Success! - thanks to this forum

Umkomaas

TreeofLife said:

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.

You can visit the PE website at any time, log in with your PCN reference, where you can view the current status of your parking charge. Just keep an eye on that.

Unlike most other PPCs, PE do normally confirm a cancellation in writing - usually 7/10 days.  But the website will be updated much earlier. 

1505grandad

".........but the business model works for them."

It certainly does:-

https://www.racfoundation.org/media-centre/private-parking-on-course-to-be-billion-pound-industry

"Some 181 parking management businesses have so far requested vehicle keeper records from the DVLA in 2022-23, paying £2.50 a time.

ParkingEye was the most active, buying 1.1 million records.

"Steve Gooding, director of the RAC Foundation, said:

“If only the rest of the economy was booming like the private parking sector, perhaps we’d all be feeling more prosperous.

“Private parking looks set to be a billion pound-a-year business, if it isn’t already, with demands for up to £100 a time being sent out to drivers at the rate of more than one every three seconds."

fisherjim

TreeofLife said:

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.

If you mean the BPA they are certainly not a charity they are simply a not for profit membership association so how would the Charity Commission be involved?

patient_dream

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

We all like to think that and sadly for PE they have dropped into the sewers to meet all their new found friends in the scam industry

An industry that hoodwinked the government of the day and trying so hard to hoodwink our current government with fakes, uncouth debt collectors, dodgy ANPR, dodgy pay machines, non-professional appeals service, arrogance and ignorance

And all because the BPA failed to control this extortion of money and indeed invented their own scam called the OSNER SCAM.

As you know the well overdue code of practice which was approved by Rishi Sunak before he was PM should be in operation by now but this scam industry placed in on hold with a JR

Rishi does not like ULEZ but that is chicken feed compared to the nationwide scam from the provate parking industry

Does Rishi know that the BPA are contacting MP's to promote the biggest scam the UK has ever seen ?
We will soon see which MP's are gullible to listen to propaganda

Is this what the PM wants ????

TreeofLife

KeithP said:

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

Yes, my mistake.

MothballsWallet

fisherjim said:

TreeofLife said:

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.

If you mean the BPA they are certainly not a charity they are simply a not for profit membership association so how would the Charity Commission be involved?

Although I would not be surprised if the BPA had registered as a charity - after all, there are some juicy tax breaks for charities, and 168,940 charities are shown on the Charity Commission for England and Wales website.

TreeofLife

Here is an extract of my Subject Access Request, I have tried to cover all bases...

Dear Parkingeye,

Please supply the personal data you hold about me, which I am entitled to receive under data protection law, held in:

a.       my personal file/account;

b.       all forms of communication between Parking Eye and myself

c.       all forms of communication between Parking Eye and Direct Collections Bailiff Ltd

d.       all forms of communication between Parking Eye and the landowner

e.       all forms of communication between Parking Eye’s employees

f.        all forms of communication between Parking Eye and any third party

g.       financial statements

If you need any more information, please let me know as soon as possible.

Please supply this information to the above address.

It may be helpful for you to know that data protection law requires you to respond to a request for personal data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your data protection officer or relevant staff member.

If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk, or it can be contacted on 0303 123 1113.

Yours faithfully

TreeofLife

MothballsWallet said:

fisherjim said:

TreeofLife said:

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.

If you mean the BPA they are certainly not a charity they are simply a not for profit membership association so how would the Charity Commission be involved?

Although I would not be surprised if the BPA had registered as a charity - after all, there are some juicy tax breaks for charities, and 168,940 charities are shown on the Charity Commission for England and Wales website.

I looked them up on Companies House, here is their entry:

Registered office address

Chelsea House, 8 -14 The Broadway, Haywards Heath, West Sussex, England, RH16 3AP

Company status

Active

Company type

Private company limited by guarantee without share capital

Incorporated on

15 May 1970

Accounts

Next accounts made up to 31 March 2023
due by 31 December 2023

Last accounts made up to 31 March 2022

Confirmation statement

Next statement date 4 April 2024
due by 18 April 2024

Last statement dated 4 April 2023

Nature of business (SIC)

• 74909 - Other professional, scientific and technical activities not elsewhere classified
• 94120 - Activities of professional membership organisations

Le_Kirk

TreeofLife said:

Here is an extract of my Subject Access Request, I have tried to cover all bases...

Dear Parkingeye,

Please supply the personal data you hold about me, which I am entitled to receive under data protection law, held in:

a.       my ............

g.       financial statements

If you need any more information, please let me know as soon as possible.

Financial statement about what/who?  I wouldn't put this - don't give them any excuse to slow down the process.

TreeofLife

P.S.  I have requested that PE provide me with my personal data because I want to know when they determined that I did not owe them anything.  I have been pursued and harassed by PE and DCB for over 1 year when the landowner reports on the day of the contravention that there would be no action.  I simply think that I am owed a reasonable explanation before anyone suggests that I am being vexatious and just perhaps seeking accountability may help the next person.