2 x ParkingEye "fines" in Chelmsford - CLAIM FORM RECEIVED

[GeMoae]

Hi,

 

First let me explain a few things about this ticket. I'm a mature student who studies in Chelmsford and due to mortgage/family commitments has no alternative but to commute. Parking in Chelmsford is expensive and I have to park five days a week most weeks for lectures. The university I study at also offers no parking for students.

 

As a result I had been parking in a ParkingEye controlled car park that allows for 2 hours parking free. I arrive at 08:50ish and after my first lecture of 2 hours dash back to the car park (11:10ish) and move my car to a residential area that is only permit controlled between 10:00-11:00. After 2 weeks of doing this, so far so good, no problems.

 

However one day, one of my student colleagues asked me to accompany her to a doctor appointment and I, in all honesty, completely forgot to move my car. I went back to move it over an hour after the two hour limit and duly have received a "fine" of £50 (increasing to £85 after 14 days) through the post.

 

The general advice I know is to ignore. However they also sent a leaflet explaining that due to a law change 01/10/12 they now don't need to identify the driver and can "fine" the registered keeper.

 

I'm very aware that I shouldn't have parked there for so long but also feel that £50/£85 is extortionate for one hour of parking. Also being a student, I'll have to work 2 extra days on top of my studies to pay it! (I already work/study 6 and 1/2 days a week!)

 

Sorry for the length but does the new law mean it's more likely for further action to be taken against me or does it still mean.....ignore.

 

Many thanks for taking the time to read this!

[Sidewinder]

Would love to see the letter they have sent you - any chance of scanning and posting it up?

 

The change in the law is completely irrelevant - whether from the driver or the keeper of the vehicle they would have a maximum claim in law of actual losses sustained, so therefore the cost to park or the time that the vehicle was there. It is not a fine but an unenforceable penalty - an invitation to settle out of court, but they won't do court.

 

Providing that you have a thick skin, continue to ignore any and all letters that they send - in the (very) unlikely event that they issued proceedings there are plenty of defences available.

[GeMoae]

Hi, thanks for your reply!

 

I'm thick skinned enough to sit it out, my girlfriend however is panicking over the thought of doing nothing!

 

I've scanned both the fine and leaflet however for some reason it won't let me attach them to this reply, I'll try and work it out and atach them.

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[GeMoae]

Thanks dx,

 

I've tried this already however the uploader is telling me "Invalid image type". I've scanned the page as a standard jpg. I've tried a .png to no avail.

 

Could it be because I'm a new user? I tried to include a link to very similar images however as a new user I'm not allowed to post links .

[ims21]

Follow the guide...you need to convert it to PDF

[intend]

Sidewinder - I have received a PCN from parking eye which states "You are warned that if after 29 days, the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you"

 

Lawful???? Can scan up if you wish

 

Inten

[GeMoae]

Haha I thought it was scan as jpg OR convert to PDF. Not scan AND convert, done now...

[intend]

GeMoae - I got one for a Aldi car park in Ipswich.

 

Bankfodder has a thread requesting copies of notices to look at. He is a top man on the site so would hope that you can copy this onto his thread. I will be doing so when get printer back in the morning.

 

Only good will come of it - more info more power

 

Intend

[GeMoae]

Hi,

 

I thought I'd ask a little advice here.....

 

I received a parking charge from ParkingEye on two separate occasions 12.10.12 and 29.11.12 in the same car park and received letters etc. I followed the advice I was given and ignored, ignored, ignored. A couple of days ago however I received a different letter. There was no veiled threats, no ambiguous language such as may, might, could. It outwardly says further action will be taken and court proceedings will be issued.

 

This is unusual from what I've seen of ParkingEye as, like I stated, they normally use lots "well we might", does this change in tone mean that they are actually going to take action. I've always said if they start court proceedings I'll pay but I'd ignore and see what happened up until that time. Is this a sign that I should back down and pay before the court costs are included?

 

 

 

Thanks for any advice anyone can give me

Edited February 12, 2013 by GeMoae
Attached scan was tiny, I'll try again with a PDF

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

*************************************************************

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites ...

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Crocdoc]

Hi,

 

I thought I'd ask a little advice here.....

 

I received a parking charge from ParkingEye on two separate occasions 12.10.12 and 29.11.12 in the same car park and received letters etc. I followed the advice I was given and ignored, ignored, ignored. A couple of days ago however I received a different letter. There was no veiled threats, no ambiguous language such as may, might, could. It outwardly says further action will be taken and court proceedings will be issued.

