter past leaf until half past bush!