Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Angels44
    • By Angels44 4th Aug 17, 5:14 PM
    • 13Posts
    • 4Thanks
    Angels44
    POPLA Appeal unsuccessful - PLEASURELAND MORECAMBE any help appreciated
    • #1
    • 4th Aug 17, 5:14 PM
    POPLA Appeal unsuccessful - PLEASURELAND MORECAMBE any help appreciated 4th Aug 17 at 5:14 PM
    Hi everyone, I've spent quite a bit of time reading a lot of the experienced members posts on how to proceed. I understand it's best to post own thread on specific case. If anyone can help and suggest clear action points I'd really appreciate it. Technical jargon has confused me In relation to the law and correct order to proceed.

    I received a PCN earlier on this year from Parking Eye - completely oblivious to it until tenant/flatmate text me couple of weeks later. This particular car park is always empty, Recieved postal PCN with pics of car entering and leaving at 10 mins plus few seconds. I Ignored the fine increasing as thought I could appeal as £100 seems extortionate to what appears to be few seconds over grace time. Sent them a letter saying not paying it. Did a bit of research followed various templates and suggestions - submitted POPLA appeal and it's now closed unsuccessful. (Didn't visit here first before submitting POPLA and that's my mistake).

    I notified PE I wasn't at my address (didn't say I was the driver) and requested email correspondence due to various reasons I won’t go into. Back on track .... Issues I have are following:-

    1. Only have first PCN letter, another on POPLA appeal from Parking Eye and follow up letter suggesting goodwill of reducing £60 penalty will be extended for another 14 days so have no evidence of checking correct procedures for dates/letters in order as per BPA rulings. Have POPLA appeal access with their evidence though that shows stream of correspondence.
    2. Not back into UK until end of month - so no access to post if PE send me court proceedings letters. This is the bit I'm most stressed out about! Not sure if I need to preempt court letters in case they arrrive before I get back to UK?

    I might be naive but I'm previously used to companies having some shred of humility in this situation - I've got full written evidence. Any advice would be greatly appreciated In how to fight dealing with these types of operators. I'm open to suggestion. Thank you.
    Last edited by Angels44; 09-03-2018 at 4:15 PM. Reason: Editing
Page 1
    • Quentin
    • By Quentin 4th Aug 17, 5:24 PM
    • 35,573 Posts
    • 19,789 Thanks
    Quentin
    • #2
    • 4th Aug 17, 5:24 PM
    • #2
    • 4th Aug 17, 5:24 PM
    Forget any sympathy from pe.

    Have you actually got a ccj against you?

    If so what was the date of the judgement?

    You have a month to pay the ccj in full otherwise it remains on the register blighting your credit status for 6 years.

    Read up on set aside and decide whether to go that route or pay
    • The Deep
    • By The Deep 4th Aug 17, 5:31 PM
    • 9,203 Posts
    • 8,968 Thanks
    The Deep
    • #3
    • 4th Aug 17, 5:31 PM
    • #3
    • 4th Aug 17, 5:31 PM
    He/she appears to have an LBC.
    You never know how far you can go until you go too far.
    • Angels44
    • By Angels44 8th Aug 17, 3:18 PM
    • 13 Posts
    • 4 Thanks
    Angels44
    • #4
    • 8th Aug 17, 3:18 PM
    • #4
    • 8th Aug 17, 3:18 PM
    Quentin no CCJ so far haven't received any info at present. Will be back at the property end of the month so if they've posted anything I will have info by then. Thks.
    • Angels44
    • By Angels44 8th Aug 17, 3:21 PM
    • 13 Posts
    • 4 Thanks
    Angels44
    • #5
    • 8th Aug 17, 3:21 PM
    • #5
    • 8th Aug 17, 3:21 PM
    Letter before County court claim was sent to friends address befor POPLA appeal was submitted. Just clarified with them now.
    • Angels44
    • By Angels44 15th Sep 17, 1:55 PM
    • 13 Posts
    • 4 Thanks
    Angels44
    • #6
    • 15th Sep 17, 1:55 PM
    • #6
    • 15th Sep 17, 1:55 PM
    Afternoon all,

    I've now received a County court letter from ParkingEye in relation to the above. I wanted to ask if anyone has thread links so I can put together a letter/read up on next right steps to fight this.

    Any help as always is greatly appreciated.
    • Quentin
    • By Quentin 15th Sep 17, 2:15 PM
    • 35,573 Posts
    • 19,789 Thanks
    Quentin
    • #7
    • 15th Sep 17, 2:15 PM
    • #7
    • 15th Sep 17, 2:15 PM
    What does the letter say?
    • Coupon-mad
    • By Coupon-mad 15th Sep 17, 2:27 PM
    • 57,393 Posts
    • 70,997 Thanks
    Coupon-mad
    • #8
    • 15th Sep 17, 2:27 PM
    • #8
    • 15th Sep 17, 2:27 PM
    Is it a claim form?

