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

[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?

ParkingEye PCN, 9-01-2020.pdf

I've attached the first PCN again, redacted properly this time...

[FTMDave]

Laugh at DCBL and ignore.

[lookinforinfo]

Is there any way that your car could have been held up in the car park to get the time down to ten minutes-which is the minimum consideration period allowed. Obviously there is the time to get from the entrance, find a parking place and park, making sure that the car is between the lines. 

 

Then perhaps there were children with the driver who would have needed time to have been taken out and put back  into their child seats plus if anyone was disabled that would have taken extra time for them to get out the car and then get back in on leaving.

 

Then leaving the car parking spot and making way to the exit might have been delayed because of another car parking or pedestrians, especially disabled crossing the cars path. The driver  may remember other factors that delayed the car for longer.

 

Work out the time it might have taken for all those possible events ,if they actually occurred, and subtract them from the 25 minutes PE allege it took, and putting them to strict proof that both cameras were perfectly synchronised to the same time.

On another note, does the surgery not provide a register for patients attending with cars to sign in. Have you tried getting the doctor to cancel the ticket for you.

 

On another note-I'm getting as bad as DCBL-but this is my final note for just now.

 

PE don't usually add on extras so perhaps DCBL chancing its arm. This is good for you as those extras are now definitely gone with the new Act clarifying what was always the position-no more than £100 to be charged.

Edited May 19, 2022 by dx100uk
spacing

[brassnecked]

Would it be worth including that the Unicorn Feed tax in this case £70 iss verboten under the code of practice in snotty letter's when that time comes   now, or might that get them to decide to sue just for the £100 plus costs? Swings and roundabouts there.

[TFTheRebel]

To save everyone going over old ground here,

 

back in early 2020 we established that this is an ANPR car park and that they were out of time with their notice; date of event is shown as 19th Dec 2019, date of issue is 9th Jan 2020, 20 days later.

 

DX100uk told me that they have 14 days to issue the notice from the date of the event for an ANPR car park event and they are well over that at 20 days.

 

I'll wait for the Letter of Claim and come back for advice re letter content from Ericsbrother who I am told is the snotty letter expert 

[dx100uk]

eric has not been around for a longtime now

but there are certainly lots of more recent snotty letters and exprts writing them.

 

dx

 

[brassnecked]

So a Dear DCBL

 

Your claim is so outrageous and laughable i rolled around doubled up in a ROTFL at the sight of it

 

It has no foundation and as to asking for £xx, you do realise you cannot add £xx unicorn refreshment tax dressed up as a Debt Collection Feet to the original sum anyway, no matter how many timnes you misrepresent Beavis

which turns on its own facts so isn't a sue 'em all licence, further to that Part 9 of the  Code of Practice rolling out now says adding anything on top is a no no

 

Something like that, sure FTMDave will come up with some suggestions.

[TFTheRebel]

I guess I have to wait until June now for them to send a Letter of claim or yet another reminder. Then I will ask for the Snotty Letter help 

[TFTheRebel]

Almost on cue, another letter from dcbl headed "Notice of Intended Legal Action" turn up today saying that as I have failed to pay them £140 and I have not responded to their letters the are now referring the matter to their clients to review commencing legal action. Maybe we shall see a Letter of Claim next month. Any Snotty Letter writers who were itching to get started can stand down for the moment 

[lookinforinfo]

They often send a few final letters ( they were off school the day English comprehension was being taught.) I think this is to soften you up so when or if you do eventually receive a Court order you will be a trembling wreck and pay up early. 

They do keep us guessing which one of their "final letters" will actually be the final one. From memory I don't think they have gone beyond 20 as yet but numbers are not their strong point. Anyway it keeps us all amused.

[FTMDave]

Open.

[TFTheRebel]

Exactly three years after the first Parking Charge Notice, we received a "solicitors reminder letter" from dcblegal who had been asked by DCBL to write with the usual warnings about pay £140 within 14 days (it was originally £70) or they "may" be instructed by ParkingEye to send a formal letter of claim.

The letter is full of dire warnings about ParkingEye having up to 6 years from the date the first parking charge notice became due (they sent the first on 9th Jan 2020) to commence proceedings, additional fixed costs being applied, and how the amount due may increase because of legal fees.

All correspondence to date has referred to a date of contravention of 19th December 2019, and the first Parking Charge Notice was dated 9th January 2020, 21 days after the date of contravention. According to advice here, they had exceeded the 14 day limit they had to issue a notice for an ANPR car park.

In this latest letter they state that the PCN was issued on 19th December 2019 when it wasn't, I have the first PCN to prove it.

