Parkingeye ANPR PCN - overstay - Letter Of Claim - MandU Phase1 Harbour Road, Portishead, BS20 7DE (Lidl,Ibis,Subway)

[askaquestion77]

On the 6 March 2022 I with my family went to have a dinner in Wetherspoon which was located at Site MandU Phase 1,PORTISHEAD (Lidl,Ibis,Subway). 

A couple of weeks later I received a first letter informing me that I incurred a £100 fine for allegedly parking over the limited time with the offer to pay £60 to settle the fine. I’ve ignored  that letter and then two weeks later I received a second letter where it demanded a full sum of £100 to be paid and of course a threat of passing it on to the court. Unfortunately,I haven’t got the copies of those letters but they were identical to the letters from Parkingeye to other people on this forum. 

I do,however have a copy of the last letter which I received this morning and I would like to have moderators or other people to advise  me on my next step on how to get this off by back. I’ve heard and I read that Parkingeye isn’t enforceable and have no legal grounds to pursue someone like me trying to recover the fine but I would appreciate if I could get more of a detailed advice tailored to my situation. 
 

Many thanks. 
 

 

 

Letter of Claim.pdf

[honeybee13]

Hi.

 

I'm posting a link to our sticky thread with the questions we normally need answered. Can you give us any detail on this please?

 

Normally, the guys will recommend sending a 'snotty letter' to PE so tell us what you can and they'll advise what you can say.

 

HB

 

[dx100uk]

it is not a fine..where does any of their paperwork use that word...

a private parking management company cannot fine anyone..

.it's a speculative invoice.

 

dx

[Homer67]

If you actually have a Letter Before Claim then it's time for a snotty letter and hopefully that will stop them chancing it in court but you need to compete the sticky information so we can see if there's any glaring issues that will easily bat it off.

 

Have you complained to the Wetherspoons you visited and told them to call off their PPC dogs?

[brassnecked]

 

The Wetherspoon is on the same car park as the other stores? yes fill in the sticky and post up what correspondence they have sent as a pdf please.

[askaquestion77]

1 Date of the infringement 6/03/2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  I don’t remember exactly but I received it through the post on 15/03/2022
 

 

3 Date received   15/03/2022
 

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
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

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

7 Who is the parking company? Parkingeye 

 

8. Where exactly [carpark name and town] MandU Phase1,PORTISHEAD (Lidl,Ibis,Subway)
 

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

Parkingeye in the first instance and then POPLA 

 

As I have previously mentioned I don’t have any copies of the first two letters I had from Parkingeye but I was able to retrieve some of the details as well as I can attach some photographic evidences.

 

Thank you everyone who posted replies to my post.

 

The reason I called it a “fine” is just a general word, so yes it may we’ll be  a speculative invoice as suggested. 

Yes, Wetherspoon, I went to is located on the same car park as the other stores. 
I haven’t complained to Wetherspoon yet but I will definitely ring them on Monday to see what they can do in this situation. 

A friend of mine who was also with us that day received the same parking letter from Parkingeye but he told me to ignore it and I simply chucked it out and I’m afraid I don’t have copies of the previous correspondence from Parkingeye except for the letter before claim.

 

from their website pcn details+car pix.pdf

[dx100uk]

snotty letter time.

 

dx

 

[lookinforinfo]

Taking motorists to Court usually takes several months with debt collector letters first followed by solicitors letters. PE have really jumped the gun in your case. I wonder why. Well we are where we are.

 

It is a shame that you did not keep the original PCN as that is the notice that has to comply with the Protection of Freedoms Act 2012. When the crooks that run these car parks don't comply with the Act, they cannot transfer the liability of the alleged debt to the keeper if the driver does not pay. Unless PE have changed their format in March, all their PCNs are non compliant. That means that you as keeper are not obliged to pay. 

 

The good thing for you is that you have not appealed so they have no way of knowing if you were the driver. Many people are able to drive other people's cars so they must do more than just assume that the keeper and the driver are the same person.

