Parking Eye

[Christmasfox]

Re: Parking Eye

I too have received 2 letters demanding payment. is it still correct to ignore them?
Christmasfox

[audra]

Re: Parking Eye

Hi just joined the forum as i have received parking eye fines, not sure i`m posting this in the right place but can`t find any other way if placing a new post. I first received the fine in october 2012 asking for £50 to be paid within 14 days or it will increase to £85, i had read previous forums and took their advice and ignored them. I have now received a letter from "Debt Recovery Plus Ltd" who are acting on behalf of parking eye and the fee has now increased to £135, and the letter states that if i do not pay within 14 days then the matter MAY be passed onto the landholder`s solicitors to commence county court proceedings. This is what has rattled me do i pay or do i just ignore this as well i`m a little worried as this is a bailiff service as well.

Please Help

Audra

Last edited by audra; Today at 18:02:PM.

[CleverClogs]

Re: Parking Eye

I have now received a letter from "Debt Recovery Plus Ltd" who are acting on behalf of parking eye and the fee has now increased to £135, and the letter states that if i do not pay within 14 days then the matter MAY be passed onto the landholder`s solicitors to commence county court proceedings. This is what has rattled me do i pay or do i just ignore this as well i`m a little worried as this is a bailiff service as well.

Why should that bother you?

For bailiffs to get involved, the land owner would first need to win in court and then have to enforce a judgement against a victim who refused to pay.

Another possibility is that, if you don't stump up as demanded, the debt chasers will send one, two or more increasingly nasty threat-o-grams, before simply giving up and moving on to another victim who might pay.

One might wonder if, by trying to get payment of those speculative invoices, Debt Recovery Plus Limited could have imperilled their OFT Class F Consumer Credit Act Licence.

[bluebottle]

Re: Parking Eye

Why should that bother you?

For bailiffs to get involved, the land owner would first need to win in court and then have to enforce a judgement against a victim who refused to pay.

Another possibility is that, if you don't stump up as demanded, the debt chasers will send one, two or more increasingly nasty threat-o-grams, before simply giving up and moving on to another victim who might pay.

One might wonder if, by trying to get payment of those speculative invoices, Debt Recovery Plus Limited could have imperilled their OFT Class F Consumer Credit Act Licence.

That is a distinct possibility, CC. Anyone requiring details of how to complain to OFT Credit Fitness Team, please speak up and I'll post a document I have produced that guides you through the process of submitting a complaint to the OFT's CFT.

[andyroberts1967]

Re: Parking Eye

I note you had a ticket after the law had changed on October 1st 2012. You might find this advice useful - it shows you how many times BPA have taken people to court, despite their bullying tactics, how and why their cases have collapsed spectacularly, and what information on contracts, law etc. you could use in your defence. Basically, they can only claim for their losses, which probably amount to about 50p in your case.http://www.honestjohn.co.uk/faq/priv...ing-penalties/ Let us know how you get on.

Many thanks for this response, I've not heard anything since last week, just awaiting a date from the court, hopefully to a court nearer to where I live.
That link is very useful too, I shall study that at the weekend.

[Collared Cleric]

Re: Parking Eye

A similar story to so many here - but I'm looking for the ethical way through. (Sorry - not meant to sound pompous!). I'm a clergyman, and Hopwood services on the M42 is close by and is a good "neutral" and "full public view" meeting point to listen to someone's story and try to support them in a crisis. I'd always buy coffees (so put a little trade their way) and would only expect to be there about an hour max. However, a recent conversation was longer and I've been hit with a Parking Charge Notice for being 38 minutes over two hours.

I suspected I was close to the limit, but had no idea it was so much over. I had no awareness, as the letter suggests, that I could have paid an extra fee for the extra time. (I need to check the signage). Nor did I realise that the camera measured the time I was on the car park (or possibly at the service station - no idea where the cameras were actually located) although the letter indicates that "those parking may park for 2 hours 0 minutes" and the t&cs apply to those who "park in the car park". (which to my simple mind implies being stationery).

