Debt recover+ /Parking eye

[soniaB85]

Hi all

 

received a letter last week in regards to a parking ticket i received in November last year. I was parked on double yellow lines opposite a shop that i was in the process of opening. I had already been approached by a traffic warden, but when i explained i was loading and unloading my car they said they would let me off as long as i didnt take too long.

 

I was then very surprised to receive a letter from Parking Eye, with a "fine" for overstaying the free hours parking. This did cause me some confusion as i never entered a car park, but the road i was in was an access route into a local Co-op car park. I sent the ticket back with a letter stating that as i never entered the actual car park i was not going to pay the fine.

 

Fast forward to May, I receive the letter from Debt recovery plus, stating i have to pay £120 within 14 days or they would advise the landowner to take me to court, usual scaremongering. I then stupidly rung them to advise i had appealed the ticket and that as it was unenforceable i would not be paying the original "fine" or their £120.

 

I then got a phone call from them, stating Parking Eye never received my appeal and that they were still pursuing the "fine". I then pointed out that it couldnt be under their jurisdiction, as i had already had a traffic warden threaten me with a ticket and surely they cant both issue tickets on the same land. They advised it was private property and that they would pursue the money still.

 

I have received another call today from them, stating that although the access route is council property, they are still pursuing the ticket as i must have entered the car park to trigger the camera that took the photo. By this point i have had enough, i have already pointed out to them i am currently 7 weeks pregnant with a high risk pregnancy and that I am not paying so take me to court, so I told them i would be going to the papers and the local MP and if my ticket gets to court and is overturned i will make sure all tickets given for that area are overturned. Probably impossible but it sounded good.

 

Have also spoken to Co-op, as Parking Eye are employed by them, they are looking into the ticket, but tried to tell me it was their property, even though DRP had already stated it was council.

 

Any extra advice will be much appreciated.

[soniaB85]

also have photos of signage, and access road to back up my appeal

[Crocdoc]

Stick to your guns with Parking Eye and Debt Recovery Plus and do not engage with them on the telephone at any time.

 

Your dispute is with the co-op as far as I can see, communicate only with them and complain in the strongest possible terms, you very often find that the retailers are happy to cancel the invoice.

 

You mentioned your local MP, He/She may well be willing to have a word with Co-op management.

 

Don't become concerned about Private Parking Companies or their mouth pieces as they are easily brought to heel.

 

Furthermore if you triggered the camera by simply entering and leaving the car park as is suggested you could also quote sections 13/1 13/2 of the BPA code of Prcatice.

13.1 Your approach to parking management must allow a

driver who enters your car park but decides not to park,

to leave the car park within a reasonable period without

having their vehicle issued with a parking charge notice.

 

13.2 You should allow the driver a reasonable ‘grace period’

in which to decide if they are going to stay or go. If the

driver is on your land without permission you should still

allow them a grace period to read your signs and leave

before you take enforcement action.

You can complain to the BPA on their website, however don't hold your breath for a response.

Edited May 13, 2013 by Crocdoc

[Homer67]

Parking eye do like to try it on lately don't they! Send the prove it or shut up letter (hover mouse over ignore for details) and then ignore anything else they send unless they send signed coourt papers, then come back here for the standard defence if they do (highly unlikely but easily defended anyway).

[peanutsallergy]

Parking Eye are churning out court papers like confetti at the moment.

[Crocdoc]

Parking Eye are churning out court papers like confetti at the moment.

 

The thing is that any defended case would almost certainly gain publicity and this does not appear to be happening, I am not familiar with English County Courts , but I understand that they are using some kind of money claim through Northampton County Court. In Scotland Parking Eye are becoming extremely boring they are still threatning the Norwich Pharmical Order and quoting Combined Paking Solutions V Mr Stephen Thomas.

 

The only new line they have used more recently is that that the appeal does not meet the criteria set by their client. (in all cases the criteria appears to be a secret)

 

I should add that a library of PPc begging letters has been created up here, the variation in appeal responses is quite remarkable, if not humerous.

Edited May 13, 2013 by Crocdoc

[peanutsallergy]

The thing is that any defended case would almost certainly gain publicity and this does not appear to be happening, I am not familiar with English County Courts , but I understand that they are using some kind of money claim through Northampton County Court. In Scotland Parking Eye are becoming extremely boring they are still threatning the Norwich Pharmical Order and quoting Combined Paking Solutions V Mr Stephen Thomas.

 

 

 

 

All due to be heard in Juy/ August from the first batches.

A trusted poster on Pepipoo who is very active in writing defences is snowed under, and reckons their could be 500 cases a week being churned.

Now, the waiting game is to see if they go to court, or let them drop when the allocation fee is due.

 

I reckon they must have seen a lot paid straight off, a lot will settle prior to court for maybe a reduced fee, some poor defences will be taken all the way, and the well defended ones will be dropped.

So if you count the cases on here, which seem a lot recently compared to previous years, the defended ones are a drop in the ocean in reality.

[seanamarts]

I know the MP in this area and he seems to be working on the parking situation at the moment. I myself have written to him with regards to the parking situation in this area. Parking eye are wrong in this case and the OP has a good case if taken to Court.

I hope this wont be the case as the poop will hit the fan with regards to the Co op, many have complained and I am not surprised that the co op havnt dismissed this company yet.

 

It needs to be made public what these people are doing and I hope the OP will get it in the local rag.

[stu007]

Hi soniaB85

 

I write to the following:

 

1. Parking Eye - Requesting clarification under what regulation, service level agreement etc gives them the authority to impose fines on council land as the stated speculative invoice was issued for council land. You also require photographic evidence and not just a computer generated document and a certified true copy of a map of your enforcement area.

 

2. Coop - Requesting clarification from the Coop that said land in under there ownership and they have an agreement in place with parking eye to carry out enforcement in that area.

 

3. Council (Land Services) - Requesting clarification of exactly who own the land at xyz and if the council have a Service Level Agreement in place with Parking Eye to carry out enforcement in that area

 

Now with each letter CC at bottom of letter and add the others detail i.e.

CC Council, Parking Eye,

 

CC Parking EYE, Coop

 

and attach copies of the other letters to each letter you send

 

(Always keep copies of your letter and ensure you get Proof of Posting)

 

(as parking eye have admitted its council land do you think they are going to like reading a letter you send to the council asking if there is a Service Level Agreement in place giving Parking Eye Enforcement powers in that area)

[soniaB85]

Well after my phone call the other day i just confirmed what was said in an email. purely so i have written evidence.

Got a phone call this morning, from debt recovery plus, to say "on this occasion Parking Eye have advised to cancel this ticket"

 

I am not going to just drop it now though, as i firmly believe they are in the wrong and i am still going to the papers, maybe some others that got tickets in the same place will get their money back

 

Thanks all for your advice and comments xx

[seanamarts]

Keep us informed.