Your best chance of getting the ticket quashed is to write to the ceo- J [email protected].

Explain how much you enjoyed your meal at the Posset Cup but spoiled by getting a PCN after leaving the restaurant. No way is two hours sufficient for a family to spend an enjoyable time in the Posset Cup and you would be grateful if you could arrange to cancel the ticket as you had spent all the time in their pub. And next time you promise you will ensure that you leave within the allotted time.

 

PS the reason PE does not have compliant PCN is that all they do is record when a vehicle enters and leaves the car park. However the PoFA requires the actual  parking time to be the criterion which is a different time span. Had you not overspent time quite as much you could argue that you had not stayed too long as there are grace periods and consideration times to be added to the two hours.

 

 

 

[Kyosanto]

When a similar thing happened to me recently I talked to the pub manager and they were able to nuke the Parkingeye procedure on my behalf. Easiest way to solve the issue.

[lookinforinfo]

That might work if one complains early enough. In this case we are already at the  Letter of Claim stage so probably out of the hands of the manager. In any case it is best to write rather than phone or pop in. And when you do write in be careful not to admit that you were the driver. You are writing to the CEO as the keeper of the car, not the driver and then explain that your family went for a meal and say that the driver parked the car not you etc etc.

[askaquestion77]

Thank you very much to everyone who replied on my post! 
Yes, it’s such a shame that I chucked out all of the letters but I can guarantee that all of the letters:

the very first one NTK and a follow up reminder letter were identical to the letters shared here by someone called mystic_bertie

 

I will definitely write to the Wetherspoon’s CEO as advised and hopefully it’ll help. 

Do you still think I need to write a snooty letter ?

Who do I address it to? A Parkingeye?

 

 Sorry for asking, I just have never had any of this before

 

 I seem to have a trouble to find those letters whenever I type it in the search box. Could you please send me a link to it? 

Thank you. 

 

 

[FTMDave]

Have a look at post 59 here  https://www.consumeractiongroup.co.uk/topic/443164-ncp-pcn-new-gatwick-drop-off-zone-i-thought-i-had-paid-for-both-visits/page/3/#comments

 

If it's not post 59 it'll be a couple of posts above or below, sometimes the post count goes wonky.

 

Draft something similar and post it up.

 

And yes, as well as batting off Parking Eye you really need to get on to the Wetherspoon CEO ASAP.

 

 

[askaquestion77]

Thank you so much for your help! 
Yes, I have already emailed to the CEO of Wetherspoon and hopefully it’ll help. 

Edited May 7, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

just type no need to keep hitting quote

 

 

thread tidied

 

dx

 

[askaquestion77]

Hi everyone,

I’ve found a snotty letter which I decided to use but I’m still not sure if it’s 100% relevant to my situation. I’ll post it for you to check it. 
Apology if it doesn’t make any sense as it’s the best letter I could find and I made a few changes to it trying to tailor to my situation. 
 

“Dear Parkingeye,

 

Re: PCN no xxxx

 

Thanks for your ‘Letter of Claim’ in regards to the above speculative invoice sent out without consideration to the codes of practice laid out by UK Law and your own governing bodies.

 

You have clearly done little, to no research into the specifics surrounding the claim made against me, the registered keeper of the vehicle, in your letter. If you had done so, you would have discovered the driver  (who was not me by the way) did nothing wrong.

Your greed has also placed you in a rather precarious legal position in regards to escalating costs. As you have gone as far as threatening me with the example of some vague “Supreme Court” decision I would’ve thought you would have been familiar with the UK Government’s Code of Practice as  a private parking company.
Might I be so bold as to suggest a little homework for you all and refer you section 9 of the aforementioned Code of Practice.

 

I would suggest you to stop this course of action or be prepared for a costly experience in court. I will first be obtaining an unreasonable costs order under CPR 27.14(2)(g).

 

I really can’t say I look forward to hearing from you again.

 

Bye.”

