Parkingeye

Di67

Update:
Here’s where I’m up to and where I could really use some expert input.

I’ve submitted a formal complaint to the BPA, not as an appeal, but on the basis that ParkingEye breached the Code of Practice by continuing enforcement after the landowner instructed cancellation. Their position is that because POPLA already ruled in their favour, they are unable to cancel.

I’ve also exhausted ParkingEye’s internal complaints process. In writing, they confirm receipt of the landowner’s cancellation instruction, but state they refused to act on it purely because the case had already been to POPLA. They have since issued a debt recovery letter from DCBL, with the next step stated as court action. 

(by the way - the DCBL letter doesn't worry me in the slightest, I have filed it away and it will be ignored. I also understand that my case is strong and that if it was to go to court, I'd be setting a great precedent with regards to cancellations post-POPLA. I would be hammering home the fact that ParkingEye continued enforcement after landowner authority was withdrawn, and admitted they did so solely because POPLA had ruled in their favour. It is contractually bad, code of practice bad, and no judge would be happy with this. It's agency law isn't it - and an agent cannot override their principal).

I’m prepared to defend this in court tho, so what do you think? Does my case sound winnable??? 

I also have supporting points e.g. the entry barrier boom arm was broken at the time and remains broken, but the landowner-authority issue is the core of my case.

Any advice would be hugely appreciated.

Coupon-mad

All cases win because DCB Legal discontinue.

Di67

So I received a lovely Christmas card (in the form of a FINAL REMINDER to pay £170) from DCBL on 22nd December. I know I am to ignore it. I have made official complaints to the following: BPA, DVLA, ICO as well as to parkingeye themselves - so I'm making as much noise as possible. The landowner did request a cancellation, which was refused by PE as it was after a POPLA ruling in their favour. Can anyone confirm that the landowner request does indeed override a POPLA ruling? and that irrelevant of the POPLA ruling, the landowner still retains the final say and PE are bound to that via the contract? I have a copy of the contract between PE and the landowner, and it states that exceptions are via "notification to PE" - which I understand to mean notification by landowner to PE.

My complaint to BPA was focused on the breach of the COP (ignoring landowner instruction) and also that they're trying to pass on the POPLA costs to me - ParkingEye stated in writing that a reduced charge was offered to me “to contribute to covering costs incurred”, which clearly refers to POPLA costs.

My complaint to DVLA was about the misuse of keeper data. ParkingEye obtained my registered keeper data from the DVLA on the basis that they were authorised by the landowner to manage and enforce parking at this site. This authorisation was subsequently withdrawn in my case as I was a legitimate visitor to the site that day.

My complaint to ICO was also about the misuse of my data (ParkingEye have shared my personal data with DCBL after authority was withdrawn) and continue to process and share my personal data without a lawful basis, after landowner authority to enforce the charge was explicitly withdrawn, which they admit in writing.

So yeah, my question is am I good to ignore DCBL and IF it goes to court, am I in good stead re landowner overriding POPLA? 

Coupon-mad

Can anyone confirm that the landowner request does indeed override a POPLA ruling? and that irrelevant of the POPLA ruling, the landowner still retains the final say and PE are bound to that via the contract?

No it doesn't. This will not be your defence.

It's irrelevant. ParkingEye always refuse landowner cancellations after POPLA.

You should never have prioritised POPLA over Plan A (landowner complaint). POPLA was a mistake which almost always scuppers cancellation chances, but I guess you did it before coming here.

No worries. Await the Claim Form. All cases win because DCB Legal discontinue

Gr1pr

Ignore DCBL regardless. !  Powerless debt collectors,  nothing to see there 

But when or if DCB Legal contact you with a formal Letter of Claim,  respond as mentioned in the newbies sticky thread in announcements 

If DCB LEGAL issue a Money Claim On behalf of the claimant Parking Eye  ( or if Parking Eye do. ), do not ignore it 

The popla issues mean nothing to any court claim 

Di67

Great - thank you both. I'm grateful for this advice. I did Plan A first, but the landowner took months to find and then contact and get a response from. I had to find him via companies house and other creative detective work (he literally asked me how I found him, as he seemed to be purposefully elusive which is why he immediately issued a cancellation, he wanted me to go away asap). By this time I had already completed the POPLA appeal which I initiated when I was struggling to find the landowner. Right, so ill have a read over on the newbies sticky so I'm prepared for the next step IF and WHEN it comes about...

