ParkingEye Overstay

htomi2

Hi all,

I'm a keeper of a vehicle which number plate was recorded by ParkingEye's ANPR overstaying 17mins in one of it's car parks. This car park is at King’s Court, Cambridge (CB4 2PF) on a private land. I have receipts for two (Screwfix and Toolstation) retail units for the time/date given (end of Jan) and I have tried both retailers to cancel the fine and both of them said that they cannot. I think they might just be renting the units from a 3rd party landlord and not in direct contract with PE.
I had a busy few months and ignored these letter (while chasing up Screwfix and Toolstation) and now I have received a "Letter before county court claim". I'm planning to start the appeal process using one of the templates but want to make sure I'm not messing it up before I even start the process.
Here is the letter I'm planning to submit:

******

Dear Sir
On the 28th of January the driver of the vehicle (VRN) have visited multiple business units located at King’s Court, Cambridge: later you made a claim for overstaying in that car park.
I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I have already made complaints about your predatory conduct to your client landowner.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle. I also require a copy of ParkingEye’s contract with the client landowner which must include the actual grace period agreed by the landowner.
Name of registered keeper:
My postal address
THE DRIVER IS NOT IDENTIFIED.
Unfortunately at my current address there was an issue with Royal mail delivery: although this has been raised with the CEO of RM and with my local MP it is possible that you might have sent me  - as the keeper of the vehicle - information which I haven’t received.
In order to resolve the dispute I attach copies of receipts from multiple business units, in line with the time and date referred in your note.
Scanned copy of receipts: *******

Would this be the right approach? Apparently I still have 3-4 days to contact them but I'm unsure where that would leave me in the process.

Appreciate any comments/guidance and can upload the letters sent to me for review.

Thanks

Fruitcake

Send a holding instruction along with your response above to the LBC. State that whilst you deny the debt, you are seeking debt advice and require the case to be put on hold for 30 days in accordance with pre-action protocol.
Send an SAR as per the NEWBIES to the DPO of ParkingEye to flush out all previous correspondence, including the NTK. You will then be able to see if the NTK was or was not capable of holding the keeper liable.

Get pics of the site and signage.
Find the landowner and complain to them.
Complain to your MP.

Coupon-mad

I think just tell them you want a POPLA code because you dispute the charge and were a genuine patron (attach receipts if you spent over £30, and PE might cancel).

enforcement@parkingeye.co.uk

The NEWBIES thread does say, treat a PE LBCCC as a last ditch appeal.  They are different.  Email an appeal and ask for POPLA if they won't cancel.

htomi2

Great news everyone!
PE cancelled the "fine" after I the letter sent about two weeks ago: I suspect because of how the letter was written (thanks for all) and the attached receipts made their case very weak. They have not provided any of the documentations I requested but I'm happy to not worry about them anymore.
I have made a mental note of what their signs looks like (standard 10f high post with 4pt T&C) so I can avoid them better in the future.
Thanks for all your comments and suggestions

Coupon-mad

Very good news!  The receipts did it!