Success! - thanks to this forum

TreeofLife

1. PCN at Newport Pagnall Northbound Motorway Services 17/2/2022 operated by Parking Eye

2. I disputed the PCN on the basis that I was not aware of the parking restrictions, as they were not visible to me and I went to sleep in my car, following received wisdom for long journeys

3. I have been in dispute with Parking Eye for 12+ months

4.  Parking Eye instructed Direct Collections Bailiffs Ltd to harrass me into paying - they are NOT bailiffs and I consider their name and conduct fraudulent mis-representation

5. Today I read your sticky about contacting retailer, so I did

6.  Newport Pagnall Services informed me that they waived the charge on the 17/2/2022 as they observed that I was asleep in my car.

7. Parking Eye and Direct Collections Bailiffs Ltd have pursued me and harrassed me when they had no grounds to do so.

8. Success of sorts - moral is crime pays because most people are law abiding and don't need the hassle.

Cheers

Jenni_D

It ain't over until the fat lady sings ... have PE/DCBL confirmed that the PCN has been cancelled? (You could go to PE's website as if to pay it and see if the PCN has a £0.00 value, or is not recognised).

TreeofLife

The services have sent me their cancellation requested dated the 17/2/2022 and said that they will copy in PE, but thanks for that advice.


...or I could go along with PE taking me to Court and raise their fraud at the hearing....

Umkomaas

or I could go along with PE taking me to Court and raise their fraud at the hearing....

You'd need to be very careful raising an accusation of fraud in a court of law. If you can't prove it you leave yourself exposed to potentially massive costs being awarded against you. And PE know their way around the legal system and wouldn't take that lying down. If it does get to court, forget that line. Hopefully your letter of cancellation from the services will save you from yourself!

fisherjim

Pretty certain it would not get to court, Parking Eye do not use debt collectors if they are sure of a win in court.

TreeofLife

fisherjim said:

Pretty certain it would not get to court, Parking Eye do not use debt collectors if they are sure of a win in court.

Direct Collection Bailiffs Ltd are not bailiffs (misrepresentation) they haven't purchased the 'debt', their client is PE and by their own words they go after money and despite their vile threatening letters, do not take legal action - they specialise in harassment.

Coupon-mad

Correct.  No debt purchase. No bailiffs.

But both PE and DCBLegal do take court action and DCB Group also add a false £70 that the Government tried to ban last year, only the greedy rogue parking industry and their bullyboy debt chaser and roboclaim firms blocked and severely delayed it all and put the effect of the new statutory Code of Practice in jeopardy.

You'll be a very good person to respond with your own knowledge and opinion, to the upcoming final Public Consultation to reduce the extortionate charges and ban the fake 'fees'.

We need you - as a genuine PPC victim of aggression, sharp practice and an 'extortion' attempt to add £60 or £70 as a 'numbers game' to line the pockets of the roboclaim hangers-on - to respond robustly to the Public Consultation.

It will specifically be ONLY about the level of parking charges and the banning of the false added DRA 'fee' that too many honest motorists currently fall victim to.

It will need consumer input (powerful voices) but change is afoot. It's taken about 5 years to get to this stage:
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

And then the industry threw victims' money at it and blocked and delayed it - explained here:
https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

Please now Bookmark BOTH threads and set up email alerts on your posting profile, so that you get an email alert when we post there, as we will, once the Public Consultation opens.

TreeofLife

Coupon-mad - thanks for the info.  I am all-in on doing my bit.

Can I also say that reading the detailed and specific advice that is freely and generously given here is really quite remarkable.

TreeofLife

Umkomaas said:

or I could go along with PE taking me to Court and raise their fraud at the hearing....

You'd need to be very careful raising an accusation of fraud in a court of law. If you can't prove it you leave yourself exposed to potentially massive costs being awarded against you. And PE know their way around the legal system and wouldn't take that lying down. If it does get to court, forget that line. Hopefully your letter of cancellation from the services will save you from yourself!

Advice duly noted.

I do not have any evidence that PE were in fact notified by the landowner to drop the case, I only have the landowner's word and an email. 

I could do a Subject Access Request to both PE and landowner should I find myself facing legal action for the PCN, which may throw some light on what did or did not happen.

PE use intimidation and threats to get people to pay up, if my case is anything to go by.  They have lost in Court enough times, but the business model works for them.

TreeofLife

TreeofLife said:

fisherjim said:

Pretty certain it would not get to court, Parking Eye do not use debt collectors if they are sure of a win in court.

Direct Collection Bailiffs Ltd are not bailiffs (misrepresentation) they haven't purchased the 'debt', their client is PE and by their own words they go after money and despite their vile threatening letters, do not take legal action - they specialise in harassment.

I wrote to BCP about the use of the word 'Bailiffs' but BCP said that it was not in breach of it's Code.  As a notforprofit organisation, I'd have thought that the Charity Commission would have something to say about BCP's failure to curb sharp practices.

KeithP

Who are BCP?
Do you mean BPA - the British Parking Association?