 

his is unusual from what I've seen of ParkingEye as, like I stated, they normally use lots "well we might", does this change in tone mean that they are actually going to take action. I've always said if they start court proceedings I'll pay but I'd ignore and see what happened up until that time. Is this a sign that I should back down and pay before the court costs are included?

 

 

Thanks for any advice anyone can give me

 

This is very standard stuff from Parking Eye and nothing to worry about , it is drafted to to spark a reaction. However if you feel inclined to write (Recorded Delivery), ask the following questions and copy in the land owner.

 

1) Please provide precise details of the calculation used to establish the sum pursued in this case, taking account of the following statement issued by the Department for Transport.

 

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

2) Can you also provide written confirmation of your entitlement to raise court action on behalf of the land owner and any other evidence that you intend to use in pursuit of this claim.

[Surfer01]

Can they treat two different "offences" on different dates as one or are they each a separate issue?

[GeMoae]

Unfortunately, a few days after this letter I received court papers through the door.

 

I've always stated that as soon as they took it as far as court I'd pay as I have neither the time, energy or resources to defend it. It's a shame they've added £25 court fees and £50 solicitor costs into the bargain

[havinastella]

This is easily defended.

[ericsbrother]

All is not lost. Defend the claim and ask for a paper hearing and say there is no basis of claim. Plenty of wording on postings in this section to get them NOT to proceed. they will have only paid £25 so far and are betting that you will cough up just as you say. If there was a certainty to thier claim the CC would be the first port of call for these people rather than a dodgy debt collector. By the way, they are not entitled to add a penny for solicitors fees at small claims.

[dx100uk]

old and new thread merged.

 

marked change of attitude all of a sudden...

 

can you please scan up the PoC.

 

dx

[GeMoae]

Here's the POC scanned.

 

I would like to fight this, genuinely, however I have studies, my partner has studies and I'm concerned that the longer it drags out the more charges will pile up and the more stressful it will become. I was advised numerous times by many people to ignore this (and I hold no blame) but this has not worked out and I could potentially already be paying over double the money than if I'd paid!

[Surfer01]

I think a way forward maybe to ask for a copy of the contract between the PPC and the LL where it shows that the PPC can claim charges on behalf of the LL and that the charges must be paid to the PPC and not the LL. As it is your main defence, they will need to supply a true copy of the complete document.

[GeMoae]

After speaking to others about this I have decided that I will defend after all. My major worry of further costs has been allayed and I hope to build a defence. Any advice on where to go from would be greatly appreciated!!

[dw190]

By the way, they are not entitled to add a penny for solicitors fees at small claims.

 

You sure about that.

 

I thought there was a strict fixed limit to what can be claimed for solicitors assisting in preparing a claim.

 

Its a long time since I had any dealings in the small claims court.

Edited March 1, 2013 by dw190

[peanutsallergy]

Over on MSE and Pepipoo now.

One to keep an eye on.

[GeMoae]

Over on MSE and Pepipoo now.

One to keep an eye on.

 

Yeah I went to MSE and Pepipoo, figured three forums worth of heads are better than one.....

[peanutsallergy]

Not sure about the pedigree of MSE nowadays.

Good for name calling, (Thread "Combined Parking Solutions" shows the normal standard on there now. 21 pages of drivel).

New thread this morning on Parking Eye, first answer "Parking Eye don't do court".

Hmm.

A lot of bravado, and little content, usually when it gets difficult if ignore doen't work they tell you to go to pepipoo.

Pepipoo is good, but be aware they do have posters off MSE, sometimes under the same, sometimes under different names. They get reined in by other posters on there though.

This forum is good for a balanced view.

Edited March 2, 2013 by peanutsallergy

[Surfer01]

Not sure about the pedigree of MSE nowadays.

Good for name calling, (Thread "Combined Parking Solutions" shows the normal standard on there now. 21 pages of drivel).

New thread this morning on Parking Eye, first answer "Parking Eye don't do court".

Hmm.

A lot of bravado, and little content, usually when it gets difficult if ignore doen't work they tell you to go to pepipoo.

Pepipoo is good, but be aware they do have posters off MSE, sometimes under the same, sometimes under different names. They get reined in by other posters on there though.

This forum is good for a balanced view.

Agree 100% with you about MSE which is why I no longer use it. You get vilified for asking a simple question, however back to the OP. I suggest that the OP requests a full true copy of the contract between the PPC and the LL ASAP to start off the defence.