Parking Eye PCN

syhwawa1

Hi everyone,

I recently received a PCN from Parkingeye after temperory stopping at a private car park for 10 mins. 

The reason for my stop was a genuine vehicle emergency – my engine temperature warning light came on, indicating overheating, along with an engine warning light. I immediately pulled over for safety reasons, turned on my hazard lights, and spent about 10 minute allowing the engine to cool down before cautiously driving to my mechanic.

I appealed directly to Parkingeye and provided the reason why I temperory stopped at this private land, but they rejected my claim saying the signage displayed on site confirms that the car park is for the use of permit holders/authorised vehicles only.

Now I’m considering escalating to POPLA, since there is one rule to appeal via POPLA saying that extreme circumstances prevented me from parking correctly. 

If I appeal PCN via POPLA, they claim I will not get a discount for paying this PCN. 

I understand this was a private car park with restrictions, but my stop was out of necessity, not by choice. Parkingeye has rejected my appeal, but do you think POPLA would consider my case under "extenuating circumstances"?

Regarding my case, any suggestions? Thanks in advance! 

Gr1pr

Popla may decide in favour of Parking Eye,  because they dont usually consider mitigating or extenuating circumstances,  plus you should have stayed on the public road,  is a reasonably safe place,  not find a private property to enter 

I sympathise with your case and good intentions,  but Popla may conclude that the NTK PCN letter was correctly issued,  leaving you with taking your chances in court 

My advice is plan A in the newbies sticky thread in announcements,  asking the landowner to cancel the PCN as a goodwill gesture 

syhwawa1

Thank you for your advice!

I hadn't thought about contact the landowner and will take a look Plan A in the threads. I'll give a try reaching out to the landowner to request a goodwill cancellation.

If that fails, and then POPLA also reject my appeal. Is the last approach to raise this in court and ask ParkingEye to take legal action and then defend in court?

Coupon-mad

syhwawa1 said:

Thank you for your advice!

I hadn't thought about contact the landowner and will take a look Plan A in the threads. I'll give a try reaching out to the landowner to request a goodwill cancellation.

If that fails, and then POPLA also reject my appeal. Is the last approach to raise this in court and ask ParkingEye to take legal action and then defend in court?

Don't try POPLA. Forget that.

Tray landowner complaint then ignore.

syhwawa1

Hi, I emailed the landowner about a week ago but still don't have a response yet.

The parking eye now has issued me full payment of the outstanding £125. It says I have to pay it within 30 days; otherwise, they will put me in court. 

It seems like I have to pay the fine? Could I ignore them, will they put the cause to a supreme court?  

Coupon-mad

syhwawa1 said:

Hi, I emailed the landowner about a week ago but still don't have a response yet.

The parking eye now has issued me full payment of the outstanding £125. It says I have to pay it within 30 days; otherwise, they will put me in court. 

It seems like I have to pay the fine? Could I ignore them, will they put the cause to a supreme court?  

It isn't a fine.

You don't pay it.  Of course not!

The Supreme Court isn't involved.

You only have a LBCCC. Just read the NEWBIES thread second post.

syhwawa1

Thanks for your comment! I read the letter again, it's a letter to ask me to pay fees before the county court claim. 

I have read through the Newbie threads, in case it seems I missed the chance to appeal via POPLA as they claimed. I am not 100% sure what should I do in Plan B before I receive LBCCC?  Should I ignore them for now? 

They had a camera that captured a picture of my car entering and leaving the private land for 11 minutes.  I have already appealed the ticket via their website but they rejected it. 

what's the possibility that they will raise my case to County Court claim? 

Coupon-mad

I say again:

"Just read the NEWBIES thread second post."

I didn't tell you to read the entire NEWBIES thread. Just the second post.

Le_Kirk

syhwawa1 said:

Thanks for your comment! I read the letter again, it's a letter to ask me to pay fees before the county court claim. 

Are you sure it is YOU, the defendant who has to pay the fee, surely it is the CLAIMANT who must pay the fee?

syhwawa1

Le_Kirk said:

syhwawa1 said:

Thanks for your comment! I read the letter again, it's a letter to ask me to pay fees before the county court claim. 

Are you sure it is YOU, the defendant who has to pay the fee, surely it is the CLAIMANT who must pay the fee?

Thanks for the reply. I think I misunderstood the letter before. It says if payment is not made or contact is not made, they may initiate legal action, including additional legal fees. It seems I can ignore them until they sent me the LBCCC. 

Coupon-mad

Yep. As explained in the NEWBIES thread.