PE ANPR PCN - appeal+popla both failed- Claimform - Royal Preston Hospital – Public A, Sharoe Green Lane, Fulwood, Preston, Lancashire, PR2 9HT

[Vondoothoven]

I have recently received a Claim form from P.E. as I 'failed to pay' £2.70 at Preston Hospital last year despite me having signed up with the Good2go app (a so called easy way to pay) as my bank details changed and I forgot to update the app. 

Good2go emailed me the next day stating they had tried to take the payment 3 times and to update my details which I did and lo and behold, got the PCN from P.E. I appealed it stating with no luck and lost with POPLA as well.

I have looked at other threads on here and will copy a defence plus the good2go angle. Btw, I emailed the latter who said they couldn't do anything as the PCN had been issued. 

I live local to Preston and armed with the Proof of Service, went to their address in Buckshaw Village which is a modern nondescript building hoping to speak to someone and come to some sort of mediation or even get it withdrawn. You would think their offices would be an absolute hive of activity but it was really quiet and I only saw 3 employees, a guy smoking outside who helped me enter the offices as the door was locked and no one was answering the intercom, a female receptionist and a guy I spoke to who never gave his name. He informed me he couldn't do anything about my case as the claim form had been issued and the enforcement team where 'unavailable', but he gave me their email address. 

I forgot to ask the guy was Good2go was based there as well and could see no evidence, reference or logos to them at all even though they are registered at the same address, 40, Eaton Avenue, Matrix Business Park, Buckshaw Village, Chorley, Lancs, PR7 7NA. A tad cosy, eh? 

I also emailed the local newspaper today, Lancashire Evening Post but no reply yet.  I know that a lot of local people are having problems with P.E. who are definitely in cahoots with Good2go fleecing parkers for years. 

 

[dx100uk]

not the way to deal with a claimform.

 

please complete this:

 

 

[lookinforinfo]

Vondoothoven DX is right the only choice  you have initially is to reply to their Letter of Claim. If you go chasing around the country trying to get it cancelled you will have  CCJ before you know it.

Please follow the instructions above on post 2 so we can see what they have on you. Then you can respond showing them that you are going to fight them if that's what you want. It may well be that there is a way to get out of paying anything but obviously we will need some info from you -and that starts with the Claim form.

Once we have and your PCN as well as some dates it will give us a clearer picture of the situation. The chances of anyone being able to cancel the Claim form is so very remote as to be a forlorn hope. Especially as to PE you are acting scared enough to end up paying them. So why would they cancel when you are getting nervous.

[Vondoothoven]

Name of the Claimant :  Parking Eye Ltd    

Claimants Solicitors: Jayne Leonard (Legal Representative)

 Date of issue – 30^th May 2023

 Date for AOS – Completed 9.6.2023

Date to submit Defence – 30.6.2023

What is the claim for – .

1. Claims for monies outstanding from the Defendant in relation to a Parking Charge (ref **********/**********) issued on 04.10.2022.

2. The signage clearly displayed throughout Royal Preston Hospital – Public A, Sharoe Green Lane, Fulwood, Preston, Lancashire, PR2 9HT states that is private land, managed by Parking Eye Ltd, and that is subjected to terms and conditions, including the payment of parking tariffs, by which those who park agree to be bound (the contract),

3.Parking Eye’s ANPR system captured vehicle ********* entering and leaving the site on 26.9,2022, and parking without a valid paid parking ticket and parking tariffs apply after a free stay period.

4.The defendant appealed to POPLA, the independent service for parking on private land, and this was rejected.

What is the value of the claim?

Amount Claimed  £70.00

court fees              £35.00

legal rep fees        £50.00

Total Amount       £155.00

Have you moved since the issuance of the PCN? No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Yes and did not reply.

 ...............

 Thanks very much, DX and Lookin. Notice in the POC there are 2 reference numbers as P.E. sent me a PCN for a non payment (forgot to pay the next day) in Manchester but was 2 weeks after the date so they withdrew. I think they are out get me. Lol. 

I am not sure about the deadline date though, is that 33 days after 30th May or 14 days after AOS which was 9th June.

I am not used to these Claim Forms, btw, as I had a run in with other parking companies years ago and it was all DCA's who I ignored. 

[FTMDave]

Well done with AOS.

I reckon the defence deadline is 1 July.

[dx100uk]

nope 30th june defence due....1st is a w/end.

....................

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

[Vondoothoven]

Thanks DX.

AOS successfully submitted but took me ages to find the password on the claim form.

Will start the CPR31 tomorrow.

Cheers

[dx100uk]

do NOT miss your defence filing date regardless

thats further down in the court Q&A sticky you filled out

[lookinforinfo]

While you are waiting for a reply from the CPR, could you please answer  the following questions which will help you in your defence should they decide to go to Court. They don't always and even when they do they still back out o occasion often when they see the motorist is not going to back down or pay up.

 

[Vondoothoven]

DX, CPR edited and will be posted today.

Just wanted to double check - it goes to P.E.'s solicitor, ie, Jayne Leonard, (Claimants Legal Representative)?

Lookin, please find mostly completed questionnaire. 

The P.E. reply to my appeal was in PDF format with ref numbers showing so had to C&P. 

