Parking Eye Parking Ticket

Tryingtodoright

Hello, 
I received a Parking Charge Notice from Parking Eye and have read the Newbies thread as well as several others but, unfortunately, I only read them after my Parking Eye and Popla appeals which were both rejected.

We have received a letter before county Court and there's about 10days left for us to reply to it - reading the Newbies thread I'll be contacting Parking Eye to ask for all the proof they have against us, I'll be double checking the signage photos they sent to Popla against what I can see on Google street view (they don't seem the same) and I'm also trying to find the landowner but at the moment have had no success (and we didn't go to a retailer, hospital, etc. The car park is sort of standalone although it is opposite a hotel and restaurant but we didn't attend these). 

I'd love any other advice you may have and would appreciate if you could tell me if you think we can win at court given the below summary of what happened or whether it's worth just paying the £100.

Thank you! 

Here is a summary of what happened: 

We were on holiday in Clacton-on-Sea and parked at Colne Road Car Park (I'm not saying who was driving, just that we were in the car). The car park has tiny bays so by the time we parked, got out of the car (I was pregnant!), did a couple of other things then walked to the car park sign showing how to pay 11mins had passed.
We had to call to pay and it so happened we had to change all of our info so the call took 14mins! I have proof of this in my call logs which I sent to Popla.

We did not receive a reminder our booking was coming to an end so by the time we realised we'd slightly overstayed. I called right away to make a payment and overpaid so as to hopefully make up for overstaying (we left before the 2nd booking had ended). 

In total we stayed for about 2h30 but only paid for 2h (due to the 25mins at the start to actually make a payment and then I guess 5mins extra). 

We told both PE and Popla we'd be more than willing to pay for the extra 30mins (so even ignoring the 20mins grace periods) but that we thought £100 was unfair given the circumstances and that we tried in good faith to pay. 

Coupon-mad

Sounds worth defending.

Email the PE litigation team and repeat your story (they are not the appeals team, hence start again with ALL the facts):

enforcement@parkingeye.co.uk

Do you mean you did top up a second parking session so in fact there is no shortfall and you paid more than enough before driving out?  If so, then there is no legitimate interest in them pursuing the case.  No loss of a fee, just an attempt to punish you for their app taking so long to download for the first time and then failing to send you an alert in the usual way to top up sooner.  But you did anyway and no PCN should have been issued for 'paying later than we wanted you to'.  Also tell them if you were heavily pregnant and it slowed you down in getting to the signs/machine.

Tryingtodoright

Thank you! 

I'll try emailing them I did mention I was pregnant in the appeals as that did in fact slow us down - took a good few mins for the driver to repark the car a few times so I could get out in the first place as the bays were so tiny! 

So yes, we did top up to what we thought at the time would cover the shortfall but unfortunately there's still a 30mins shortfall. If we start looking at grace periods at the start and end then there'd more likely just be a 10mins shortfall... 

Tryingtodoright

@Coupon-mad, PE have replied to my email saying they're not prepared to accept my offer to pay the 30mins outstanding amount as it is significantly less than the £100 outstanding balance.
So we're back to we pay £100 within 14 days or go to court...
I'm scared the judge would side with them because of the 'contract' and we'd have to pay additional fees on top but equally I just find it so unfair to have to pay £100 for 10-30mins...

Coupon-mad

Up to you if you want to carry on or maybe offer £60 (the discount PCN sum) which they may accept.

Court fees added are £35 filing fee and PE add the max allowed legal fees of £50.  So you could let that happen then agree to Mediation and see where that gets you (unusual for us to say to agree to court mediation but up to you).

I would try another offer now to keep it out of court and if there is any vulnerability in the household, say so and that you are doing your best to keep it out of court and hope they appreciate that you were, after all, s paying driver who topped up as well, so clearly not someone who didn't pay at all. Those people would also be pursued for £100 so there appears to be a lack of consideration for your mitigating circumstances snd two payments snd you ask them to review it, please.

Tryingtodoright

Thanks @Coupon-mad, I did as you suggested above and they've replied again that it's £100 or court. I even mentioned I was on maternity leave with 2 young children and just couldn't afford that much. So it sounds like they just really won't look at mitigating circumstances or making exceptions... I'm also losing hope we'll win this if it goes to court. I'm tired of this now but just find it so unfair. 

Coupon-mad

Tryingtodoright said:

Thanks @Coupon-mad, I did as you suggested above and they've replied again that it's £100 or court. I even mentioned I was on maternity leave with 2 young children and just couldn't afford that much. So it sounds like they just really won't look at mitigating circumstances or making exceptions... I'm also losing hope we'll win this if it goes to court. I'm tired of this now but just find it so unfair. 

Did you sit tight or did the landowner cancel it when you told them of your plight?

Tryingtodoright

@Coupon-mad, sorry didn't see your reply. I couldn't find the landowner anywhere... In the end I just sat tight and haven't heard from them since. Keep hoping it's gone away 🤞🏼

Umkomaas

Tryingtodoright said:

@Coupon-mad, sorry didn't see your reply. I couldn't find the landowner anywhere... In the end I just sat tight and haven't heard from them since. Keep hoping it's gone away 🤞🏼

If you log into the PE website, going as if to pay (obviously don't!), you can check on the current status of the parking charge. No need to be in the dark 'hoping it's gone away'. Check now, then you'll know where you're at. 

Tryingtodoright

Thank you @Umkomaas, I'd no idea. In the end I don't need to, I just received a 'debt recovery' letter from DCBL on behalf of Parking Eye in the post today (£170). I'm now reading all the Newbie advise about these. They specify the case is not subject to bailiff action and the next opportunity to dispute would be 'if' the matter is taken to court. 

KeithP

Usually PE handle court cases without using outside solicitors.

As they seem to have farmed this out to DCB - is that DCB Limited or DCB Legal? - it appears that PE have virtually given up on this one and are letting DCB see if they can get any money from you.

The fourth post of the NEWBIES thread explains exactly how to deal with debt collectors letters.