Parking Eye PCN @ MK Marina - Current Stage: LBCCC Received

Coupon-mad

Forget POPLA.  

And a term hidden in small print isn't binding (Consumer Rights Act) but I would leave that point out then.  Make your complaint to ParkingEye more concise.  Maybe tell them you will sue MK Marina if ParkingEye sue you. They won't like that as it damages their relationship.

MK Marina could settle this if you push them and threaten to sue.  They caused it.  They could likely pay off PEye for £30 to cover the wasted POPLA fee (do you see now why POPLA should never have been tried? It makes landowner cancellation much harder).

Wadger2024

Thanks again Coupon-mad, your knowledge on these issues is beyond impressive haha.. 
I have a prepared a response to Parkingeye as below, please feel free to give me some honest feedback

To Whom it May Concern,

 

Thank you for your recent communication.

 

To save both of our time, unnecessary costs and your extortionate inflation of said costs, I request that the use of a debt collection agency be bypassed, or other recovery methods you would employ, prior to court proceedings.

Please accept this response as a formal advice, that I will not be paying any debt collection agency or accepting communication from any other business, unless it is to proceed with court action. As such, additional recovery costs claimed, will be limited to court costs at a maximum.

 

As per my appeal, this entire issue has been caused by MK Marina. The contract was not able to be upheld by myself despite my best efforts, due to refusal and delays from MK Marina staff.

Should court proceedings be issued to myself, I intend to proceed with court action against MK Marina.

 

As highlighted multiple times, I tried my best to uphold the contract and have been issued this charge at no fault of my own. As such, I will defend all court proceedings vigorously and proceed with additional court action as necessary.

 

To confirm and summarise, I will not be bullied/scared into submitting a payment to Parkingeye, following an impossible contract to follow at the fault of the landowner, floored appeals process from POPLA or any form of debt recovery action or scare tactics employed by Parkingeye. Please proceed directly with court action, as deemed necessary.

 

Kind Regards

Coupon-mad

Dear Sirs

Yours faithfully


Salutations as above.  Not 'kind regards'.


And I'd just stop at MK Marina & remove:

"As highlighted multiple times, I tried my best to uphold the contract and have been issued this charge at no fault of my own. As such, I will defend all court proceedings vigorously and proceed with additional court action as necessary.

 

To confirm and summarise, I will not be bullied/scared into submitting a payment to Parkingeye, following an impossible contract to follow at the fault of the landowner, floored appeals process from POPLA or any form of debt recovery action or scare tactics employed by Parkingeye. Please proceed directly with court action, as deemed necessary."

Le_Kirk

Wadger2024 said:

To Whom it May Concern, Dear Sir/Madam

 To confirm and summarise, I will not be bullied/scared into submitting a payment to Parkingeye, following an impossible contract to follow at the fault of the landowner, floored flawed appeals process from POPLA or any form of debt recovery action or scare tactics employed by Parkingeye. Please proceed directly with court action, as deemed necessary.

yours faithfully

Suggestion for spelling error above and corrected salutations 

Wadger2024

Hi guys, 

I have finally received my LBCCC from parking eye. 

I am however a little confused on how to reply to this.
The newbie thread states to treat it like a final attempt at appealing, so should I structure it as such? 
Of course adding the fact that I am seeking legal advice, to get an additional 30 days.

I've been a bit direct with parking eye, so just looking for clarification on structure and tone of this message.
I expect it will progress to County Court at this point regardless... 

Thanks as always for the support. 

LDast

You can't get an extra 30 days for "legal" advice. You can request 30 days from the date you send it for "debt" advice. However, why would you want to prolong this saga? You already stated much earlier in the thread than you wanted to write to PE and tell them to skip the DRA process and proceed directly to court.

The 30 days for debt advice extension is only from the date you send that. I you send that 5 days after receiving the LoC, you are only extending the original 30 days by 5 days. It is not an "extra" 30 days. Anyway, the only reason we used to recommend that was because it would help get the results of an SAR. Nowadays, we don't recommend sending an SAR, if at all, until after a claim has been filed.

You also raised something about how you were screwed regarding the extra add-on amounts to the original PCN charge. You should have a read of PoFA 4(5) and understand that whether you have admitted to being the driver or not, as long as you are the keeper of the vehicle, they cannot claim more than the amount in the original NtK/PCN no matter how they word it. Unfortunately, I don't think that argument has been pushed hard enough in the past, either as a preliminary matter or at an actual hearing.

Any claim for more than the amount on the original PCN/NtK(H) should highlight in the defence the claimant’s contravention of Schedule 4, Paragraph 4(5) of PoFA and thereby CPR 1.1, CPR 3.4(2)(a) and (b) and CPR 27.14 and should either be struck out and to award costs to the defendant for having to defend against an improper claim.

Which bit of PoFA 4(5) below isn't clear?

Right to claim unpaid parking charges from keeper of vehicle

4. The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(5). The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9(2)(d).

9(2)(d). The notice must specify the total amount of those parking charges that are unpaid, as at a time which is specified in the notice.

I don't see how that can be any clearer. Even the explanatory notes to PoFA make this clear:

Note 221: The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

Wadger2024

Hi LDast, 

Thank you for the detailed response, really is appreciated. 

Reference the time extension, it really doesn't mean much other than to make difficult and prolong for parkingeye. 

The DRA request was in attempt to stop them adding that cost on to any court claim.. My thinking is how can they add that cost when I explicitly told them I won't pay a DRA and they will have to proceed with court.. 

Reference PoFA, that is excellent, I will definitely be adding this to my defence. 

So right now, you recommend I just await the formal claim to be issued? 
Regardless if i gain the extra time, it's not worth doing anything at this point until I got the formal claim notice? 

Thanks again for the support! 

Coupon-mad

Yes.  Bring it on!

  

Fruitcake

How are you getting on with your complaint to the landowner? Their website says it is a family run business offering a friendly and professional service, and advertises a number of facilities including a laundry.

Milton Keynes Marina (mkmarina.co.uk)

Issuing £100 charges for genuine users of onsite facilities is not what I would call friendly.

Wadger2024

Thanks for the support! 

I have contacted the land owner via email and followed up, no response to either. 
Was thinking about trying to rattle them by sending my own LBCCC to them haha. 

Thanks again all 👍