Wye Valley Visitor Centre ParkingEye POPLA Appeal

drbayleaf

I've not got the photos yet but I've contacted @LittleBiker5a and hoping to hear back soon 🤞
https://forums.moneysavingexpert.com/discussion/comment/80240903/#Comment_80240903

"You haven't been appraised of the pre-action protocol (PAP) then?  Are you new, or not legally trained?"
^^ This sounds a bit cheeky is it not?

I find the PAP here: https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf and Section 6 makes interesting reading, thank you.

Coupon-mad

It's deliberately cheeky.  I've written far ruder ones...You have to be pushy when they are ignoring the PAP.

Do it!

Umkomaas

drbayleaf said:

I've not got the photos yet but I've contacted @LittleBiker5a and hoping to hear back soon 🤞
https://forums.moneysavingexpert.com/discussion/comment/80240903/#Comment_80240903

"You haven't been appraised of the pre-action protocol (PAP) then?  Are you new, or not legally trained?"
^^ This sounds a bit cheeky is it not?

I find the PAP here: https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf and Section 6 makes interesting reading, thank you.

'Love and kisses' doesn't work!

drbayleaf

Thanks @Umkomaas - yes, I guess I tried that with my first hand posted letter to them and it got nowhere.

I've written my response and added a few bits but kept all @Coupon-mad's brilliance and tried to keep it pithy and broken into easy sentences.

As they've given me 14 days I'm tempted to hold my reply as it's only day 2. But I guess I shouldn't push it to day 14 in case they're counting partial days as wholes.

drbayleaf

Odd response from PE.

I sent that email, tweaked slightly but re-iterating my evidence, all the bits about PAP, request for documents (if they don't want to cancel this unfair PCN), asked them to refer to someone with legal knowledge etc. I got this response which seems unrelated to my letter to them. Do they even read correspondence?

Dear Sir / Madam,

We write regarding the above referenced Parking Charge, which concerned a breach of

the parking terms and conditions on the 11 April 2023 at Wye Valley Visitor Centre, Ross-on-Wye.

Following receipt of your correspondence and your request for Alternative Dispute Resolution, you were provided with 28 days to lodge an appeal with POPLA. We have received confirmation from POPLA that your further appeal has now been considered and that POPLA has found in Parkingeye’s favour. We note that the full amount of the Parking Charge remains outstanding and that we have been unable to reach an agreement in respect of the same via the Reply Form or via Alternative Dispute Resolution. We now require full payment of the outstanding sum of £100.00 within the next 14 days or further action will be taken. Should court  proceedings be issued, further costs will be incurred. These will include, but are not limited to, the court claim issue fee and the solicitors costs referred to within the LBCCC.

Yours faithfully,

Parkingeye Team

"we have been unable to reach an agreement in respect of the same via the Reply Form or via Alternative Dispute Resolution" 

^^ is this them shutting down PAP?

drbayleaf

PS I drove from Cambridge to Ross-on-Wye to *calmly* talk to the owner face to face and ask him to cancel the PCN.

He flatly told me they will not even begin to consider it as it would "open the flood gates" and everyone would be asking them. He gave rubbish examples of his own experience with train ticket machines and told me everyone clearly knows the rules with ANPR. He seemed well trained my PE and exuded the self-importance of the landed gentry. 

Would it have been illegal to have recorded the conversation?? (asking for a friend!)

Before my chat I took photographs of the carpark, found the parking machines had been fixed (at last), and noticed how the signage is not really near the machines themselves.

Note I walked into the carpark - I was taking no risks this time.

(that numberplate (i.e. personal information) is obscured)

drbayleaf

Sorry to bombard you all. This is the entrance which, looking back at the BPO guidelines, doesn't make it very clear that I'm entering an ANPR carpark and that in driving past this sign I agree to sign into a parking contract.
 

Coupon-mad

drbayleaf said:

Odd response from PE.

I sent that email, tweaked slightly but re-iterating my evidence, all the bits about PAP, request for documents (if they don't want to cancel this unfair PCN), asked them to refer to someone with legal knowledge etc. I got this response which seems unrelated to my letter to them. Do they even read correspondence?

Dear Sir / Madam,

We write regarding the above referenced Parking Charge, which concerned a breach of

the parking terms and conditions on the 11 April 2023 at Wye Valley Visitor Centre, Ross-on-Wye.

Following receipt of your correspondence and your request for Alternative Dispute Resolution, you were provided with 28 days to lodge an appeal with POPLA. We have received confirmation from POPLA that your further appeal has now been considered and that POPLA has found in Parkingeye’s favour. We note that the full amount of the Parking Charge remains outstanding and that we have been unable to reach an agreement in respect of the same via the Reply Form or via Alternative Dispute Resolution. We now require full payment of the outstanding sum of £100.00 within the next 14 days or further action will be taken. Should court  proceedings be issued, further costs will be incurred. These will include, but are not limited to, the court claim issue fee and the solicitors costs referred to within the LBCCC.

Yours faithfully,

Parkingeye Team

"we have been unable to reach an agreement in respect of the same via the Reply Form or via Alternative Dispute Resolution" 

^^ is this them shutting down PAP?

Was that actually a reply on the same email thread?  I think it's an unrelated template if it wasn't in fact a reply.

drbayleaf

Yes, this was their reply to my letter which used your strong PAP wordings. It was not an email thread as they send from "no-reply@parkingeye.net".

But you're right it seems to make no mention again of anything that I wrote.

Coupon-mad

So it wasn't actually a reply, is what I meant.