1 Date of the infringement 26.9.2022..

2 Date on the NTK  Cannot find NTK.

3 Date received 5.10.22

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] Yes, appealed online to P.E.

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

Dear Sir / Madam,

Thank you for your appeal in relation to the Parking Charge incurred on 26 September 2022 at 09:45, at Royal Preston Hospital - Public A car park.

We have reviewed the details outlined in your appeal, but we are not in receipt of sufficient evidence to confirm that the terms and conditions were not breached.

Our records confirm that the relevant tariff wasn’t purchased on the date of the parking event, despite there being multiple payment methods available.

We are writing to advise you that your recent appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure.

If you wish to have your case independently assessed, please be advised, there is an independent appeals service (POPLA) which is available to motorists who have had an appeal rejected by a British Parking Association Approved Operator.

Contact information and further information can be found enclosed.

See also www.popla.co.uk By law we are also required to inform you that Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal.

However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above. Please note, if the Parking Charge was issued in Scotland/Northern Ireland, only the driver can appeal to POPLA (Parking on Private Land Appeals).

As a gesture of goodwill, we have extended the discount period for a further 14 days from the date of this correspondence.

If you appeal to POPLA and your appeal is unsuccessful you will not be able to pay the discounted amount in settlement of the Parking Charge, and the full value of the charge will be outstanding.

If you have already paid the reduced amount, the Parking Charge will be increased to the full amount and the remaining balance will be due.

A payment can be made by telephoning 0330 555 4444, by visiting www.parkingeye.co.uk/payments or alternatively by posting a cheque/postal order to Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ.

Please ensure you write your reference number on the reverse of any cheque/postal order so the payment can be allocated. Parkingeye Limited, 40 Eaton Avenue, Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454 If you have received this correspondence via email, please allow 24 hours for our systems to reflect the discounted value before making a payment via our automated payment line or website.

Yours faithfully, Parkingeye Team

7 Who is the parking company? Parking Eye Ltd

8. Where exactly [carpark name and town] Car Park ‘A’, Royal Preston Hospital, Sharoe Green Lane, Fulwood, Preston, Lancashire, PR2 9HT

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

If you have received any other correspondence, please mention it here.

I received a ‘Letter Before County Claim’ on 23.2.23 with the parking charge increased to £70, information page, financial statement page including income/expenditure and reply form. I did not reply.

 

[lookinforinfo]

Did you say that after you updated your bank details with Good2go your payment went through?  If so can you please confirm when the payment was made. I imagine that the PCN would have been sent on the 30th September.

If that is the case, PE haven't a hope in hell of winning in Court so go about your life without getting worried . They may well drop the case at the last minute when they see you are not going to pay them and they have no chance of winning if you turn up in Court.

In addition to the CPR request  you should also send them an SAR since they do not have to respond to your CPR and if they send their WS to you at the last moment it leaves it kind of late to see their original PCN. And that notice from them  is not always perfect and could help your case even more.

[Nicky Boy]

Also, it isn't quite clear from your posts whether you've communicated / been communicating with the fleecers by email?

If so, you must also write telling them that email is not to be used for any further communication.

[Vondoothoven]

Lookin

- no, for some reason the payment wasn't taken out after the original email warning about the 3 attempts unless I made an error updating the new bank details which I very much doubt as I as I always double check. I also topped my account up with £10 on 2.6.23 but still nothing taken out. I have PDF'd 2 emails from them, the very first one and one where they explain the 3 withdrawal attempts.

I have also included a link for Lancashire evening post where P.E. did not get planning permission for their parking signs at Chorley & South Ribble Hospital years ago and were not prosecuted for some strange reason. That may help parkers who received PCN's from there hopefully.

Nicky,  I have emailed good2go to try and get this sorted but they were no help and you can read 2 of them on the PDF. A P.E. employee gave me their enforcement team's email when I recently called at Buckshaw but I haven't contacted them due to warnings seen on here.

First Email from Good2go on 27.pdf

[brassnecked]

Good2go might have given up  if the three attempts were prior to the update, as perhaps their system cancels payment after 3 refusals?

[Vondoothoven]

Brass, I never thought of that and that could be the case okay on why my payment hasn't gone through and my £10 top up is untouched.

[Vondoothoven]

Hi folks. The deadline for my appeal is the 30th June and not sure what way the system works and obviously want to get it right.

 I take I post my N9B defence to P.E. as well as filling in the Government Gateway appeal?  Is it a 'soft' appeal for both and the most important one is the Witness Statement down the line? 

 

Thanks in advance!

[dx100uk]

 are you going on about appeal...

 

On 10/06/2023 at 15:18, dx100uk said:

do NOT miss your defence filing date regardless

thats further down in the court Q&A sticky you filled out

the forms are simply for ref now as you are using mcol. 

go READ OTHER PCN CLAIMFORM THREADS HERE.....

 

dx

 

[Vondoothoven]

Yes Dx. Sorry as I am not sure what the process is.

[Nicky Boy]

Enter your defence on mcol.

If you read other threads, you'll find out what you need to do.

You'll need to understand what your case revolves around anyway, because if it comes to it you'll be the one in court.

So, get reading up...

Edited June 19, 2023 by Nicky Boy

[Vondoothoven]

Thanks Nicky!

[FTMDave]

If you read this short thread, it goes through all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

 

[Vondoothoven]

Thanks Dave - cheers!