Parkingeye Costa

Mampi

Hello there. I have been reading advice and thread on this forum regarding my £100 parking charge notice but feel like I'm going a bit in circles with which steps I should next take with how things change and certain situations.

Basically, the driver of the vehicle I own parked in a Costa car park at night for 14 minutes when it was closed then I received their £100 letter within 14 days.

I replied using this template;


"Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner."


Today I received this response

"We are writing to advise you that your recent appeal has been referred for further information.

You have stated that you were not the driver of the vehicle at the date and time of the breach of the terms and conditions of the car park, but you have not indicated who was.

You have already been notified that under section 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the driver’s name or current postal address, if you were not the driver at the time, you should tell us the full name and the current postal address of the driver.

You are warned that if, after 29 days from the Date of Issue, the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you, the registered keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under schedule 4 of that Act.

Please note, if you have made or wish to make an appeal on behalf of the driver, and you do not provide the full name and current postal address of the driver, Parkingeye will be obliged to deal with the representations made in your name.

Parkingeye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided"

My understanding is I would now wait 28 days for the POPLA code to dispute through their website.

There is some signage at the car park but at night it isn't clearly and obviously visible. The driver was unable to get a coffee due to the store being closed so has no receipt for purchase.

What I do see on these forums are success cases. I'm not sure if there are many unsuccessful cases or situations where you might just be better off paying the £100/£60?
Suppose negative case studies are not posted so often or easy to find, but looking on thoughts and opinions for how I proceed from here please?

Any questions, just ask.
Thank you!

Coupon-mad

I'm not sure if there are many unsuccessful cases or situations where you might just be better off paying the £100/£60?
Suppose negative case studies are not posted so often...

No, it's because there are no such situations with £100/£60 PCNs (and your case isn't one).

There was a rare case yesterday where ParkingEye had clear signs and were 'only' charging £70 discounted to £40 and the person overstayed what they knew was a 20 minute bay. Myself and @Gr1pr both unusually suggested that person might pay the £40, if the landowner failed to cancel the PCN.

Obviously that is Plan A. As explained in the NEWBIES thread.

Not POPLA. Don't try POPLA in a case v ParkingEye.   Better to sit tight and only contact them if you move house.  You need to see all letters and can defend if they try court.

14 minutes all told to drive in, discover that the store was closed, read terms in the dark and then leave without accepting the parking contract is reasonable.  Not a breach. POPLA won't hear that but a Judge would.

fisherjim

I suspect that this is one of their parking limited to 5 or 10 minutes when the premises are closed scams.

You will probably win this in court as CM states on the usual rubbish Parking Eye signage which is even worse after dark, you will need dated photos to back up your case in the same lighting conditions.

It's quite amazing how their technology can read a number plate in total darkness, but their signage with their terms and conditions is invisible, hmmm I wonder why that is!

Mampi

Thanks guys.
I'm not going to reply then, it's just this final paragraph where they suggest that they might contact POPLA.

"Parkingeye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided""

The requested evidence is them asking for the name and address of the driver. On my original response I added a photo from Google map of the entrance but that was a 2 year old photo so probably useless.

On the reverse of the letter it just states the allowed time was 0 hours 0 minutes, so 14 minutes exceeds this.

The suggestion of going back to take photos in the dark and having a day in court sounds like having to take time and a day off work for court potentially? Or would it be that a judge can adjudicate without my physical presence? (I have never been to court).

Appreciate your responses and dedication to this cause.

KeithP

Have a look at this video?...

www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.

Gr1pr

Mampi said:

Thanks guys.
I'm not going to reply then, it's just this final paragraph where they suggest that they might contact POPLA.

"Parkingeye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided""

No, it means that they, Parking Eye, may reject your appeal and issue a POPLA code (not that they might contact Popla. )

Coupon-mad

Mampi said:

Thanks guys.
I'm not going to reply then, it's just this final paragraph where they suggest that they might contact POPLA.

"Parkingeye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided""

The requested evidence is them asking for the name and address of the driver. On my original response I added a photo from Google map of the entrance but that was a 2 year old photo so probably useless.

On the reverse of the letter it just states the allowed time was 0 hours 0 minutes, so 14 minutes exceeds this.

The suggestion of going back to take photos in the dark and having a day in court sounds like having to take time and a day off work for court potentially? 

Highly unlikely.

Many ParkingEye cases are not litigated or are eventually passed to DCB Legal under the bulk agreement they have between them.

This sees defended court claims discontinued before any hearing. All the time.  Game over!

It's a matter of poker-facing them but do get pics of the signs in pitch black (no flash).

Get them this month so they are contemporaneous as evidence of a lack of lighting and lots of dark bays in corners.  You aren't going there to get a single close up!

Mampi

Hi again and thank you for the previous advice.
I did go and take some photos at the time and have now heard back from them.

The following pages after the covering letter are POPLA details and information.

Should I still be ignoring and not responding at this stage, send my photos and dispute to Parking Eye and/or POPLA?

Many thanks!

Gr1pr

Depends on what you want to do,  or not do

Either you put in an appeal to popla, or you don't

Coupon-mad said dont try popla,  earlier in the thread,  let a judge decide,  in court,  if Parking Eye sue you 

If you did try popla,  and lost, failure to pay would likely end up with PE suing you using MCOL 

The choice is yours, CM said ignore,  let a court decide,  if it gets to a hearing 

Coupon-mad

Ignore.