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  • FIRST POST
    E34M5
    Parking eye - county court claim
    • #1
    • 16th Oct 13, 6:31 PM
    Parking eye - county court claim 16th Oct 13 at 6:31 PM
    We have been ignoring letters from Parking Eye as per the advice of this forum and now my wife wants to pay, I can't attach the letter as I am a new user but I would value any advice on what to do. Do you think I should seek legal advice?

    LETTER BEFORE COUNTY COURT CLAIM

    Basically it says at the end of the letter that, "unless payment of 85 is made within the next 14 days further action will be taken and court proceedings will be issued, which will incur further costs. These costs will include, but are not limited to 50 solicitor's costs and 15 court claim issue fees."
Page 2
    • zzzLazyDaisy
    • By zzzLazyDaisy 2nd Nov 13, 8:32 AM
    • 12,134 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    More likely ignoring you, or pretending they never got your letter (don't trust these shysters any further than you can jump with your legs ties together).

    You need to chase them up, because the next step is a county court claim.

    Use the same template, references, etc.

    ------------------------------------------------------------------------------------------------

    Dear scammers

    Threatened court action

    I refer to the letter before county court claim dated xxxx.

    I am the registered keeper. On xxxx I wrote to you, identifying the driver, as is my legal right under the Protection of Freedoms Act 2012, thus discharging any liability I may have had in relation to the alleged charge (which, for the avoidance of doubt, is denied).

    I should be obliged to receive confirmation that you have received the above letter and have advised your client to take no further action against me.


    Yours faithfully

    PRINT NAME

    -------------------------------------------------------------------------------------------------

    EDIT - where are you up to re complaining to the landowner/retailer? That's the quickest way to get this charge cancelled.
    Last edited by zzzLazyDaisy; 02-11-2013 at 8:38 AM.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • E34M5
    Yes thanks, I got proof of postage but lo and behold I spoke a couple of hours too early and received the letter now in my name in the afternoon post.
    This means that the process is reset, my wife is off the hook and I have to read about what to do next.
    BTW - My wife still wants me to pay the 50 early payment charge.

    Daisy - I have been on holiday for the past week and so didn't get around to the retailer, was waiting for he letter I now have. I will chase my wife into getting proof that she shopped there.

    Edit - She says that she bought a bunch of activity/sticker books but can not find the receipt and she paid in cash.
    Last edited by E34M5; 02-11-2013 at 12:47 PM.
    • zzzLazyDaisy
    • By zzzLazyDaisy 2nd Nov 13, 1:41 PM
    • 12,134 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    Okay, so this is your second bite at the cherry - don't waste it! You need to appeal to the PPC. Don't miss the deadline.

    You also need to complain to the retailer, it doesn't matter if you have no receipt, do it anyway.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
    • Stroma
    • By Stroma 2nd Nov 13, 1:42 PM
    • 7,917 Posts
    • 8,408 Thanks
    Stroma
    Why throw money away when you can win this with our help , we are running at a 100% success rate at popla. Send a soft appeal in your wife's name on mitigation then wait for the rejection and come back here for help.

    2 emails and you save 50 , it's not difficult
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    Anti Enforcement Hobbyist Member
  • E34M5
    I have just messaged them on Face Book with my sob story to see if modern social media can not solve this issue. Will let you know how it goes.
    • Umkomaas
    • By Umkomaas 2nd Nov 13, 2:37 PM
    • 25,180 Posts
    • 40,637 Thanks
    Umkomaas
    I have just messaged them on Face Book with my sob story to see if modern social media can not solve this issue. Will let you know how it goes.
    Originally posted by E34M5
    You need to be getting your (wife's) soft appeal in without delay. And you need to get out of 'sob story' mode, it isn't going to help you when you get to POPLA.

