Pay by Text failed ParkingEye

Teddy9662 · 23 May 2019 at 12:55AM

Hello

In November 2017 I attempted to pay for parking at Clarence House in Newport via text. I was there to carry out my there to carry out my theory test and had no change on me so texting was a convenient option. Fast forward a month and the company sent me a notice that I had not paid for parking. I made an appeal, but it was made outside of the 28 day allowed period but all the same I received an automated response providing me with an appeal number saying i should here from them within 28 days. After 28 days i heard nothing and not knowing anything about the way they work I assumed the evidence provided ( an image of my text to the number on the pay box ) was enough for it to be left.

Fast forward again to December 2018 and I find myself with 2 letters. Both from the court, one giving me chance to defend myself and the other letting me know it was too late and I'd been issued with a CCJ and to pay the court costs and parking fine. I received these letters late due to being in the army and having my parents house as my permanent address so all my post is delivered there. I usually have regular visits home so I can keep on top of what is delivered but work commitments had stepped up in the weeks prior so I missed these letters from the court.

I then used the website resolver as it seemed the only way I could actually get in touch with parking eye to question why they'd even taken me to court. After a few back and to ParkingEye said they'd received no appeal of the origing parking notice, I went on to attach a screenshot of the email receipt for the appeal they had sent me, they replied saying if I wish for the judgement to be set aside I can pay and take it to court.

I put in for the judgement to be set aside. Today May 2019 the judgement was set aside and the whole thing has gone back to the point of claim. She asked why I thought the parking was paid for when there was no response from my text to the number on the ParkingEye pay point and also why I didn't check my bank statements to confirm the money had gone out. I have no clue as to how paying for parking this way works and was in a rush so was I wrong to assume they wouldn't reply? Does anyone actually check their bank statement to see if a parking payment has gone out?

The evidence I have:
- The initial text to ParkingEye with my reg even though it has no response from the company, potentially an issue on their side?
- The email acknowledging my appeal being made.
- The case file provided by resolver where ParkingEye state "no such appeal was made"

With the claim starting again I'm struggling to know how to put up a decent defence after the Judge tore me apart for things I wouldn't even think of happening such as a reply or checking my bank statements. The judge basically said get in touch with the company and ask for the judgement to be stopped and to come to an agreement with payment.

TIA

Coupon-mad · 23 May 2019 at 3:17PM

I put in for the judgement to be set aside. Today May 2019 the judgement was set aside and the whole thing has gone back to the point of claim. She asked why I thought the parking was paid for when there was no response from my text to the number on the ParkingEye pay point and also why I didn't check my bank statements to confirm the money had gone out.

I take it ''she'' = the Judge. At least she granted the CCJ set aside but this has presumably cost you £255?

The judge basically said get in touch with the company and ask for the judgement to be stopped

The judgment has been stopped, do you mean for the claim to be stopped?

The evidence I have:
- The initial text to ParkingEye with my reg even though it has no response from the company, potentially an issue on their side?
- The email acknowledging my appeal being made.
- The case file provided by resolver where ParkingEye state "no such appeal was made"

OK but this is arguable and you might not win it. But hey, what choice do you have as P/Eye are unlikely to settle for lower, unless you complain to the landowner/retailer and get the weight of their support to complain about the way you were treated even though you appealed. Who is the landowner/retailer? Try that complaint urgently and you MIGHT get PE to settle for say, £60, which was the PCN sum at discount stage. But only with landowner help.

If that doesn't work, how about a defence that asks the court to order that the case is referred for a late POPLA appeal, given that you did appeal and can prove it (and did try to pay and can prove it)? Courts have ordered POPLA before, and the sum in play at appeal stage is the PCN (non discounted) which was probably £100?

Have you been told by the Judge to file & serve a defence now? By when?

Sounds like you might have been better to have chosen set aside with consent (no hearing) which would have been £100 court fee, not £255, and you'd have had to pay off Parking Eye for £175 or whatever the scam claim was for (total = would have been about £275).

This way, by doing a set aside with a hearing at £255 you have exposed yourself to paying more than you would have done, if you lose the case. Too late to change it now but I wanted Newbies to realise there are 2 types of set aside.

The_Deep · 23 May 2019 at 3:25PM

Concentrate on signage. IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

https://forums.moneysavingexpert.com/showthread.php?t=5972164

and enlist the support of your MP as they are obviously trying to scam you.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Teddy9662 · 23 May 2019 at 3:37PM

Yes so she is the judge and it did cost £255. I can only imagine that the judge was referring to the claim and she was advising for me to contact parking eye to try and come to some sort of resolution like me just paying so they stop the claim all together? Problem is getting in touch is proving difficult with everything leading back to their appeals page.

How would I actually go about finding out who the landowner is?

I was given 14 days so my defence has to be in for the 6th of June.

Complete lack of knowledge lead me to taking any which option which would prevent me from having a CCJ, I've only recently discovered these threads.

KeithP · 23 May 2019 at 4:02PM

Teddy9662 wrote: »

How would I actually go about finding out who the landowner is?

The Land Registry will tell you that for a fee - about £3 I think.

Coupon-mad · 24 May 2019 at 3:17AM

Problem is getting in touch is proving difficult with everything leading back to their appeals page.

What, even when searching this forum for ParkingEye email and finding it?

enforcement@parkingeye.co.uk

How would I actually go about finding out who the landowner is?

Isn't there a Hotel or retailer(s) or cinema there? Where is it?

Pay by Text failed ParkingEye

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