Parking Eye PCN Claimform - Goodmayes Hospital, IIIford , Goodmayes Hospital, Barley Lane, Ilford , IG3 8XJ

[brassnecked]

Yes that letter with Dave and Nicky's amendments should leave the CEO with no illusions as to their ability to cancel. The original snotty letter is evidence that PE should have pulled back at that point.

[Reapstar]

Another email just came through :
 

"As of this afternoon we have since heard back from Parking Eye and understand that they have been in touch with yourself to offer a settlement figure.  With this in mind, and in addition to the below, there is no more action that NELFT are able to take on this matter.

 

I do hope this settles the issue for you."

I am a bit disappointed with their attitude. A settlement figure to settle extortion, but at a lesser rate?

I haven't responded as yet, I will do later this evening. 
 

Edited July 25, 2023 by Reapstar

[Nicky Boy]

Very fortuitous timing for your own reply.

Just modify lhe text...

You may or may not be aware that Yes, Parking Eye have written to me offering to settle the outstanding PCN by payment of £70.

This is to say the least, disingenuous. Parking Eye have paid a £35 claim fee to start the vexatious court action. That is the limit of any extra costs they have incurred.

[Reapstar]

Cheers Nicky!

"Thank you for your email.

 Unfortunately, as previously advised, NELFT have pursued this as far as we can, however there is no more that we can do due to the time lapsed between the fine being issued.  This will be a matter for you to take forward directly with Parking Eye.

 Many thanks"

That was a bit of a blunt and disappointing reply. 

[honeybee13]

It sounds like a cop out.

HB

[Reapstar]

What tools/words do I have at my disposal to pressure them into performing their duty? After-all, we are correct, they work for us (the public) and must therefore do as instructed, no?

[Nicky Boy]

Definitely a cop out...

The "reasons" given for not being able to intervene are extremely vague and wooly.

When Estates attempted to cancel, the response from the parking eye system was:-  “Cancellation request has been aborted, a pending request for this case already exists”

And

"however there is no more that we can do due to the time lapsed between the fine being issued"

Maybe one last email attempt?

Parking Eye are your agents, directly employed by you I fail to understand why you cannot cancel this charge in accordance with Government Mandate.

Your comment: "however there is no more that we can do due to the time lapsed between the fine being issued" is a little puzzling.

Please could you forward me a copy of your contract with Parking Eye, highlighting the section which prevents you from cancelling PCN's. (This could be useful later, if they comply.)

Whatever happens, I shall not be paying this charge and if it degenerates into legal action, with Parking Eye being an agent of Goodmayes Hospital, the Hospital will quite possibly be involved as a third party.

 

Maybe too pushy? See what the others think...

Alternatively, (Wince!) because of your circumstances you may still, sadly, end up paying the fleecers something to get it stopped.

[Reapstar]

Cheers Nicky, I will wait for the others to catch up and see what everyone is saying. In the mean time, have a wonderful day!!

[lookinforinfo]

Sadly getting a private PCN for the first time  requires a steep learning curve if you need to get the PCN cancelled By  your own admission you sat on your hands whereas had you  appealed to NELFT early on they might have been able to get the PCN squashed or even quashed.

Leaving it until after a Claim form has been issued makes it a mountain to climb for PALS as PE will have incurred costs in getting to that position..

All is not lost though. PE will have to send the contract between the hospital and themselves which could a help for you. 

Also when you posted up their original PCN it did not show the part about transferring the debt from the driver to the keeper. PE usually get this right but when they don't the keeper is then not liable for the charge. So could you please post up the front and back of the original PCN.

I personally am surprised that the hospital would have agreed to only a thirty minute parking time which is far too tight for even healthy people to get in, see a doctor and get out again. Good business for PE of course.

There is one thing I noticed on the PCN that could help. One of the stipulations on the Protection of Freedoms Act 2012 is that the parking period is specified on the PCN. PE have not done that. They have entered the time of arrival and departure using their cameras. As cars have to drive from the entrance to a parking spot and then later drive from that parking spot to the exit, that cannot be described as a parking period.