    Start reading the POPLA Decisions sticky and learn about signage, genuine pre-estimate of loss, lack of proprietary interest in the land, no contract with landowner to pursue charges in their own name, etc. Here

    http://forums.moneysavingexpert.com/showthread.php?t=4488337

    Also have a read of this

    http://www.parkingcowboys.co.uk/popla/
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case papers, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • nigelbb
    • By nigelbb 2nd Nov 13, 2:41 PM
    • 2,630 Posts
    • 3,397 Thanks
    nigelbb
    Why throw money away when you can win this with our help , we are running at a 100% success rate at popla. Send a soft appeal in your wife's name on mitigation then wait for the rejection and come back here for help.

    2 emails and you save 50 , it's not difficult
    Originally posted by Stroma
    From reading this thread from the start the wife is the keeper & the clock has been reset by naming the husband as the driver. I am not sure that this is actually correct as the OP refers to his wife shopping at Home Bargains & not having receipts. Anyway let's not complicate matters by debating what actually happened. The OP needs to appeal as the driver on the usual points no contract with landowner, PE has no right to offer contract to motorist, charge is a penalty & not a genuine pre-estimate of loss, inadequate signage etc. If this appeal is rejected by PE then the same points will be successful in an appeal to POPLA.
  • E34M5
    You need to be getting your (wife's) soft appeal in without delay. And you need to get out of 'sob story' mode, it isn't going to help you when you get to POPLA.
    Originally posted by Umkomaas
    Can I just get some clarification, I was the driver of my wife's car, they have issued me with the first Parking Charge Notice so shouldn't I be appealing in my name, my wife has nothing to do with it, other than to speed up her shopping in future.
    • Coupon-mad
    • By Coupon-mad 2nd Nov 13, 7:58 PM
    • 76,795 Posts
    • 90,164 Thanks
    Coupon-mad
    Yep just do a simple and quick online appeal from the driver; done in minutes. nigelbb has told you what to say at this stage. It's all about getting a POPLA code so doesn't really matter what you say as long as you have appeal points - and you can say the passenger was shopping but only paid cash and did not keep any receipts.

    Complain by phoning up or popping into the Store; no need for receipts to complain as a customer. Only speak to the overall Store Manger, not a random employee.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • E34M5
    Thanks everyone,

    Okay appeal filled in on their website, I will not share the details here for obvious reasons but I have to wait 10 days.
    I did make a point to ask that I be sent a POPLA code if my appeal was unsuccessful.

    I am still waiting to hear back from the HB Face Book message I sent yesterday (they did send me a mail to say they will get back to me in two working days) , I will post on their FB page on Monday directly if I do not hear back, just to let their 'fans' see what is happening to their customers.

    Is there a template for the POPLA appeal anywhere?
    Last edited by E34M5; 12-11-2013 at 6:01 PM.
    • Stroma
    • By Stroma 3rd Nov 13, 12:20 PM
    • 7,917 Posts
    • 8,408 Thanks
    Stroma
    Yes there are quite a few, but we will come to that if you need it. But take a look at the popla sticky thread so you get an idea what would be needed
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    Anti Enforcement Hobbyist Member
  • E34M5
    I have contacted HB twice and the last response is below:

    'If, once you have been in contact with Parking Eye, you are unhappy with the outcome, you can contact us via the following address, and we will look into the matter with Parking Eye:

    Parking Appeals
    TJ Morris Ltd
    Portal Way
    Liverpool
    L11 0JA

    This car park is operated by Parking Eye, and we have no control over who tickets are issued to, nor do we receive any money from the fines.

    I'm sorry that we are unable to help any more with this matter.'
    • newholme30
    • By newholme30 5th Nov 13, 4:22 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    Nonsense. Whether they receive monies from 'fines' is immaterial and if they employed PE of course they should have control over them!

    If they have a Parking Appeals department one might assume they employed them but try to find out if they actually own the land. The landowner must give express permission (contract) for PE to operate.

    I'd be changing the address of your letter to that of the CEO of TJM.

    Oh and head it up with. big Formal Complaint at the top and marked For the Personal Attention of X.
    Last edited by newholme30; 05-11-2013 at 4:25 PM.
    • Coupon-mad
    • By Coupon-mad 5th Nov 13, 5:45 PM
    • 76,795 Posts
    • 90,164 Thanks
    Coupon-mad
    we have no control over who tickets are issued to, nor do we receive any
    money from the fines.


