Freedom of information and Parking Charge Notices - idiots guide please.

[total66fd]

Hi I have read many of the threads regarding PCNs and people like Parking Eye. Clearly the general advice is ignore the threats. BUT since the advent of the changes to the Freedom of information act late last year, where the 'debt' was able to be passed from the driver to the Registered Vehicle Keeper (how in hells name did that one get passed!!). I am unclear if the advice is still the same, namely to ignore the threatening letters......? Can someone please give me an idiots guide to the following questions...

Because clearly now the RVK is responsible and potentially could be taken to court.
If that is the case then I guess it would still be under contract law....Yes / No?

If Yes then all they are entitled to is the loss of revenue. In my case the car park was apparently free for 2 hours and since I overstayed my welcome by an hour they want £100. So in this case as no revenue was lost and the car park no where near full they would have a hard time claiming any fees....Yes / No?

I have taken photos of the car park in question following the first 'PCN' and little wonder that I was blissfully unaware of the private nature of the car park, there were no signs on entry, and only a few small unlit signs scattered about the park, but since it was dark they were virtually invisible.
So IF this went to court, should I feel pretty confident that I would win on the basis of I was unaware that a contract was being offered. Is that a proper defense..... Yes / No?

Thanks in advance for your indulgence and advice.

[bluebottle]

Re: Freedom of information and Parking Charge Notices - idiots guide please.

Hi I have read many of the threads regarding PCNs and people like Parking Eye. Clearly the general advice is ignore the threats. BUT since the advent of the changes to the Freedom of information act late last year, where the 'debt' was able to be passed from the driver to the Registered Vehicle Keeper (how in hells name did that one get passed!!). I am unclear if the advice is still the same, namely to ignore the threatening letters......? Can someone please give me an idiots guide to the following questions...

Because clearly now the RVK is responsible and potentially could be taken to court.
If that is the case then I guess it would still be under contract law....Yes / No?

If Yes then all they are entitled to is the loss of revenue. In my case the car park was apparently free for 2 hours and since I overstayed my welcome by an hour they want £100. So in this case as no revenue was lost and the car park no where near full they would have a hard time claiming any fees....Yes / No?

I have taken photos of the car park in question following the first 'PCN' and little wonder that I was blissfully unaware of the private nature of the car park, there were no signs on entry, and only a few small unlit signs scattered about the park, but since it was dark they were virtually invisible.
So IF this went to court, should I feel pretty confident that I would win on the basis of I was unaware that a contract was being offered. Is that a proper defense..... Yes / No?

Thanks in advance for your indulgence and advice.

The only time a PPC can claim is where they have suffered actual and quantifiable loss, e.g. a Pay & Display fees, plus reasonable administration costs, usually, £5-£10 at the very most. Any charge demanded must not be an unlawful penalty and they are not allowed to claim for anything over and above what they have actually lost. I can commend you to Peppipoo, another website, that specialises in this sort of matter. Give them a try.

[total66fd]

Re: Freedom of information and Parking Charge Notices - idiots guide please.

OK thanks for that. Things have moved on and I have now recieved a Court Claim Form. Asking if I want to pay it or part of it. Or disagree with the claim. I intend to dissagree and think I have enough photographic proof that the car park signage was totally inadequate. BUT do I disagree back to the court with a simple statement or do I give them the full 6 page submission I have put together?

[bluebottle]

Re: Freedom of information and Parking Charge Notices - idiots guide please.

OK thanks for that. Things have moved on and I have now recieved a Court Claim Form. Asking if I want to pay it or part of it. Or disagree with the claim. I intend to dissagree and think I have enough photographic proof that the car park signage was totally inadequate. BUT do I disagree back to the court with a simple statement or do I give them the full 6 page submission I have put together?

Register with Pepipoo. They are specialists in this sort of case and should be able to help you with the defence.

[labman]

Re: Freedom of information and Parking Charge Notices - idiots guide please.

OK thanks for that. Things have moved on and I have now recieved a Court Claim Form. Asking if I want to pay it or part of it. Or disagree with the claim. I intend to dissagree and think I have enough photographic proof that the car park signage was totally inadequate. BUT do I disagree back to the court with a simple statement or do I give them the full 6 page submission I have put together?

I agree with BB that you should register with Pepipoo. Have a look at our letter here (it's an appeal letter, but covers much of what might go into a court defence - it's here: http://www.legalbeagles.info/forums/...rking-Offences

You'll find, I think, Pepipoo themselves have differing opinions regarding the simple statement vs the full lot. Personally I'd always argue as many 'winnable' points as possible in court. It sounds like you have a very strong case, so good luck! Please let us know how you do, and if you don't mind, post up your defence on here once everything is over.

[enquirer]

Re: Freedom of information and Parking Charge Notices - idiots guide please.

OK thanks for that. Things have moved on and I have now recieved a Court Claim Form.

Is this a genuine Claim, or a threatening lookalike knocked up by the would-be claimant'? Check with the Court.

BUT do I disagree back to the court with a simple statement or do I give them the full 6 page submission I have put together?

Submit a full defence. Do however keep it clear and to the point. Attach any photographs you are offering in evidence.

[labman]

Re: Freedom of information and Parking Charge Notices - idiots guide please.

If it's Parking Eye, it will be genuine. I'm trying to get permission to post up an example court demand template from someone, but have to wait for them to come back to me.

[des8]

Re: Freedom of information and Parking Charge Notices - idiots guide please.

Might have one for you soon, Labman.
Family member deliberately made a soft POPLA appeal, as would like to go to court with Parking Eye (nothing better to do I suppose, but I'll get the job)
Following the dismissal by POPLA, PE's letter requesting a donation says "court proceedings will be issued, which will incur a number of further costs (including the £27 cost associated with taking this case to POPLA)"
I wonder how they justify including that in their costs?

[labman]

Re: Freedom of information and Parking Charge Notices - idiots guide please.

I've got a court claim - I wanted to post up a completed one (as far as is possible) to give people help, and the best possible chance of winning their case. As you will know, there are several generic paragraphs which are always included.

I don't subscribe to the theory of many sites of posting up as much information as possible. I think pick and choose information which will be of maximum use, then top up with information from knowledgeable members as needed. Rather like too many posts on a thread can overwhelm, I take the same approach to the site stickies. Having said that, I don't run the site! I just try to help in this area a bit.