Parking Eye - Appeal Process

gill33uk · 18 March 2017 at 6:36PM

ParkingEye response

Thank you for your correspondence received in relation to the above referenced Parking Charge, which was issued following a parking event that took place on 7th August 2017 at Thorpe Road, Peterborough car park.

We recently sent you a Letter Before County Court Claim (LBCCC) which informed you that this Parking Charge remains outstanding and had now been processed for further action. This is because your appeal to POPLA was unsuccessful and the independent adjudicator found in ParkingEye’s favour. You were advised in their appeal decision to pay the full Parking Charge in order to avoid further action.

We can confirm that £100 remains outstanding and full payment is required to prevent further action.

ParkingEye is prepared to take legal action if necessary and should court proceedings be issued, further costs will be incurred. These will include, but are not limited to, the court claim issue fee and the solicitors costs referred to within the LBCCC.

Please note, it is ParkingEye’s position that our Letter Before County Court Claim is fully compliant with the Pre-Action Practice Direction (Pre-Action Conduct and Protocols) and that all the relevant information pertaining to this case has been provided. Further information has also been provided throughout the lifespan of this case to make you fully aware of the circumstances surrounding the Parking Charge.

Payment can be made by telephoning our offices on 0330 555 4444, by visiting https://www.parkingeye.co.uk, or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.

Coupon-mad · 18 March 2017 at 6:36PM

Reply again and press them for info on grace periods. Point out they have answered nothing at all an their reply is obviously a generic template.

Quote Kelvin Reynolds this time (search this forum for the word 'Kelvin').

Do not leave their reply unresponded to, keep up your pressure every time straight back at them. BY EMAIL.

gill33uk · 19 March 2017 at 7:01PM

Hi, reply sent, thanks again for the advice

gill33uk · 27 March 2017 at 10:00AM

Morning have had my response, they do mention grace periods this time but not what they are! What's the next step please? Respond again asking what they are specifically?

Thank you for your correspondence received in relation to the above referenced Parking Charge, which was issued following a parking event that took place on 7th August 2016 at Thorpe Road, Peterborough car park.

ParkingEye operates a grace period on site to give motorists time to consider the terms and conditions in operation and decide whether they wish to bound by the same, before acting accordingly. This means that all motorists parking on site have a chance to read through the signage and the relevant terms and conditions, before agreeing to the parking contract being offered.

The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land, the car park is managed by ParkingEye Ltd, and parking tariffs apply or a Parking Charge will be incurred, along with other terms and conditions of the car park by which those who park in the car park agree to be bound. By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in the signage.

We recently sent you a Letter Before County Court Claim (LBCCC) which informed you that this Parking Charge remains outstanding and had now been processed for further action. This is because your appeal to POPLA was unsuccessful and the independent adjudicator found in ParkingEye’s favour. You were advised in their appeal decision to pay the full Parking Charge in order to avoid further action.

We can confirm that £100 remains outstanding and full payment is required to prevent further action.

ParkingEye is prepared to take legal action if necessary and should court proceedings be issued, further costs will be incurred. These will include, but are not limited to, the court claim issue fee and the solicitors costs referred to within the LBCCC.

Coupon-mad · 27 March 2017 at 12:52PM

they do mention grace periods this time but not what they are! What's the next step please? Respond again asking what they are specifically?

Don't ask, tell!

Respond telling them they've not answered the question and stating that clearly POPLA have made an error in not noticing that the BPA CoP requires a MINIMUM of ten minutes grace period (not a maximum). So clearly under 11 minutes is perfectly reasonable all told, especially as the cameras are certainly not calibrated to the exact second.

Remind them that in a BPA and DVLA meeting over a year ago, it was agreed that the 'grace period' time in the next BPA Code of Practice update will be set at 'at least' 11 minutes. This is a meeting that is in the public domain through FOI and was agreed 18 months ago and ParkingEye will be aware this was the case, from the minutes of that meeting. If they are not, you suggest they ask the BPA to clarify.

As POPLA found that the total stay of 10 minutes and 48 seconds, then clearly the car was actually stopped for well UNDER ten minutes in any event so the charge is unconscionable, against the Code of Practice and must be cancelled.

gill33uk · 27 March 2017 at 1:00PM

Thank you so much I will respond now

Spinky77 · 28 March 2017 at 12:30PM

Eagerly following this thread as I have a very similar situation (although I stayed for 15 minutes. The parking was permit holders only after 6.30, I arrived at 6.10 something and needed to be there longer than 20 minutes! Sat in my car googling nearby spaces in empty carpark).

My Popla appeal has been unsuccessful but not going to pay. Will wait for correspondence to come through as you have done.

Good luck and keep us updated!

gill33uk · 28 March 2017 at 12:43PM

Thank you, it's so frustrating, I really believe they have not even completely read any of my correspondence properly, I also am not going to pay unless the judge orders me too then there is no choice ☹️

gill33uk · 19 April 2017 at 10:33AM

Morning All, I have had no response to my last email dated 27th March, is it too much to hope it has just gone away? Or will I get a court date in the post?

Umkomaas · 19 April 2017 at 10:52AM

gill33uk wrote: »

Morning All, I have had no response to my last email dated 27th March, is it too much to hope it has just gone away? Or will I get a court date in the post?

Nothing is predictable in this game. Expect the worst, hope for the best. But PE are pretty quick off the mark, but a 3-week gap is not that long; 3 months with hearing nothing might suggest there's a chance this won't progress, but you do know they have 6 years to pursue this. That said, PE aren't one of the PPCs that dredge up ancient cases in the hope of easy money.

The fact you've thrown the grace period pebble into the pond, they may see the ripples you've created too risky to chance in front of a judge.

But who knows what goes on in their minds!

Parking Eye - Appeal Process

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