Void Receipt, Wye Valley Visitor Centre, PCN Parking Eye

Doomswell

I did try @Coupon-mad 's advice and didn't hear anything from Parking Eye until today when I received a letter before county court claim in the post. 
Apologies to @Ddraig11 for not replying to your post,  I did not get a notification. 


Thanks. 

KeithP

React to that as described in the first few lines of the second post of the NEWBIES thread.

Coupon-mad

But change the wording a bit, in the recommended LBC response, so it doesn't say "your client" because you are emailing ParkingEye themselves. Also change the question about VAT and instead ask how they think they can get away with randomly adding £25 when that isn't on the signs and isn't a cost they have incurred.

The litigation team email address for ParkingEye is given in the 2nd post of the NEWBIES thread too.

Doomswell

I have replied to the Letter Before Claim, I have disputed the debt, asked for a further 30 days for debt advice, and re-stated my case, namely; 

I am the registered keeper of the vehicle.  I am not obliged to identify the driver and I decline to do so.  I will swear under oath in court that I was not the driver and I will produce evidence to show that I was not the driver.  You have failed to strictly comply with the Protection of Freedoms Act (POFA) 2012 clause 9(1)(e)(i) and therefore cannot pursue me for an alleged breach of contract.

Non-receipts looking like receipts or tickets are a known issue, hence the 2022 Private Parking Code of Practice stating; "6.2.2. It is good practice to ensure the design of a “payment failed” slip is not liable to be mistaken for a parking tariff receipt."  It would indeed be good practice to comply with the Consumer Protection From Unfair Trading Regulations 2008 and the Consumer Rights Act 2015.

So I expect to hear from Parking Eye after Christmas...

Doomswell

Letter from Parking Eye:

Dear Sir / Madam, We write further to your recent correspondence concerning the above referenced Parking Charge. We recently sent you a Letter Before Claim which informed you that this Parking Charge remains outstanding and had now been processed for further action. We note from your reply to our Letter Before Claim that you dispute the outstanding sum. After reviewing your correspondence, it is our position that the Parking Charge remains open. As a Letter Before Claim has now been issued, we are unable to consider any further correspondence. We note that an appeal has previously been submitted which was rejected and you were provided with the details of the independent appeals service (POPLA) if you did not agree with our decision. No further appeals were lodged with POPLA and we are unable to consider any further appeals points at this stage. The balance of £125.00 remains outstanding and full payment is required within the next 14 days to prevent further action. We are prepared to take legal action if necessary and 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 Letter Before Claim.

So much for Alternative Dispute Resolution (ADR) !
This appears to be a threatening letter telling me to pay up and also they won't reply to any correspondence.
How do I then conduct the ADR?

Gr1pr

Too late for any ADR, and as its currently an unregulated industry there is little that you can do until a court claim arrives, after a Letter of Claim. ( LBC. )

The above is NOT an LoC, an LoC gives you 30 days, not 14 days , but if that was the previous letter then they have extended the deadline, before a possible court claim 

Court is the ultimate resolution 

Coupon-mad

You want the court claim. Bring it on.

Stibule

Hi there.  Very interested in this thread as my daughter has just been landed with a county court claim for doing this exact same thing at this car park.  She is working on her defence at this very moment.  Should she concede that she owes the original £3 charge or should she dispute the whole claim?  She is defending on the basis that she was reasonable to assume that the ticket was a payment receipt rather than a void confirmation.  Also I cannot find any of the standard defence forms mentioned above.  I don’t seem to have a newbies button or similar on my screen.  

Coupon-mad

Stibule said:

Hi there.  Very interested in this thread as my daughter has just been landed with a county court claim for doing this exact same thing at this car park.  She is working on her defence at this very moment.  Should she concede that she owes the original £3 charge or should she dispute the whole claim?   

Absolutely NO admission. Defend in full.

Also I cannot find any of the standard defence forms mentioned above.  I don’t seem to have a newbies button or similar on my screen.

Everyone can see it. See my signature for how to navigate the forum.

  

Doomswell

Hi Everyone, 
It's been so long since I heard from Parking Eye that I thought they had abandoned me after the recent bad publicity for parking companies. 
However I have just received a letter from the courts service saying that I am being taken to court by Parking Eye for £210.
I will be defending the claim.
Do I admit I owe the original parking charge that my driver thought had paid,  or simply admit nothing? The second option I presume? 
Thanks for the support from everyone out there.