ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside Retail Park, Chelmsford, Victoria Road, Chelmsford, Essex, CM1 1AN

[Reds123]

Please suggest .

We went to the retail park with 3 children and partner on 27/4/22.Little one 6 month old.

Happened to spend time at Mc Donald’s and Matalan .

Overstayed the 2 hours limit. 

Please guide as to how to save myself needs to be paid in 4 days!

 

 

[honeybee13]

Hello, welcome to CAG.

 

Thank you for the PCN. Could you also let us have the information requested in the forum sticky please? That way we can advise you. Please don't appeal to the PPC or anyone else until we've had a look.

 

Best, HB

 

 

[Reds123]

Please answer the following questions.

 

1 Date of the infringement :27/04/2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - fine issued on 30/04/22

 

3 Date received 09/05/22
 

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 Na
 

7 Who is the parking company? Parkingeye

 

8. Where exactly [carpark name and town] Riverside Retail park, Chelmsford 

 

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

If you have received any other correspondence, please mention it here/no

 

 

PCN.pdf

[dx100uk]

pcn properly redacted, and placed in the sticky reply post - you forgot your reg number in the text on both pages...

 

sit on your hands await the NTK.

 

dx

 

[Reds123]

Thank you for that.

Why wait for an NTK ?

Could you please explain?

I am worried because as you see If I pay in 2 days I can get away paying £50.

[Homer67]

stop taking this so seriously, it is not a fine and the PPC cannot do anything to you and cannot demand more money, you never appeal as that could remove your rights under POFA.

Just wait to see if you get a Letter Before Action, up to that point you'll get loads of threatening letters that are powerless bluster.

If you get an LBA you respond with a snotty letter, in the mean time do some reading on here and find out what the planning permission stated was the maximum parking time for that car park (local council will tell you).

[dx100uk]

5 hours ago, Reds123 said:

Thank you for that. Why wait for an NTK ? Could you please explain? I am worried because as you see If I pay in 2 days I can get away paying £50.

You don't pay anyway 

It's a speculative invoice because the driver broke some imaginary contract that might or might not exist between the landowner and the PPC.

 

You need to read a good few 10's of threads here and get up to speed 

 

Dx

[Reds123]

Tried looking up Chelmsford council website, but couldn’t get the required information. Any help here will be much appreciated. Thank you.

 

[FTMDave]

That's because it's probably not there - i.e. the fleecers haven't bothered with planning permission, which is a criminal offence.

You can pay £50 and the matter would end there.

Or you can decide to fight these complete charlatans with their illegal signs and absurd time limits in retail parks where families with children go to shop and to eat.  If you decide the latter we will help all the way.

[Reds123]

I choose not to pay  and hope to be supported all the way. But worried as I am struggling to get information.

[Homer67]

So for the moment you do nothing other than read as many threads as you can about these and maybe take some photos of the current signage as you enter and exit the car park.

 

Be prepared for lots of threatening letters none of which mean anything and keep your eye out for a letter before action.

[lookinforinfo]

Their  PCN is not compliant with the Protection of Freedoms Act 2012. Therefore PE cannot transfer the alleged debt from the driver to the Keeper. You have done well not to appeal so PE does not know who was driving and as anyone who has an insurance policy is able to drive your car.

 

I know the poor dears think their PCN is compliant but it is not and one of these days they will find out- but that is for the future.

 

The reason for the non compliance is that instead of providing the period of parking they provide the arrival and departure of the car. Big difference especially with three children on or two perhaps needing to be strapped in to a baby car seat which also adds to the time being parked therefore less time  being over the 2 hour  waiting time-perhaps even being less than two hours and ten minutes since there is a minimum grace time of ten minutes. 

 

So if you work out the time to drive from the entrance then find a place to park; then actually park it correctly between the lines and then get yourselves and three children out of car that is the start of the parking period.

Next you all return to the car, load up the boot  with goods lad up the children, return the trolley and then go back to the car and turn on the engine and pull out if all is clear. That is the end of the period of parking. 

The time it takes to move out of the parking space  and reach the exit does take several minutes and will depend on how busy the car park is at the  time.

 

 

If you don't live too far from the car park  photographs of the signs, especially the entrance sign , any sign s by the pay machine if there is one and pictures of signs that have different wording on them. Please try and ensure that once the pictures are taken they can be read by geriatrics like me when posted here.

 

So well done for not appealing so that PE do not know who was driving. That is important since it may have been your spouse, a relative or even one of the older children-even on L plates that could have been driving. That is why we advise not to appeal since one can inadvertently slip up and say that I did something rather than the driver did something-it is an easy mistake to make.

 

 

 

 

 

 

 

[Reds123]

Hello again. I have received a letter before action.

Can you all help and guide me now please?

 

How do I write the snotty letter please?

thank you.

 

 

LBC .pdf

[dx100uk]

our enhanced google searchbox

 

snotty letter

 

have a go we'll help.

 

dx

 

[Reds123]

Sure. 

[lookinforinfo]

Rather than a snotty letter this time perhaps one that gets them thinking whether to drop this.

 

I had to laugh when I saw how quickly you have pushed this case through to threatening Court action. Could it be that as the Private Parking Code of Practice has been temporarily withdrawn you though you would sneak this one through hoping that Judges and motorists hadn't read it?

Oh dear. A PCN that is non compliant, no Council planning permission and you still don't know who was driving. No wonder you do not want to serve up this junk of a case after the whole of the new Act comes into force.

What? You didn't know some of it has already been in force? That the  BPA Code of Practice has not been complying with the Law?