I won't respond to this either but I will probably need help at some point from a snotty letter writing expert...

 

[FTMDave]

So if you don't pay they definitely won't take you to court, they might perhaps maybe possibly could may send another letter saying they will take you to court.

 

How can you sleep at night with this grand apocalyptic threat hanging over you?

 

Usual laughing at them and usual ignoring.

[dx100uk]

open

 

[TFTheRebel]

Letter of Claim arrived today from dcblegal, requesting payment of PCN plus debt recovery costs. I need advice on what to do next please, as I don't think I can ignore this. 

[dx100uk]

AS YOUVE ALREADY STATED IN THIS THREAD...SNOTTY LETTER TIME... BUT RUN THE 30DAYS.

 

opps sri caps.

 

pop your ideas up  here 1st.

 

dx

[TFTheRebel]

I am going into hospital for a few days at the end of the month and I would prefer to get it out of the way before that if I can, so I appreciate any advice you can give me.

The essence of the matter is that the car park is controlled by number plate recognition cameras, the event in question took place on 19th December 2019 and their first parking charge notice was issued on 9th January 2020, 21 days after the event and therefore outside of the period of 14 days that I am advised they had to issue the notice.

At the beginning of this thread someone confirmed that Abbey Court car park is camera-controlled by NPR cameras and that there was a 14 day limit on the issue of notices for such car parks; it was also pointed out early in the thread that the 14 day limit is calendar days, not working days, with no allowance for Christmas or New Year Bank holidays.

Assuming all of that remains the case then the snotty letter should probably focus on the fact that they were out of time making their claim.

[Nicky Boy]

No,

The idea of a snotty letter is not to give them clues about how you might defend  any court claim.

You are just letting the fleecers know that you're aware of what low lifes they are and you won't just "roll over" during any court claim they try to make.

[TFTheRebel]

OK, thanks and a good point. Do you have any examples of a good snotty letter in cases like this which would tell me what to focus on?

[Nicky Boy]

look at other threads with letter of claim or LOC or PAPLOC in the title in this forum

so search for snotty letter here.......on this forum (search in red banner uptop)

You should also find examples in our "Successes" threads...

 

[TFTheRebel]

I have noticed something of interest;

in the original PCN and in letters received up to 2023 the "date of event", sometimes called the "date of contravention" is given as 19th December 2019 and the issue date is given as 9th January 2020,

the two letters sent by dcblegal this year refer to the issue date as 19th December 2019 the LOC details are wrong and being a suspicious person I suspect this is a deliberate attempt to mislead in the hope that after all this time we would have mislaid the original paperwork, but we kept everything. 

The original PCN also showed the arrival time and exit time for the car park, and a stay of 25 minutes but no evidence showing that the car was parked, and I saw elsewhere that they should be able to prove that a car was parked and not moving around the car park; is this true?

[brassnecked]

 

Sort of Dear DCBL I know and you know that your claim is pants

if you are silly enough to try it out in court and risk a thrashing be my guest You know and I know that you are on a sticky wicket post anytthing up you do propose sending to give the team a chance to tweak if needed.

 

  but don't give them any clue as to what you would use against them if they did  issue a claim

 

Plenty of snotty letters on here

 

Anything you send copy to Parking Eye

[TFTheRebel]

I've just seen a very good snotty letter produced by @lee19921992 about 19 hours ago for someone who had received a "Letter Before Claim" and I wondered if it could be used in this instance with a few adjustments. Is it snotty enough? Feel free to suggest improvements...

"Dear xxxx,

Thank you for your "letter of claim" dated 28th June 2023, received with your reference number **** for alleged parking breaches.

Please be advised that I have absolutely no intention of paying these extortionate and ridiculous made-up sums of money for allegedly breaking some imaginary contract which I never entered into and which you have not demonstrated how I personally became party to.

You do not even have the identity of the driver who had the vehicle on the alleged date of the alleged breach, yet you want to litigate against me. 

I could go on but it is enough to say that this whole claim is utter nonsense and I’m sure that any Judge would agree. Should you wish to proceed with this farcical claim and risk a thrashing in Court then be my guest, but you know and I know that you are on a sticky wicket.

A copy of this letter has gone to ParkingEye for information."

[FTMDave]

Well done.

@lee19921992 has been on top snotty letter form recently.  The letter hints that the invoice is rubbish and doesn't respect POFA which PE must surely know  ... but it's only a hint which will leave the idiots totally confused.

Write at the bottom COPIED TO PARKING EYE LTD, invest in two 2nd class stamps tomorrow, and get two free Certificates of Posting from the post office.