Parking eye LBCC

Justanotherticket

Hi, first time posting here so no idea what information to provide so forgive me if I sound like a dumbass haha.

Okay so long story short, I parked in my gym car park (under parking eye) and normally put my number plate into the tablet to verify my parking. A certain amount of time later I received a letter from parking eye saying I didnt verify my number plate. 

I contacted the gym and they said "oh our parking terminal wasn't working on that day so just appeal it, itll be okay". 
So I appealed to parking eye and they denied the appeal saying:
"We have reviewed the details outlined in your appeal, but we are not in receipt of sufficient evidence to confirm that the terms and conditions were not breached. The signage located at the above car park instructs motorists to enter their full, correct vehicle registration into the payment machine or terminal on site. After reviewing our records, we are unable to locate any vehicle details that match your vehicle registration. We believe this is due to either a major keying error taking place, or no vehicle registration details being entered at all. We are writing to advise you that your recent appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure."

I then told the gym and they said "okay don't worry about it I've told them about the situation and will get it cancelled. I forgot all about it and then after a while I received the "letter before county court claim". 
I again went to the gym and manager said I've sent them an email and they have not got back to me but they are aware of the issue so don't worry about it.

I don't entirely trust the manager so I got him to send me an email so I have some sort of 'evidence', which is the following:

"Your parking ticket case has been re-reported to Parking eye from our side, and we will be sending you the confirmation once we hear back from Parking eye. I confirm that there was terminal issue on 28 Sep 2023 – so the ticket you received is not valid as Parking eye is aware about the same, you can just ignore any letters received from Parking eye."

I have 5 more days to reply to parking eye before the 30 days have elapsed (states in the letter I have 30 days to reply). Reading through posts on here it seems I should Definitely reply using the reply form. I need help formulating a reply.

Also on a side note, if I go to the parking eye website and input my ticket details, it comes up with my vehicle but it says the outstanding amount of £00.00

I have no idea if this means they have cancelled it but Id rather not take the chance. 

Any help is appreciated 

Many thanks

Kind Regards

JustAnotherTicket

Fruitcake

If you want more time, then send a hold instruction to PE telling then that whilst you deny the debt you are seeking debt advice and require the case to be put on hold for 30 days as per court pre-action protocol.

Don't use the reply forms. I'm sure the guide to court/template defence tells you this.

Do include a copy of the email from the gym manager with your hold instruction telling PE they have no chance of success, and their claim is vexatious because the landholder has instructed them to cancel the charge.

Le_Kirk

Go after the gym manager; they can get PE tickets cancelled. Point out that there are other gyms in the area that don't put their customers through this nonsense and will welcome your membership (and your money)!

Justanotherticket

@fruitcake: ah yes now that you mention it I do remember reading something about that. If I don’t use their reply form, how do I send it? Is it a different template that I fill out and send to their email? (Might be a dumbass question but I’m new to this). 

@Le_kirk: I know right! That’s why I wanted that email so I can throw them under the bus…not just metaphorically speaking :’)

Fruitcake

You send the 30 day hold instruction and the cease and desist warning to whoever sent the LBCC. Was it from the PE litigation or legal department or from a solicitor, possibly DCBLegal Ltd?

You also need to warn the gym manager/owner that if PE do take you to court, they will be called as a witness, so ask them to provide the contact details of whoever will be attending the court hearing, and the details of their legal department. That might focus their minds and persuade them to instruct PE to cancel.

Justanotherticket

This is the letter I was sent. It says PE Legal Department. 

There is an email at the bottom of the letter, do I email it to them?




In the reply form they give (not that I’ll be using it), they ask who I’m getting advice from etc. Do I have to include that information in the email?

Justanotherticket

Good idea about warning the gym about taking them as a witness to court. I need to get hold of the owner, the manager is clueless

Justanotherticket

(Removed by Forum Team)
Even if I tried to pay it, it says outstanding balance is 0… can I use this as evidence saying they haven’t given me a way to pay it? 

Coupon-mad

Justanotherticket said:

Even if I tried to pay it, it says outstanding balance is 0… can I use this as evidence saying they haven’t given me a way to pay it? 

It looks like it's been cancelled.   

But to be sure, send that screenshot and the email from the gym to ParkingEye using the email shown in the NEWBIES thread, to use for ParkingEye LBCCCs.

Ask them to confirm it is cancelled in the light of the gym's written evidence that the system wasn't working that day, and that £0 on their website means no sum is outstanding.

To help others similarly threatened, which gym was it where there was terminal issue on 28 Sep 2023?  This could be useful info for us to help more posters. 

Justanotherticket

The address is in that picture I sent.

So this is the email I will be sending. (Ive removed personal details)

......

Proposed Legal Proceedings

Parkingeye Ltd

I refer to your letter of claim.

The alleged debt is disputed and any court proceedings will be vigorously defended.

I attach a copy of an email from the landowner (Golds Gym) stating that they have contacted you to cancel the ticket as the parking terminal was faulty, they have since received no reply from you. I also attached a screenshot of your website stating no outstanding balance is due. 

Can you confirm this PCN is cancelled in light of the gym's written evidence that the system wasn't working that day?

If not, I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this net or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully


....



I will be sending it in an hour or so

Coupon-mad

Ah, I see it's the gym at the Continental Hotel, Hounslow.  Thanks!

Remove this whole end section,  as they haven't added £70:

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this net or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?