    If so, go to post #2 of the NEWBIES thread and do the AOS online, on MCOL, as shown there in a link. Then work on your defence with our help!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Angels44
    • By Angels44 15th Sep 17, 2:35 PM
    • 13 Posts
    • 4 Thanks
    Angels44
    • #9
    • 15th Sep 17, 2:35 PM
    • #9
    • 15th Sep 17, 2:35 PM
    Thanks for your reply. It's a reply within 14 days, pay up or else. Letter before County court.
    • Angels44
    • By Angels44 15th Sep 17, 2:36 PM
    • 13 Posts
    • 4 Thanks
    Angels44
    Yep to the best of my knowledge. Will do. Thank you for the reply.
    • Angels44
    • By Angels44 8th Mar 18, 2:42 PM
    • 13 Posts
    • 4 Thanks
    Angels44
    Amended post - Letter Before County Court Claim
    Hello,

    Would appreciate any help. I have received a second LBCC Claim letter from Parking Eye. Previous one I received last autumn then this one appeared early this year nearly year after original, PCN. Original issue few secs over 10min grace period app with photos entering and leaving. It is a £100 standard rip off charge with usual threats. This second LBCC letter states 30 days to respond which is up today so even if I post response am out of date. Will this effect any court proceedings? Also this letter is diff to first LBCCC as it requests me to fill out a form whether I am disputing the charge or admitting it - together with financial statements and requests for personal info on my financials. Can I just send back the form ticking the dispute box to give me time to defend or would it be advisable to put together letter with full defense and send together? Any help would be appreciated., even just the right link to read and I will do the research. Many thanks in advance.
    Last edited by Angels44; 09-03-2018 at 4:30 PM. Reason: Edit
    • Coupon-mad
    • By Coupon-mad 8th Mar 18, 5:56 PM
    • 57,393 Posts
    • 70,997 Thanks
    Coupon-mad
    This second LBCC form they've given me 30 days to respond which is up today so even if I post response am out of date.
    No you are not, because you can email them tonight with 'Formal Reply to LBCCC - PCN xxxxxx/xxxxxx - vexatious, unwarranted threat of claim - cease and desist':

    enforcement@parkingeye.co.uk

    Can I just send back the form ticking the dispute box to give me time to defend or would it be advisable to put together letter with full defense and send together?
    You are not at defence stage, nor do you have to fill in the reply forms. You are at LBCCC stage again, and PE can be seen off with a decent argument at this stage to their Enforcement Team. I have achieved a cancellation at this stage myself, more than once, by being really robust in reply.

    Just email and tell them they have no cause of action, any debt is disputed and liability for any sum is denied, and that you will claim punitive costs on the indemnity basis, should they vexatiously proceed to trial based on an unwarranted charge for a few minutes (not entering into any contract) where a car left a site within a perfectly reasonable grace period, as confirmed by the BPA themselves.

    Since the PCN had spurious photos of the car entering and leaving at an alleged '10 mins 43 seconds' (unproven timings) and ANPR is well known not to be reliable to the second. Even the Police, NASA and Buckingham Palace* don't claim that about their systems!

    Then copy most of point #1 from this POPLA appeal (obviously, REMOVING the poster's asides and comments where he wrote things like ''needs the details from here...''):

    https://www.dropbox.com/s/p7ltb9rcr6zy7kn/Appeal_stage2_POPLA_ECP_draft5.pdf?dl=0

    That POPLA appeal is a thing of beauty and was by MikeHammer. I am NOT saying write a POPLA appeal, nor to use the word ''appeal''. I am saying use his words about grace periods to completely nail the argument, by email tonight to PE to see them off.





    * these 3 examples are deliberate, PE use them in POPLA appeals, so use them back at PE to make a point that they will understand!
    Last edited by Coupon-mad; 08-03-2018 at 6:00 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Angels44
    • By Angels44 9th Mar 18, 3:55 PM
    • 13 Posts
    • 4 Thanks
    Angels44
    Thank you Coupon-mad I really appreciate you taking the time to respond and include specific points. Email on the way. I agree submitting a robust and assertive response is key. I did post the reply but only ticked the dispute debt box and asked them to send me a copy of the contract between PE and the landlord authorising PCN to be issued on their land. I!!!8217;ll persist. Very thankful this forum is here with some fellow justice fighters...
    • Quentin
    • By Quentin 9th Mar 18, 4:03 PM
    • 35,573 Posts
    • 19,789 Thanks
    Quentin
    Throughout here you are advised never to reveal who was driving.

    You need to edit your post to remove details of who was driving

    The ppcs monitor this forum and can use your posts against you
    • Angels44
    • By Angels44 9th Mar 18, 4:07 PM
    • 13 Posts
    • 4 Thanks
    Angels44
    Ok will do. Thanks !!!
    Last edited by Angels44; 09-03-2018 at 4:21 PM. Reason: Edit
    • The Deep
    • By The Deep 9th Mar 18, 4:09 PM
    • 9,203 Posts
    • 8,968 Thanks
    The Deep
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

    Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.
    You never know how far you can go until you go too far.
    • Angels44
    • By Angels44 9th Mar 18, 4:20 PM
    • 13 Posts
    • 4 Thanks
    Angels44
    I will def follow up with MP. The scaremongering tactics are failing on me now. Especially knowing you have all beat the corrupt system that it is.
    Last edited by Angels44; 09-03-2018 at 4:21 PM. Reason: Edit
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

92Posts Today

1,607Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin