Parking Eye PCN Letter of claim - Wrong Reg - Lost Appeals - Blockbusters carpark, Grange Road, Darlington. **WON - snotty letter worked**

[Nicbench]

Hi, 

I'm looking for advice about an unfair parking charge

 

I parked and paid the £2 fee for 2 hrs and only stayed for 1.75 hrs, but only put the first half of my reg number in.

 

I still have the ticket but Parking Eye claim I'm in breach of contract because the full reg isn't on the ticket.

 

I've obviously appealed which has been rejected, they're threatening me with legal action if I don't pay within 14 days.

 

This has gone on since Sept last year.

Will they take me to court?

Thanks in advance for any advice. 

[dx100uk]

where does it say it's a FINE please??

 

wrong reg number input is unlikely to see them doing court with the soon to be introduced changes .

 

please complete this:

 

 

 

 

 

[Nicbench]

•  For PCN's received through the post [ANPR camera capture]
   

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement 16.09.2021

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 20.09.2021

 

3 Date received 24.09.2021
 

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

5 Is there any photographic evidence of the event? Y
 

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

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

7 Who is the parking company? Parking eye

 

8. Where exactly [carpark name and town] Blockbusters carpark, Grange Road, Darlington
 

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

I have uploaded my most recent correspondence from Parking Eye but have several previous correspondents, as I have appealed to them several times with proof that I paid, I will scan and upload tomorrow.

 

thanks, will upload remaining docs rest tomorrow

ParkingE1.pdf

[dx100uk]

Do the uploads so we have bothsides of everything in/out to date to one mass pdf only.

 

await if/when you ever get a letter of claim

 

DX

[dx100uk]

thread tidied

 

dx

 

[Homer67]

Incorrect reg no is de minimis in court, you paid, they suffered no loss.

 

Wait to see if you get a Letter Before Action and then check back here for advice on your response.

 

Ignore all their begging and threatening letters other than an LBA but save them for reference if needed.

 

Don't lose that parking receipt!

[Nicbench]

Hi,

Thanks for the reassurance, I wish I'd found you all sooner!

 

I have a Letter Before County Court Claim, is this different to an LBA?

 

I'm afraid they have my E-mail address, as I was so infuriated at receiving the PCN, so contacted them every way possible to appeal against it and prove I'd paid to park. 

 

I've uploaded all other docs received from them.

 

Parkingeye.pdf

[honeybee13]

The letter before claim is the same as an LBA. Time to use our search box to find 'snotty letters'.

 

HB

[Nicbench]

Oh my god I'm panicking now! So will I definitely get a court summons? If I go to court and lose I take it, it will affect my perfect credit score?

[honeybee13]

They might take it to court,  but if we help you to put together a snotty letter that puts them off then it could stop there. Even then, it isn't certain.

 

If someone loses in court, as long as they pay what the court orders within 28 days, there's no effect on their credit record.

 

HB

[Nicbench]

Ok thanks, so shall I wait for your snotty letter advice? this is so nerve wracking and wrong! 

[honeybee13]

There are loads of examples of snotty letters on parking threads here. Use our search box at the top of this page and look for the words. We're all about self help here, so if you post up something you're proposing to send, we'll help you to refine it.

 

HB

[dx100uk]

Type in our search of the top red banner. snotty+letter

 

or use our enhanced google search box

 

Snotty letter

 

lots to read on both

 

get upto speed upon why we send them too.

[FTMDave]

Don't worry!  As the others have said, PE are highly unlikely to take you to court because if they did they know they would lose.

 

But that's only if you fight back confidently.  They are on the look-out for drivers who know nowt about the law.  Have a look at post 14 at  https://www.consumeractiongroup.co.uk/topic/435008-smartcst-anpr-pcn-paploc-wrong-reg-hardwick-road-stockton-on-tees/#comment-5111577

 

This is a superb snotty letter that was put together by the regulars (most of the work done by forum regular Lookinforinfo) specifically for a wrong reg case.  It shows the PPC that you know the law and they could only expect a thrashing in court.  Do not tone down the insults, as PE know full well they are not entitled to claim this money but are trying to con you.  Instead tweak the bits that don't apply to you and post up a draft of what you're intending to send.

 

I've just twigged "Grange Road, Darlington".  Are you from Darlo then?  That's where I was born and spent the first 18 years of my life!

Edited January 27 by FTMDave
Usual typo!

[dx100uk]

and stop panicking with silly words whenever your cat sneezes. or you get a silly letter.

 

get reading a good few 10's of threads in this same forum and you'll that even if it did go to court, which this one wont as its a wrong reg situation, they would lose.

its not like what you see on tv, nothing more than a sit around a table at a job interview, the dentist is far worse.

 

 

 

[Nicbench]

Yes brilliant thanks FTMDave, we found the Stockton one last night when we were trawling through the site.

 

Also yes, I am from Darlo!

Tried to get out at some point but still here, Grange Road is the place to be, but obvs. only on foot now!

 

And DX100uk, I'm more a dog person than a cat person, I just needed time to digest the whole unjust situation.

I've woken up fighting, I'll get the letter posted ASAP.

 

Hi, first draft of snotty letter below. Any comments would be appreciated. 

 

Dear PE,

 

I am in receipt of your letter dated 10 January 2022 and note its bullish contents.

 

Unfortunately I will not accept this shoddily compiled piece of utter cock and bull to be an LBC, as it fails miserably to come anywhere near that as required under the revised Civil Procedure Regulations. That leads me to believe that a court would summarily dismiss any claim made by you on that basis. As for the inflated amount of the claim, the POFA and contract law are very clear on this point and numerous examples of dismissed claims are in the public domain.

 

I paid the correct parking charge, for which I have proof, and the car park owner suffered no loss. I even left 15 mins early to allow some other mug use of the shockingly managed parking facility! It is now clear to me why it only ever has a handful of cars parked there. Inputting, correctly, only part of my registration number is clearly ‘de minimis’. Every time a greedy private parking company has taken such a case to court, they have received a heck of a kicking from the judge so stop wasting your time churning out robo-letters.

 

You know full well there is no wrongdoing on my part, so no debt. Your sordid little scheme is not an attempt to recover monies, but rather an abuse of the court system to pressure me to pay a sum I don’t owe. Therefore, if you are uninformed enough to take me to court, I will request the court issue an unreasonable costs order under CPR 27.14(2)(g).

 

I expect not to hear from you soon.

 

Your sincerely

[FTMDave]

Your letter is fine in the snotty snakes, but includes bits from different cases where the PPC had inflated the original £100, which amazingly PE have not done.  I would suggest -

 

Dear Parking Eye,

 

cheers for your Letter Before Claim.  I rolled around on the floor in mirth at the idea you actually expected me to take such tripe seriously and cough up.

 

You were paid the correct parking charge.  You suffered no loss.  In fact the driver left early, so you were paid extra!  Typing part of a registration number wrong is clearly "de minimis".  Every time a greedy private parking company has taken such cases to court they have received a hell of a kicking from the judge.  Getting the registration number wrong is not a reason for pursuing motorists.  That was established  when Baroness Walmsley v TFL [2005] EWHC 896 in the High Court of Justice won her case.

 

I would also point out that the new Government Parking Code of Practice due out shortly of which Parking Eye will be only too well aware since it will severely hamper your money grabbing antics, includes the miscuing of registration numbers.

 

I have of course kept the parking payment receipt. 

 

Should this case go to court despite having pointed out the futility of doing so, I will be asking the Court not only for an unreasonable costs order under CPR 27.14(2)(g), but I will also later sue for breach of GDPR as you knew full well your case was totally flawed but still carried on.  The standard for breaches of GDPR is now around £750. 

 

I look forward to your deafening silence.

[Nicbench]

Oh wow that's brilliant thank you, I will type it up tonight.

[brassnecked]

Plus if they were daft enough to sue and lose, you could then hit them with your own claim for GDPR and report them to ICO.

[Nicbench]

Thank you so much for your help and advice everyone, got this today, the snotty letter worked a treat They're off my back!

 

2022-02-24 Parking Eye - Parking Charge Cancelled.pdf

[dx100uk]

Hey you won

well done cag

 

Please remember to donate if you can, we are free, we work for free, but hosting costs are not,..

 

DX

[Nicbench]

Yes I've already donated, thanks again for your invaluable advice. Much better than other free advice out there.

[FTMDave]

Well done on your victory! 

[brassnecked]

Great stuff a Snotty Letter can work well.

[FTMDave]

Great snotty letter result eh? @mantis shrimp