ParkingEye

[AEMON1]

In April one of our cars was parked in a ParkingEye managed car park. The driver put £1.50 into the machine but could not remember the registration number. The driver left the machine, got a piece of paper and copied down the registration number. On getting back to the machine it was noticed that a ticket was waiting there. The driver looked at it to see it had £1.50 on it but did not notice that the registration was not the same as our car’s. The driver put the ticket in the car. A week later we got a letter demanding £100 discounted to £60 (!!) for prompt payment. The letter was ignored. As were the next two. A fourth letter arrived the title: LETTER BEFORE ACTION across the top in red letters. The letter is demanding £100 from the registered keeper or further action will (bold letters) be taken and court proceedings (bold letters) will be issued. The letter also makes reference to Schedule 4 of the Protection of Freedom’s Act which they state makes the registered keeper’s liability has been met. Any advice?

[mystery1]

Re: ParkingEye

When was the car parked and when did the notice to keeper arrive and dated when ?

M1

[bluebottle]

Re: ParkingEye

PPCs are being found, more and more, to be misrepresenting the Protection of Freedoms Act 2012. Technically, it is Fraud by False Misrepresentation. Making threats as a means of attempting to extort money from motorists, especially if the person/company making the demand has no right in law to do so, is Blackmail. These are both serious criminal offences and carry custodial sentences of 10-14 years. Fraud can be pursued against individuals AND companies. Blackmail can only be pursued against an individual. The next best thing, where a company is making the demands and threats, is to use the civil remedy provisions under Section 3, Protection from Harassment Act 1997. Quoting Ferguson -v- British Gas Trading [2009] can shut up companies who think they can threaten and bully people with impunity.

[AEMON1]

Re: ParkingEye

Car parked 20th April 2013.
First letter dated 26th April for £60 for prompt payment. 2nd 5th May. 3rd (for £100!!) 30th May. The last letter (so far) dated 1st July but we did not receive it till Friday 5th saying we must pay it within the next 14 days to avoid their further action. Is that from when we received it or from their date?

[AEMON1]

Re: ParkingEye

Thankyou.

[AEMON1]

Re: ParkingEye

Hi M1.
Thankyou. I have a reply further down. I'm not used to this website /forum yet so my posts may not be in the right place.

[mystery1]

Re: ParkingEye

To take action against the registered keeper they have to have complied with POFA 2012.

http://www.parkingcowboys.co.uk/keeper-liability/

Now if they haven't complied you have a pretty iron tight case at court. However you may wish to go back to them and name the driver to restart the process of appeal (declined) popla (win). If the driver is named before court action has commenced then they have no right to sue the registered keeper under the protection of freedoms act 2012 schedule 4.

M1

[AEMON1]

Re: ParkingEye

Thankyou.