    We know all that, Home Bargains; we know that your agent PE keep all the money and harass your customers. We also know you CAN tell PE to cancel some.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • E34M5
    So 10 days to the day I receive a letter from PE to tell me that my appeal has been unsuccessful. I got a 10 sided letter to explain how they can justify the loss, and some examples of court cases where the POPLA appeal was unsuccessful along with a bunch of FAQ answers. I did get a POPLA form at the end and it has a verification code at the bottom.

    I will now contact Home Bargains again as they told me to if my appeal was not successful but what is the next stage for the POPLA?
  • jeanraffio
    So 10 days to the day I receive a letter from PE to tell me that my appeal has been unsuccessful. I got a 10 sided letter to explain how they can justify the loss, and some examples of court cases where the POPLA appeal was unsuccessful along with a bunch of FAQ answers. I did get a POPLA form at the end and it has a verification code at the bottom.

    I will now contact Home Bargains again as they told me to if my appeal was not successful but what is the next stage for the POPLA?
    Originally posted by E34M5
    Bet it was exactly the same as this? http://imgur.com/a/vzLDq

    Yes, contact Home Bargains with proof of shopping if you have it - don't let them off lightly. Though the next step will be POPLA, and you only have 28 days before your code expires, so start thinking about getting your appeal together, some good draft POPLA appeals here:

    http://forums.moneysavingexpert.com/showthread.php?t=4799843
    http://forums.moneysavingexpert.com/showthread.php?t=4800038
    This is my *anonymous* account on MSE Forums - I post under a different username normally.
  • E34M5
    So, for those that are interested I wrote a letter to Home Bargains and sent them another email explaining that although I didnt keep my recipts I did actually spend the majority of the time in their store.

    I recieved a letter today from PE to tell me that, "We can confirm that this charge has been cancelled and there is no outstanding payment due on this account"

    Result! and thanks for everyones helpful advice.

    ps. I have sacanned the letter and saved it some where safe just in case I get another reminder.
    Last edited by E34M5; 22-11-2013 at 6:57 PM.
    • Stroma
    • By Stroma 22nd Nov 13, 6:17 PM
    • 7,917 Posts
    • 8,408 Thanks
    Stroma
    Well done I would say this came from a successful complaint to the retailer so will be added to the hall of fame thread by coupon mad !
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    Anti Enforcement Hobbyist Member
    • Coupon-mad
    • By Coupon-mad 22nd Nov 13, 7:44 PM
    • 76,795 Posts
    • 90,164 Thanks
    Coupon-mad
    So, for those that are interested I wrote a letter to Home Bargains and sent them another email explaining that although I didnt keep my recipts I did actually spend the majority of the time in their store.

    I recieved a letter today from PE to tell me that, "We can confirm that this charge has been cancelled and there is no outstanding payment due on this account"

    Result! and thanks for everyones helpful advice.

    ps. I have sacanned the letter and saved it some where safe just in case I get another reminder.
    Originally posted by E34M5


    Well done!

    Annoying at first that Home Bargains said they had no control over PE and yet PE are their agents! And yours is the 3rd complaint success I have collated in recent weeks on this sticky thread, about assertively involving Home Bargains:

    http://forums.moneysavingexpert.com/showthread.php?t=4766249

    ...so how come HB thought they couldn't (be bothered to) help you at first?!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • E34M5
    What I am not sure of is which line of complaint/begging to get the charge cancelled made it happen.

    I messaged them on FaceBook and they sent me an email to say they dont control who PE give 'fines' to. I mailed them back and they gave me an address if my appeal to PE was unsuccessful. (see address in post #32)

    After the PE appeals rejection, I sent a letter to the address they provided me BUT I also contacted them via email again. They responded to say that they have passed my email to 'the appropriate person'.

    I wonder if it was it the letter or the forwarded email to the 'appropriate person'?
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