 

And who do you choose as your legal aid?  Gladstones? They may not be the worst solicitors in town, but if the worst one does close down Gladstones should be worried. Elms? No sniggering at the back. QDR? Seriously? There is always DCBL if you want to lose a case. Mind you they are all incompetent and perhaps more interested in garnering their own fees rather than trying to win an unwinnable case for you.

The gravy train has come to a halt. If you have any sense, or should I say if you can see beyond your usual greed, this is one you should pass on.

[FTMDave]

That's an excellent letter from LFI.

 

Send it off 2nd class post and get a free Certificate of Posting from the post office.

[Reds123]

As an expert on this you seem to know what you are talking about. I do not get the details here. Sounds Greek and Latin!! I know you are trying to be helpful 
 

Am lost as to how to write a snooty letter.Should I write one  in the first place?  If I write one , and say with three kids I need time to get in and out and time to get out , it would be accepting that I was driving.

 

I live far from the parking site of the incident. So I can’t go back to get photos.

 

Please can someone explain in simple English? 
LFI do you think they would drop it?

 

what should I be doing? Am lost.

 

LFI you are saying that PCN is non-complaints , why do you say that please?

 

No council planning permission? Are you sure? Although I did look up I could not find it. May be there is something and I have missed it.

 

what is the new Act? Please could you elaborate?

[FTMDave]

CAG is a self-help site.  Surely you've been reading other Parking Eye threads to get the gist of the legal process and what will happen next?  There are numerous references all over the forum about a new Act as the government is in the process of regulating this horrible industry (which of course the private parking companies don't like).

 

Recently someone didn't reply to a Parking Eye LoC.  The result was that PE reckoned that as they had ignored a LoC they might also ignore a claim form and so raced to start a court claim in the hope of getting a default judgement.  That is what will happen to you if you don't reply.  Especially as you overstayed for nearly 40 minutes.

 

They might still start a court case even after receiving a snotty letter, there are no guarantees, but what LFI has drafted will at least make them pause for thought.  You are showing you know the law and are aware of their shenanigans and would be a big pain in the backside for them if they did do court.  Generally - not always - they go after some mug who it is easier to bully into coughing up.

 

LFI has already put the work in here for you.  All you have to do is copy LFI's letter, stick in the PCN reference, and send it.  As already scribbled, send it off 2nd class post and get a free Certificate of Posting from the post office.

[dx100uk]

[Reds123]

Thank you FTMDave. You have simplified it. Will draft a letter and come back for openions. Thank you.

[lookinforinfo]

There is a new Act coming in to force which clarifies the current Protection of Freedom Act 2012.

One of the things it does is to confirm that the ANPR camera cannot be the period of parking as once you have entered the car park you have first to tfind a parking place-in your case probably a parent and child place. They may be full and you have to wait for a car to pullou

 

Then you have to manoeuvre your car into a space perhaps taking a couple of tries to get the car completely between the lines. This is the driver doing all that, not the keeper. Then the children have to be unbuckled and once everyone is unloaded, the car locked and the parking T&Cs read, the parking begins.

On returning to the car, the children  are rebuckled in, the trolley unloaded and returned to its place before moving away from the parking spot. That is the parking period not the rubbish they claim with the ANPR cameras.

 

Here is the new Act. Some of it should already be included in present cases but are not since it would cramp their style[ ie they would not be able to rip off motorists ] so they don't want to use it. At the moment the Governmant has temporarily withdrawn it because BPA have objected to it [they know the gravy train is coming to and end so they are stalling. Nevertheless  the Law is coming and as it is the will of parliament, Judges are likely to agree with motorists rather than the parking rogues.

 

https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice#duration-of-parking-period

 

 

[Reds123]

Thank you LFI.

[Reds123]

Dear Parking Eye,

Re: PCN no. ........

Cheers for your letter dated 18/06/2022, which I'm guessing was your teaboy's attempt at writing a Letter Before Action.  I had a good laugh at the idea that you really think a motorist would take such tripe seriously and would actually cough up.

I would like to highlight that there is no cause for claim as there is no contract between us. 

Could it be that as the Private Parking Code of Practice has been temporarily withdrawn you though you would sneak this one through hoping that Judges and motorists hadn't read it?

Oh dear. A PCN that is non compliant, no Council planning permission and you still don't know who was driving. No wonder you do not want to serve up this junk of a case after the whole of the new Act comes into force.

What? You didn't know some of it has already been in force? That the  BPA Code of Practice has not been complying with the Law?

And who do you choose as your legal aid?  Gladstones? They may not be the worst solicitors in town, but if the worst one does close down Gladstones should be worried. Elms? No sniggering at the back. QDR? Seriously?

There is always DCBL if you want to lose a case. Mind you they are all incompetent and perhaps more interested in garnering their own fees rather than trying to win an unwinnable case for you.

The gravy train has come to a halt. If you have any sense, or should I say if you can see beyond your usual greed, this is one you should pass on.

Now you know and I know and now you know that I know all the reasons why your claims against motorists parking at the Riverside retail park Chelmsford are complete pants.

  If you want to go to court, fine, I will go for an unreasonable costs order under CPR 27.14(2)(g) and then spend it all on a foreign holiday after borders reopen while laughing at your expense.

I look forward to your deafening silence. 
Above is the content that you have given me here and on various threads earlier. Would this be good enough?

Need to respond soon as the 30 day cut off is close.

 Thanks a ton for all the guidance.

Experts please suggest if the above letter would be good?  It is it too snobbish?

[FTMDave]

The letter is fine