So I just lost a case for a private ANPR PCN and not sure what went wrong

Gr1pr

Looking On Google maps from 2 years ago, it appears to be a cafe with Parking Eye as the car park operator, signage at the entrance mentions payment details etc, so a pay to park car park, also mentions the inside option too

If the driver failed to pay, I am not surprised that they took it to court, or that they won in court, based on the information so far, you were on a hiding to nothing

I presume that Parking Eye issued the court claim. ? ( no DCB Legal involvement. ? ) , meaning was it an in-house claim ? For non payment. ?

The NTK PCN letter would have warned you about Pofa2012 liability

https://www.google.com/maps/place/Pistyll+rhaeadr+paid+car+park,+Unnamed+Road,+Oswestry+SY10+0BZ/@52.8551331,-3.3763516,3a,90y,228.75h,82.62t/data=!3m4!1e1!3m2!1sEK-jNiH3kBlU6R9-9jCfcg!2e0!4m6!3m5!1s0x48654fe3f7e85fb5:0xe10fcd4a5c367e98!8m2!3d52.8549309!4d-3.3766839!16s%2Fg%2F11hpdf8lkc?utm_campaign=ml-ardl&g_ep=Eg1tbF8yMDI2MDUxM18wIJvbDyoASAJQAQ%3D%3D

Car1980

Making the missing payment before the claim would have been a good tactic. Then their claim is reduced from refusal to pay, to paying late or paying "wrongly".

Unfortunately appearing to have failed to pay along with refusal to ID the driver can make you appear in a poor light to a judge.

Demistedstranger1

https://forums.moneysavingexpert.com/discussion/comment/82003436#Comment_82003436

Just so I understand your point, you’re saying I would have paid the pcn or just the missing payment for parking before the claim is filed?

I am struggling to take my lessons from this.
I want to understand in plain light what I need to do next to avoid this situation happening again? I’d appreciate your input

should the driver had just paid? How would the driver suppose to know whether the company has the authority from the land owner to charge?

Gr1pr

To avoid a repeat of this sorry saga, both you as RK of a vehicle and any and all drivers of your vehicle should take note of any signs, anywhere, and either comply with those signs or leave promptly, to avoid a pcn from a private parking company

Should a pcn arrive with your name on it, come here ASAP and get advice on how to deal with it, never ignore a pcn, not a windscreen pcn, nor a postal PCN letter either

If someone else was driving, check if the parking company complied with Pofa2012 or not, first, before doing anything else

Ideally complain about it to the landowner or landlord or business to try to get it cancelled or dealt with, ASAP

There is always the option to throw the actual driver under the bus, if it wasn't you

Read the paperwork carefully, get suitable advice ASAP

Always assume that the private parking company has authority, putting them to strict proof, never ignore them

Each case depends on multiple factors, including the claimant, the laws, plus any future regulations after they arrive, hopefully later this year

Watch todays rip off Britain episode, which gave advice on private parking company pcns

Demistedstranger1

https://forums.moneysavingexpert.com/discussion/comment/82003558#Comment_82003558

you’re amazing for writing all that!

That’s really helpful advice

I’ll be careful next time (let’s hope there won’t be a next time but I am pretty sure I’ll be back here again)

Thank you and every else who have chipped in

Half_way

Thank you for continued feedback, every little bit helps when dealing with the parking vermin

to summarise ( and from my basic understanding)

1: you receive a parking charge notice in the post

2: check to see its from an accredited parking company (BPA/IPC)

2a see newbies thread for pan A

3: check they have complied with the protection of freedoms act - some parking companies are usually better than others - parking eye ( if you follow these forums) are usually compliant , some dont even bother to make the effort.

4:if the documentation complies then keeper liability also applies, if you were not driving then you can name the driver at this stage and discharge liability - make sure you warn the driver to check on here

My guess is that things fell down on the discharging liability stage.

As for plan A a complaint to the cafe might get something, and a review on google maps, it might also be worth asking them why they have allowed such an aggressive un regulated parking company as parking eye to operate in their car park

https://parking-prankster.blogspot.com/2014/11/parkingeye-sue-parent-of-seriously-ill.html

You could also state how much this has cost you and if they could help out

Google reviews are full of people complaining about the high cost to park, maybe you could add a one star review

Demistedstranger1

https://forums.moneysavingexpert.com/discussion/comment/82003836#Comment_82003836

That’s right! But I do have a question

Since reading the threads and being in this space I had come to realise that most private parking tickets were a sham and they were extorting money from us- this made me complacent and I kept ignoring their letters

so I now get emails for unpaid private parking fines all the time and I have been ignoring them so far ( I won’t anymore) but I wanted to know what should be my first course of action to stop them from going to court? Some are at LBC stage and some are with debt recovery companies - I don’t know where to begin so your help would be greatly appreciated

Regards

Gr1pr

Definitely Ignore emails, texts or phone calls

Study the newbies sticky thread in announcements near the top of the forum by coupon mad

DDebt Collectors do not take these cases to court, so ignore them

Only the private parking company can issue a Money Claim, usually via a legal company like Moorside Legal or DCB Legal or B W Legal or Gladstones Solicitors, or they do so in-house by having their own legal department etc

You cannot prevent a court claim, anyone can issue a claim against someone else, for numerous reasons, private parking companies have hijacked the system over the last 12 years

Always respond to a formal Letter of Claim giving you 30 days notice. ( LBC. )

NEVER ignore a Money Claim N1SDT pack from the CNBC in Northampton using MCOL if it arrives in the post, otherwise you get a default CCJ against you

kryten3000

Parkingeye do not fully comply with the POFA, they fail to use the correct wording under paragraph 9(2)(e) but this is a technical defence and not guaranteed to succeed.

The OP has been unfortunate in this case.

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82003544#Comment_82003544

Just the missing parking fee. For the sake of £2 or whatever, it's just worth paying it on the app and keeping a record. Even if it's days or months later and on the wrong day.

It just puts you in a better light if it ever gets in front of a judge. That in itself is very unlikely and you were unlucky, but some parking companies do cherry pick and a non-payer increased the chances.