Di67

I've just read the newbies sticky and can see the whole thing for what it is. It's a psychological battle! I was burning energy on the semantics of my individual case, when in fact it's just a staring competition! Stare the longest. No need to panic pay, or argue over minusure details, or even to rely on their processes - just refuse to blink.

So when the legal department get involved, that’s when it becomes a real process, and that’s when my response matters. Until then, every letter is just part of the psy-op; designed to intimidate and get people to pay up. 

WHAT UTTER MADNESS !

Coupon-mad

Yep. You got it.

Le_Kirk

Di67 said:

Great - thank you both. I'm grateful for this advice. I did Plan A first, but the landowner took months to find and then contact and get a response from. I had to find him via companies house and other creative detective work (he literally asked me how I found him, as he seemed to be purposefully elusive which is why he immediately issued a cancellation, he wanted me to go away asap). By this time I had already completed the POPLA appeal which I initiated when I was struggling to find the landowner. Right, so ill have a read over on the newbies sticky so I'm prepared for the next step IF and WHEN it comes about...

It might help others if you can outline your system for finding the landowner and then it can be added to the excellent help sheet issued periodically by @Umkomaas

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £7 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Posted by @Umkomaas

Di67

Le_Kirk said:

Di67 said:

Great - thank you both. I'm grateful for this advice. I did Plan A first, but the landowner took months to find and then contact and get a response from. I had to find him via companies house and other creative detective work (he literally asked me how I found him, as he seemed to be purposefully elusive which is why he immediately issued a cancellation, he wanted me to go away asap). By this time I had already completed the POPLA appeal which I initiated when I was struggling to find the landowner. Right, so ill have a read over on the newbies sticky so I'm prepared for the next step IF and WHEN it comes about...

It might help others if you can outline your system for finding the landowner and then it can be added to the excellent help sheet issued periodically by @Umkomaas

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £7 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Posted by @Umkomaas

Here is my dog with a bone process: 

General method I used to identify and contact the landowner

I started by Googling every business operating from the site, the building name itself, and any obvious managing agents or tenants. Wherever a phone number or email address existed, I made contact. When that stalled, I searched the business name on Companies House to identify the registered company and, crucially, the named directors. Companies house will give you the name of the solicitors who make the filings, I was cheeky and sent an email to the solicitor (FAO your client and Director of XYX Company). I also searched those individuals on Google, LinkedIn, Facebook and Instagram. LinkedIn was the most useful, although it didn't provide direct contact details, it did provide information on other companies associated with the person I was trying to reach. From there, I visited the websites of those other companies, which is where I eventually found a working email address for the person I needed - so I emailed this address as well as via the solicitor. In short, Companies House gives you information on the company, the names of any directors and their business solicitor, pop the name into LinkedIn which will give you more lines of enquiry, and one of those lines will lead you to a contact. 

Daniel House Bootle –specific information

Daniel House in Bootle is a relatively small yet lucrative car park for Parkingeye. The car park serves the Daniel House building itself, a small convenience shop, multiple businesses, including a restaurant (14 Bar & Grill), commercial offices, and a number of small rentals and luxury apartments. Many people stop off at the shop, buy a snack etc... and get a fine. Others go to the restaurant and assume that the car park is free to them and boom - PCN. There are lots of complaints from people who got stung on that small convoluted car park. Qube Residential (www.quberesidential.com) are one of the businesses who operate from the building, arranging viewings and managing some of the lettings. Daniel House (DH Residential) are the main building and land owners. The publicly listed phone number for Daniel House goes straight to a jingle and is never answered, which makes direct contact frustrating. However, the building can be contacted via buildingmanager@dhliverpool.co.uk, which proved to be the most effective generic route. You can also visit the reception to raise concerns relating to your parking charge, and if you were a legitimate customer they will help you out. There is a sign-in machine to register your reg plate, but it's not very clear, if you are just dropping someone off for a viewing or an appointment etc... So in case of a parking charge the 1st port of call is to speak to the reception in person, second is to email the DH Residential building manager or contact the company with whom you had your appointment. This could be Qube or the restaurant. The small shop will just defer you to the building manager. Although I had no luck via the restaurant, the number doesn't answer.