ParkingEye PCN - lease car - 11 mins stay - KFC Ellesemere Centre, Walkden

[Moey8]

Hi CAG,

 

I received a PCN for an 11-minute stay in the KFC car park (8:50am - 9:01am) on May 30. It seems this place is known to some people on this site. I have completed the questionnaire information and attached a pdf of the PCN. The PCN was received on June 15, presumably a little late as it's a lease car and the paperwork arrived via the lease company.

 

I was not aware of the car park restrictions and briefly parked up to drink a coffee (purchased from the drive-through McDonald's, next door). For an 11-minute stay at a time when the KFC was shut I find the fine of £100 (£60 if paid within 14-days) excessive and any assistance is most appreciated. 

 

Thanks

 

1 Date of the infringement

30/05/2021
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

02/06/2021

 

3 Date received

15/06/2021 (received via lease company)
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Yes
 

5 Is there any photographic evidence of the event?

Yes (arrival/departure times)
 

6 Have you appealed? [Y/N?] post up your appeal]

No
 

Have you had a response? [Y/N?] post it up

Give answer here
 

7 Who is the parking company?

Parking Eye [edited - HB]

 

8. Where exactly [carpark name and town]

KFC Ellesmere Centre, Walkden, Manchester M28 3ZD
 

For either option, does it say which appeals body they operate under.

POPLA

Scan.pdf

[honeybee13]

Hi, welcome to CAG.

 

Thank you for posting up the information, it will help us to advise you. I see it's Parking Eye again and by the way, it isn't a fine, it's a speculative invoice to us.

 

They're on a sticky wicket with 11 minutes I'd say, see what the others think when they get here.

 

Best, HB

[brassnecked]

11 minute stay, they have to give a minimum 10 minutes Grace period, Usually signage trips them up, as well, So they have a Prohibition of anyone parking outside KFC opening hours.  is the site Signege clear and easily readable.  Don't appeal the Team will be along with further advice soon.

[dx100uk]

100's of like threads to read here

 

do nothing until or unless you get a letter of claim

 

Programmable Search Engine (google.com) <<clickme and read all the consumeractiongroup threads listed

[Bazooka Boo]

Is it me or is this the second invoice PE have spat out, that I have seen, that doesn't say what the alleged breach is?

[FTMDave]

Well spotted!

 

I wonder if on page 2 they've got "it might have been A, or it could have been B, then again it may have been C" ...

[lookinforinfo]

There is part of the PCN missing. I assume you got it from the Lease company?  We do need the bottom part of the PCN though PE are usually pretty good at being PoFA compliant.

[Moey8]

Thanks for the helpful suggestions everyone and thanks for spotting that part of the PCN was missing. I have now attached this so people can see the Parking Charge Information. 

 

I will take a look at the car park signage later today and post pictures on here. In the meantime I will sit tight until/if I receive a letter of claim.

 

Thanks

 

Scan 1.pdf

Edited June 18, 2021 by FTMDave
Thread tidied

[Bazooka Boo]

Well what is it PE, was the stay authorised or unauthorised what is the breach of your fictitious T&C's?

 

They're not even certain of their own T&C's, first they mention 'by ''remaining'' at the car park for longer than the stay authorised OR without authorisation'' Which is it?

 

And then if you remain in the car park for longer than zero hours and zero minutes, so you can't even drive through it, then you agree to pay their invoice??

 

They really are thicker than a submarine door.

[Moey8]

Hello,

 

I've nipped down to the car park today and taken photos of the signage (attached).

 

There are two entrances to the car park.

 

Image 1 shows the sign for the first entrance.

I entered in the other entrance (image 2) displaying s small yellow sign advising the car park is for the use of KFC customers.

 

Once you enter the car park there is a larger sign with more information (Image 3).

 

This is not visible until you are inside the car park as the sign is facing the opposite way to the other two.

 

Thanks

 

pix.pdf

[FTMDave]

Well that's it then.

 

You went in the entrance which simply said you had to be a KFC customer, which you intended to be.

 

Once you worked out it was closed and read the signage you promptly left, in all of 11 minutes. 

 

Their signage is rubbish and you've proved it.  Well done on digging up this evidence.

[brassnecked]

They are on to a loser for sure

[Moey8]

Thanks for everyones help. Will update if/when I receive a letter of claim from PE.

[AndyOrch]

Topic open

[Moey8]

Hi Everyone,

 

On May 30th 2021 I received a PCN for an 11-minute stay in the KFC Walkden car park (8:50am - 9:01am). See above for details.

 

After receiving the excellent advice on here and not having received a letter of claim from PE I assumed the matter was closed, especially given that it was from over a year ago. However, I have today received a letter from Direct Collection Bailiffs (DCBL) title ‘Notice of Debt Recovery – Unpaid Parking Charge of £170’ and instructed to make a payment within 14-days. 

 

Any advice on how to proceed/react to this letter is gratefully appreciated.

 

Thanks
 

[dx100uk]

you ignore them

if you read carefully it says they are not operating as a bailiff

just another powerless DCA whom can never be bailiffs .

 

dx

 

[Moey8]

Thanks for the previous  advice.

 

Since the letter referred to in my last post, I have received three further letters.

 

The first was a 'final reminder', followed by a 'Final notice of debt recovery'.

 

Today I received the latest titled, 'Notice of intended legal action'.

 

I have not responded to any of these, nor the original ones a year ago.

 

I'm just seeking reassurance that I should continue ignoring these letters from DCBL?

 

Thanks

[dx100uk]

On 20/06/2021 at 19:27, Moey8 said:

Thanks for everyones help. Will update if/when I receive a letter of claim from PE.

 

Dx

[Moey8]

Thanks dx. So, am I correct in saying this is not a 'letter of claim' and I do not need to respond to DCBL?

[dx100uk]

what are dcbl?

 

dx

[Moey8]

Direct Collection Bailiffs Ltd.

 

The latest letter is a 'Notice of Intended Legal Action', which I presume is different to a 'Letter of Claim'?

[dx100uk]

You said it yourself... I will await a letter of claim from PE themselves.

 

Only the owner of a debt or a solicitor operating on behalf of their stated client - the owner..  can issue a letter of claim.

 

A DCA is not a solicitor.

They are not BAILIFFS

And have 

ZERO legal powers on any debt no matter what it's type 

 

Doesn't hurt to read a few PE PCN threads here too so you answer your own questions now and going forward - CAG is predominantly self help too 

 

Dx

 

[Moey8]

Thanks for the advice Dx and agreed on the self help prompt - taken on board and will view more posts in future before asking a question 

[dx100uk]

Open 

 

Dx

[Moey8]

Hi All,

 

Letter of Claim (attached) has now been received from DCB Legal on behalf of Parkingeye. I presume it's snotty letter time so will have a look through some examples on here for inspiration!

LoC.pdf