You must write to PE with the very brief denial and kill the claim now, if you ignore they will take you to court and although you will win do you really want to waste your valuable time and lose money for being off work etc to defend somehting that can be buried with a 1 line letter now?

OK and thanks ericsbrother, you have convinced me, I will write to them and post the letter today, using the wording that you posted on 24 February.

Thanks honeybee.

I have written a letter to send to ParkingEye as follows

As registered keeper of the vehicle, I do not accept any liability, and that ParkingEye LTD provide strict proof of any evidence oft heir contract being formed with the keeper of the vehicle.

Yours faithfully

Printed Name.

Seeing as you're in Scotland and ParkingLie wouldn't have a leg to stand on as far as a court case is concerned, you probably could just ignore them.

However, it's much more fun to waste their time

that will do. They know they cant touch you

Thanks Dragonfly and ericsbrother, I have posted the letter 1st class recorded delivery, I will post any reply that I get from ParkingEye.

We have received a reply from ParkingEye today, it is a standard letter with FAQs, it tells of cases where drivers took on the company and lost.

PARKINGEYE must accept or reject my appeal within 35 days ?.

The clause to which this argument refers to has been amended and has been made accessible to the general public in the latest British parking Association code of practice ( October 2014 )

In order for ParkingEye to cancel this Parking Charge, we will need valid evidence indicating that you did not break the terms and conditions stipulated on the signage.

This Parking Charge has been put on hold for 14 days in order for you to provide additional/ further evidence

Yours faithfully,

ParkingEye Legal Team

"we will need valid evidence indicating that you did not break the terms and conditions stipulated on the signage."

How can you prove a negative?

Nothing to worry about. I don't think I have seen one case where Aldi customers have been taken to court. There might be a "do not take our customers to court" clause in the contract as per PE and Somerfield. Additionally, I don't think they have ever chanced their arm in the Scottish court system.

It is for them to prove that you DID break the terms and conditions rather than for you to prove that you didn't.

It's Scotland so no POFA, so unless you have identified the driver in your appeal I'd send them a cease and desist letter, and threaten them with a complaint for harassment if they continue to pursue you.

They are talking utter cobblers. If there is a contract between you and them that cannot be altered by reference to a code that they are obliged to follow. The best thing to do is to ignore them and when they write again you again deny any contractual obligation under Scottish law.

Thanks DBC, Cardiff Devil and Erics brother, of all the claims that ParkingEye have quoted in their letter, none of them have taken place in Scotland, it is like they are ignoring the legal system in Scotland to bluff their cause. Years ago when wheel clamping started, their was a clamping company operating in Edinburgh clamping Cars, a driver took the case to Court, where it was ruled that Clamping Cars in Scotland is illegal, as it is gaining money by extortion. In the meantime I will ignore ParkingLie if and until they contact us.

Hi blueda,

I'm also in Ayrshire and have received the same letter from parkingeye after parking in an aldi carpark for too long.

Did you ever hear anything back?

Many thanks

you are in Scotland

you TOTALLY IGNORE any private parking speculative invoices

dx

I will reiterate,

the PoFA doesnt apply to Scotland so there can be no keeper liability.

This means that the parking co has got your details from the DVLA by misrepresentation, a criminal offence (but no-one will ever do anything about that)

. If they can identify the driver at the time then a contract can be formed between the parking co

and them but the contract must be correctly worded as there is no such thing as trespass in Scotland

so anyone BREACHING a contract can claim trespass rather than a contractual obligation

and then it all goes pear shaped for the parking co.

Since PE rely on ANPR they can never say who was driving so they dont hav a leg to stand on.

Hi stuartc1,

I sent ParkingEye a short letter, details are posted on March in this thread, and I never heard from them again,

there is now more knowledge posted on here as regard to Parking on private Land in Scotland, and you are being given good advice on here.

If there is a Halfords on the site then chances are it is the same car park.

ParkingEye have not responded since March, thanks to everyone for the help and advice.

Hi all.

Can you advise? I ignored the letter for a while then PE got debit recovery plus to recover the money. I wrote a email to this company as was noted in the previous posts and they have come back with.:-

Thank you for your email regarding the above Parking Charge Notice (PCN).

What you need to do now

So I can contact the driver for payment of the amount due, please let me know their name and address. Please let me have these details by 13/07/2016.

What if you do not know who the driver of the vehicle was

As you are the registered keeper of the vehicle, I am assuming that it was being driven with your consent and that you will therefore know who the driver was.

If you do not provide details of the driver by the date shown above, we will continue to contact you for payment of the parking charge on the assumption that as the registered keeper you were also the driver of the vehicle (as established in Elliott v Loake [1982]).

Payment of the £145.00 outstanding can be made online or by phone.

What will happen if you do not name the driver of the vehicle or make payment

If you do not name the driver or the amount outstanding is not paid by the date shown above, it will be recommended to our client that court action be taken by them to recover the amount outstanding.

More information

Can some advise if i still have to pay them???

Are you in Scotland?

Yes I should have said it was Morrisons car park in Inverness.

Ignore!

You totally ignore in Scotland

Go read the (this) thread you have jumped on

Dx

You could complain about the improper accessing of your keeper details as the POFA isnt applicable in Scotland but the DVLA will just ignore you. However they will have to log the complaint and in a years time publish the data to show how many people made a complaint and what they are going to do about it all.

As for DR+. ignore anything they say or do, they dont have any interest or rights in this matter. Mind you, that is why PE have farmed out this duff claim to them, they know it is dead and just hope the letterhead of debt collector makes you think they are some kind of High Court Enforcement Officer

We did not receive any further correspondence from parking Eye.

saves you having to sue them for harassment then. Long may it remain like this.

Parking eye have never came back, so we won this case through help and advice on CAG, anyone dealing with any of these parking charge firms there is advice on this thread to read, this took place in Scotland where the law is different, so if anywhere else adjust to the law.