Schedule 4 Section9 [2][a] of the Act states -

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

In Court "Must" is important and they have not quoted a parking period at all. 

[FTMDave]

In a rush for work now, but can you please upload the letter from PE?  We need to see exactly what they've promised.

[brassnecked]

Letter from PE as per Dave and the original PCN if possible there are flaws as LFI indicatyes in their case and if it ends up in court the 30 minute allowance of itself would not be in their favour

 

[Reapstar]

Hi Brassnecked, which letter from PE do you mean, the original PCN was way back from last year and not available to me, I have uploaded what they sent to me however?

[Nicky Boy]

The one with the 70 quid offer

[Reapstar]

PEYEOFFER.pdf

[lookinforinfo]

What you uploaded of the PCN was not complete and may help to avoid your Mother from being liable. Is it possible to show the whole PCN.

[FTMDave]

I think we have to be realistic at this point.

Getting the hospital to intervene and force the fleecers down from £185 to £70, with litigation going on, is one hell of a result. 

No way were the fleecers going to cancel in the middle of a court claim and no way were the lazy hospital authorities going to force them.

Of course the legal position is that the OP really owes £0.00 due to the insufficient, entrapping signage, so paying anything sticks in the throat

4 hours ago, lookinforinfo said:

Sadly getting a private PCN for the first time  requires a steep learning curve if you need to get the PCN cancelled By  your own admission you sat on your hands whereas had you  appealed to NELFT early on they might have been able to get the PCN squashed or even quashed.

Leaving it until after a Claim form has been issued makes it a mountain to climb for PALS as PE will have incurred costs in getting to that position..

Indeed and this lesson needs to be learnt for the future..

Personally i think the OP needs to make a decision.  Pay £70 you don't owe or get mother to fight it in court.  It's now one or the other.   

[Reapstar]

There is still no signage upon entry which to me is the whole point. No sign, no contract, no contract no case.

 

Perhaps ParkingEye will decide that given the circumstances, it will not be worth paying additional monies to proceed? 

[Nicky Boy]

They will not accept whatever you say.

To get your points across, you'll have to go to court. 

And your personal circumstances won't allow that?

[brassnecked]

Nicky Boy is correct you pay up or do court sadly

[Reapstar]

I appreciate what you guys are saying but, there is no contract which means there can be no case, I will speak to her today and see if she is up for raising a couple of specific points, i.e. no contract, no signage to create contract, plus it appears as others have mentioned that 30 minute stay is unreasonable, so it appears there are many points in our favour?

In my opinion, ParkingEye would not have offered such a massive discount if they know they can extort a higher amount. What do you guys think?

 

[honeybee13]

NB and Brassnecked told you what they think yesterday. You and we may have to agree to disagree on this...

HB

[Reapstar]

Sorry HB, I was under the impression that they had no case against her?

[Nicky Boy]

Ithink HB was referring to the choices you have of paying or fighting.

[Reapstar]

Ahh ok, yes I agree there, but with regard to my post? Surely she is in a position to defend herself, PE have to pay to proceed I believe? Surely their chances of securing a win are dwindling now?

[Nicky Boy]

So, have you had a chat with Mum? Is she up for a court appearance?

If so, the team will offer their help.

Yes, your case is good, but... there's always what's known as Judge lottery.

If you get one in a mood, or not really up to speed, or any other number of things, it could go pear-shaped.

No guarantees... However, we've an 85% success rate in court helping other Caggers.

Is mum the "charming little old lady" type?

------

This is a frustrating situation.

Reapstar appears to be the type of user we like here... Up for the fight.

Unfortunately, his personal circumstances make it difficult.

Another thought comes to mind...

Reapster could out himself as the driver (thus losing his POFA protection) and fight on with the other good points mentioned.

The only issue then would be his extended time out of the country. I'm not sure whether the Courts would allow him to explain this during the process and push back the case for 6 months. (cant remember the document which holidays, etc are declared on).

The alternative could be a remote hearing on the phone, zoom, etc?

Thoughts guys?

In the meantime, it might be worth a go at contacting the fleecers offering to settle their true costs of £35?