Parking Eye ANPR PCN - overstay - Abbey Court Tunbridge Wells Doctors Surgery/Medical facility

[TFTheRebel]

I did some research on POFA and found some info 

 

As mentioned previously PE issued the notice 21 days after the event so they were outside the 14 day limit have not met the strict conditions that POFA requires for ANPR tickets; they also failed in other areas covered above.

 

One interesting thing for me is that POFA also requires them to specify the period for which the car was parked but with their ANPR tickets at the entry/exit they can only specify how long a car was in the car park and not where and for how long it was actually parked.

 

IS that relevant to anything?

[ericsbrother]

That is why there is a MINIMUM grace period they all have to adhere to ( but dont) so for example if they issued a ticket on the vehicle there would have to be 2 times the vehicle was observed or at least an observed period of at least 10 mins continuopus observation. Now that would be fun to challenge as the CCTV would then have to show their bod playing statues for ages

[TFTheRebel]

[TFTheRebel]

Another letter from Debt Recovery Plus arrived today, saying that if I haven't paid the charge by 19th March they will return the file to their client (ParkingEye Ltd) with a recommendation that they take court action against me. I will continue to ignore them. I haven't uploaded the letter this time as the above is about all it says with a bit of trimming around the edges.

[ericsbrother]

no need to, we know that toilet paper is a scare commodity at the moment and showing us your supply would seem like bragging

[TFTheRebel]

[TFTheRebel]

Yet another letter from Debt Recovery Plus today; I think they want to be pen pals (showing my age...).

This time they said they have advised their client ParkingEye to take me to Court but that Parking Eye, in an effort to avoid the cost and inconvenience of Court (that bit brought a tear to my eye...) said that they will extend the payment deadline by 14 days with the option to pay in 3 monthly instalments. I'm overwhelmed by their kindness but not enough to contact them...yet! 

[honeybee13]

Very good.

 

HB

[TFTheRebel]

A Reminder Notice from  a company called CST Law, acting for Debt Recovery Plus on behalf of ParkingEye and with the word "directed" misspelt,

 

arrived on 22nd August 2020, saying that while Debt Recovery Plus would like to settle the issue amicably (presumably by me paying the charge in full) they have the right to commence court proceedings, etc., etc.. CST Law is the trading name of a company called Credit Style Limited and is in the same group as Debt Recovery Plus.

 

 Is it time to just put this long drawn out process to bed by pointing out to CST Law that

a) the notice was issued 21 days after the date of the event is supposed to have happened so ParkingEye exceeded the 14 day limit that POFA requires for ANPR tickets,

 

b) that they have presented no evidence of who was driving the vehicle so they have no cause for action against the car's registered keeper, and

c) that I will counter claim if they continue to waste my time?

 

Or is it time for ericsbrother's letter? 

[dx100uk]

On 11/01/2020 at 21:01, dx100uk said:

as long as those are ANPR captures?

not CCTV nor operator ones

but looking at the history of this car park

it is ANPR system so...

 

await if/when they send a letter of claim.

 

dx

^^^^

 

you do not enter into pointless letter tennis.

they do not have to ID the driver.

 

no-one bar PE can issue a court claim 

you never counterclaim anyway.

[TFTheRebel]

Thanks, I will wait until PE issue a court claim..

[dx100uk]

no a letter of claim must be sent first

 

get reading up,.

 

dx

 

[TFTheRebel]

Sorry, this has gone on for such a long time and with the big gap I have forgotten the order of events. 

[dx100uk]

Open

[TFTheRebel]

I have heard nothing at all from  ParkingEye or their minions since 2020,

 

today a letter turned up from a company called DCBL giving me 14 days to make a payment etc., usual stuff.

 

It says that the case is not subject to high court or bailiff action, that if I don't pay they will recommend to their client that they commence legal action, etc, etc. and after all this time there is still no sign of a Letter of Claim or anything Court related.

 

I will continue to sit this one out.

[dx100uk]

correct. DCBL in their powerless DCa role

[lookinforinfo]

I notice that you queried the fact that PE didn't enter a period of parking on their PCN. You are quite right and that makes their NTK not PoFA compliant. Under the new PoFA they are quite strict that entering the car park and leaving is not parking. That only begins when the car is parked and ends when the car moves out since getting form there to the exit can take some time at busy periods.

 

That means that they can only pursue you as the driver as they cannot transfer the liability to the keeper. Doesn't alter anything of course because they sent the PCN out of time anyway.

[TFTheRebel]

another letter from Dcbl arrived today, this time a Final Reminder to pay them £140. They have been doing this since Feb 2020 and still haven't noticed that 1) they were too late in issuing the original charge of £70 and 2) the car park exit photo they sent me doesn't show a registration number!

 

One day soon they might send a Letter Of Claim...

 

 

[FTMDave]

Have a laugh at them and ignore the letter.

 

I've looked through your thread and couldn't find the original PCN. Can you post it up?

[TFTheRebel]

It is in my attachments (I only have one) posted in Feb 2020.

 

you should be able to see it in my posting of 22nd Feb 2020..

[lookinforinfo]

If that is the  first Final Demand they have sent be prepared for at least another two. This is either because they don't know what final is or they think they can charge 40 pounds or so for every letter they send.

They do have a very inflated value of themselves. Judges are very good at pointing out their true worth.

[TFTheRebel]

That was the first so I await the next two with bated breath....

[TFTheRebel]

Dcbl's Final Notice of Debt Recovery letter arrived today. They will now recommend to their client the commencement of legal action, etc., etc. One more letter before a Letter of Claim, perhaps?

[FTMDave]

Laugh at them and ignore.

[lookinforinfo]

I noticed you tried to upload the first PCN but were unsuccessful in the end. Could you please post it up so we can see the timing you spent in the car park.