 

Is there anything I could add to it? 
 

Many thanks. 

[lookinforinfo]

If you were dealing with an honest , respectable company that would be an excellent letter.

 

As honest and respectable are not in the description of any of the major parking companies your letter will be wasted. The whole point of a snotty letter is to put PE on notice that their case is useless and you are not afraid of going to Court plus not to give away too much information. Then they could alter their defence.

 

You can tell them that their PCN is not compliant and that you were not the driver but not give them any information on why it is not compliant. And then include a way of poking fun at them

 

 

[FTMDave]

Agree with LFI.

 

The letter isn't aggressive enough.

 

Plus it heavily emphasises the government's CoP and the invented fees each and every one of the private parking companies make up - with Parking Eye being the only exception!!!

[honeybee13]

+1. I would say assertive more than aggressive but there's no point being genteel given who we're dealing with. 

 

HB

[brassnecked]

As in maybe say, your misapplication of the Beavis Judgment as being carte blanche to charge what you want is laughable, it turns on its own facts so will shoot you in the foot relying on it.

[askaquestion77]

Thank you everyone for your advice! You’re all such legends.
Yes, I knew my letter lacked that oomph of aggression and mockery and 

 I’ll try to amend it and post it back for all of your reviews again. 

[askaquestion77]

Ok,I've just drafted another version where I've used a couple of examples from other people's letters as well as your suggestions in the previous posts.So.in some places it may look familiar for you all but I just wouldn't have enough colloquialisms and the cheek of my own to come up with something like that.So I also removed any mentioning of the COPs as Im not sure how to use it in this version .

 

“Dear Parkingeye,

 

Re: PCN no xxxx

 

Cheers for your ‘Letter of Claim’ in regards to the above speculative invoice sent out without consideration to the Codes of practice laid out by UK Law .

 

I honestly nearly couldn't type this out through the laughing tears at the thought of you expecting me to be scared of your bullying tactics. Your so called “PCN” isn’t compliant and you can bombard me - a registered keeper, who by the way WAS NOT  a driver with your robo-letter which is not worth of paper it is written on as much as you want.

 

Your greed has also placed you in a rather precarious legal position in regards to escalating costs.Your misapplication of the Beavis Judgment as being Carte Blanche to charge what you want is laughable, it turns on its own facts so will shoot you in the foot relying on it. Every time a greedy private parking company like you has taken such cases to court they have received a hell of a kicking from the judge.   

Also, 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 would also have a pleasure to sue you for breach of GDPR should you attempt to pass my personal details to both debt collectors and any legal organisation at any point in the future. So, just to remind you ,the standard for breaches of GDPR is now around £750. 

 

I look forward to your deafening silence.

[lookinforinfo]

That is a lot better. Next time my wife gets a PCN I might get you to write a snotty letter  should it get to LOC time.

[askaquestion77]

Thank you ! I'll post it  second class tomorrow and fingers crossed will never hear from them again!

[FTMDave]

Not wanting to bring down the atmosphere of celebrating insulting the fleecers - but I would change the last bit to -

 

 

Also, should this case go to court despite having pointed out the futility of doing so, I will be asking the Court for an unreasonable costs order under CPR 27.14(2)(g).

 

I look forward to your deafening silence.

 

 

- as they haven't involved debt collectors or dodgy solicitors, and typically don't do so.  Best to insult them for what they do, not what other companies do.

 

Anyway, the important thing is to show them you'd be big trouble if they did do court.

 

Well done on getting on to the CEO of Wetherspoon.

 

Also try to look up the original planning permission for the site.  It's hardly likely that a parking limit of two hours was set where there is a restaurant involved.  This is a favourite tactic of the fleecers to unilaterally change the parking limit time which is unlawful as only the council that granted the PP can make changes.

[askaquestion77]

Thanks FTMDave.  I’d definitely change that bit you suggested. 
Yes, I’ve emailed to the CEO of Wetherspoon but yet to hear from him.