Parking Eye PCN Paid by Lease Company - London Gateway Services

[glennyboy]

I lease a van. Just received a PCN from parking Eye stating I entered London Gateway Services at 06:45 am and left at 16:08 pm on 15/01/18. The leas company have paid this straight off with a £30 admin fee on top.

 

I was there, had a coffee, but left shortly after to do a days work which consisted of ten calls all over North London. I then called in on my way home for a brief natural break.

 

Their cameras clearly did not register me leaving in the morning.

 

Every one of my calls is time stamped and GPS noted and I also wear a CCTV camera which I hope will show my van nowhere near the Services between the times shown.

 

Because I have only just got this on the 19.01.18 (takes that long to get through the lease company) its outside the 28 day period.

 

I am now thinking of a Moneyclaim online for the full £90 with my evidence. Thoughts anyone?

[DragonFly1967]

OK, just so we're 100% clear.

 

Have the lease company paid ParkingLie or just given ParkingLie your details?

If the lease company haven't already paid it. Have ParkingLie been paid any money at all?

 

Do you have a copy of your lease agreement? If so, what does it say in your lease about fines and statutory charges? This is neither of those, so if it doesn't specifically mention anything else, then the lease company may also be on a sticky wicket and will be refunding your £30 as well.

[glennyboy]

Sorry

I should have made it clear.

 

I’m thinking of sticking a money claim online against ParkingEye.

 

They have issued a pcn incorrectly against the vehicle which wasn’t there, and I can prove it.

 

That meant I incurred a £30 fee due to their actions.

 

I reckon it’s winnable even if they appear in Court.

 

Oh, and Parking Eye have been paid their £60

[DragonFly1967]

OK then. This means that you can pretty much go to town on ParkingLie.

 

If you have definitive proof that the vehicle was not where they say it was.

 

1. They have incorrectly issued a parking charge notice. Breach of their own (so called) contract and the BPA Ltd CoP for AOS members.

2. They have requested the keeper details from the DVLA. Breach of their KADOE contract with the DVLA and the Data Protection Act. (The latter may be an action that only the lease company can take, not sure).

3. Assuming that you were named (by the lease company) as the hirer of the vehicle, ParkingLie have then processed your details illegally in breach of the DPA.

 

You'll probably also have the basis of a strong case against the lease company as well.

 

Therefore, your claim against ParkingLie could be a great deal more than just the £90 that you're out of pocket! An action for their breach of the DPA alone could run to around £750, and there are plenty of County court cases where people have been awarded £250 (some more) for a PPC's breach of the DPA.

 

You're going to need to do some research but start with Google v Vidal-Hall and VCS v Phillip, and have a good long read of the "Parking Pranksters" blog. http://parking-prankster.blogspot.co.uk/

 

As well as taking these clowns to court. You have the perfect grounds for formal written complains to the BPA Ltd, the ICO and your MP (there's a private members bill progressing through parliament at the moment regarding PPC's)

 

I'd be having an absolute field day if I was you!

[Bazooka Boo]

Oh yeah, this is going to be epic!!!

 

Lets see them wriggle outta this one.

[ericsbrother]

let us be clear about something,

parking lie have asked the lease c for some money and they have handed it over.

that is up to them what they do,

it doesnt create any liabilty on your part so you have to take action against the lease co.

 

What you can show the lease co is proof that you werent there and they have been robbed blind and you will be happy to turn up in court when they sue PE to get back the money that they have lost due to the false representation of PE

 

This is standard "double dipping".

I would be making it clear to the lease co that you are going to sue them for the £90 as it is not a fine but an erroneous speculative invoice that you would have dealt with withourt having to pay a bean if they had done what they are entitled to do and passed on your details as the driver.

 

At the moment you have no interaction with PE so you cant sue them.

The lease co may well have cause to sue them for a breach of the DPA as they had no reasonable cause to obtain the keeper details, a two bit faulty camera system isnt "reasonable cause ".

 

Now get on to the lease co in writing and give them 14 days to undo the damage they have done and if they dont issue a court claim for breach of contract as your lease agreement wont have anything about paying conmen in it.

[DragonFly1967]

Apologies, I'd read that as the OP had paid the £60 to ParkingLie and had paid a further £30 (probably plus VAT) to the lease company.

 

If the lease company has just stumped up the money to ParkingLie, as EB says, it's the lease company that you go after. The fact that they've been suckered into paying isn't your problem. You weren't liable for it so they're going to have to swallow it or take ParkingLie to court themselves to get their money back.

 

You don't owe anyone a single shekel over this invoice from ParkingLie and the lease company had better raid the petty cash and give you your money back.

[ericsbrother]

this is why the parking cowboys make £300 million a year between them when the amount they would make if they obeyed all of the relevant laws would be in the tens of thousands instead.

 

It is big business and mostly misrepresentation but the system always leans towards the money.