I live close enough to go back and look at the signage and t&cs; but as I said, I want to try to apply an ethical approach - ie follow some rules which are accurate, just and fair.

so, 3 issues which I would appreciate any thoughts about:

1 I overstayed my time, therefore it is not unreasonable that I owe something.
2 What I owe should be linked the actual cost (either related to the loss experienced by the landowner - probably nil - or to the stated payment of the appropriate extra charge) plus the admin charge. It should not, as I understand, be a penalty.
3 If rules are to be followed, then the accuracy of charge notice could be challenged on two counts:
a) I am guilty in PE's eyes of having been parked for EXACTLY 2 hours and 38 minutes. They do not seem to be sure whether they are concerned about my time in the car park, or actually being parked. If the latter, then the penalty charge may be challengeable because it is wrong.
b) The letter was addressed to me using only my Christian names. Although the DVLA have my surname, it was not used by PE. Is administrative "sloppiness" an argument in my favour?

Appeal, write to POPLA and ignore is the general advice - which seems to be one ethical approach. Send a cheque (based on 2 above) with a covering letter clearly stating only to be cashed if accepted in full and final settlement is an alternative. Being charged£60/£100 feels very unethical, unfair and unjust.

Thoughts? Thanks!

[CleverClogs]

Re: Parking Eye

b) The letter was addressed to me using only my Christian names. Although the DVLA have my surname, it was not used by PE. Is administrative "sloppiness" an argument in my favour?

Verily, I say unto thee, that thou shouldst return whence it came all subsequent mail so addressed, having inscribed upon the sealed and unopened envelope that the person named thereon doth not live at thy address.

Which he doesn't.

Thou might also pray to The Lord for a plague of boils, a plague of rats or both to be visited upon the parking parasites. :grin:

[Techwreckie]

Re: Parking Eye

I too am new to this forum - and I can see I'm going to spend a bit of time here!

Although not strictly 'Parking Eye' I have received a 'Parking Enforcement Notice' (also referred to in the notice as a 'Parking Charge Notice' and 'PCN') from Civil Enforcement Ltd. for parking over the free four hour period at Thurmaston Shopping Centre. The notice requests payment of £100 (reduced to £60 if paid within 14 days).

After reading this thread I have no intention of paying this invoice.

A little bit of internet searching reveals that Thurmaston Shopping Centre is owned by Charles Street Buildings and on their website (http://csbgroup.co.uk) they helpfully have an email address. In the spirit of doing the right thing I was planning to send the email below, and I'd appreciate any thoughts on this.

Thanks

Chris



Good morning

I am in receipt of a ‘Parking Enforcement Notice’ from your agent, Civil Enforcement Ltd. This is also referred to in their notice as a ‘Parking Charge Notice’ and ‘PCN’ which is presumably to make me think that it’s some form of Penalty Charge Notice which, of course, your agent is not able to issue.

The notice requests £100 for staying longer than a ‘maximum of four hours free parking’ and states that I was parked from 11:04 until 15:55. I do not believe that the contract I entered into when I parked allows you to charge this penalty amount, but only that you can recover your loss – which would be the parking fee that I should have paid for the extra hour. If you would advise me of the fee for one hour’s parking I will remit this to you in settlement.

In the meantime I’d be grateful if you would advise Civil Enforcement Ltd. not to contact me again as I will not be paying their ‘parking charge notice’.

Yours sincerely

[bluebottle]

Re: Parking Eye

I too am new to this forum - and I can see I'm going to spend a bit of time here!

Although not strictly 'Parking Eye' I have received a 'Parking Enforcement Notice' (also referred to in the notice as a 'Parking Charge Notice' and 'PCN') from Civil Enforcement Ltd. for parking over the free four hour period at Thurmaston Shopping Centre. The notice requests payment of £100 (reduced to £60 if paid within 14 days).

After reading this thread I have no intention of paying this invoice.

A little bit of internet searching reveals that Thurmaston Shopping Centre is owned by Charles Street Buildings and on their website (http://csbgroup.co.uk) they helpfully have an email address. In the spirit of doing the right thing I was planning to send the email below, and I'd appreciate any thoughts on this.

Thanks

Chris



Good morning

I am in receipt of a ‘Parking Enforcement Notice’ from your agent, Civil Enforcement Ltd. This is also referred to in their notice as a ‘Parking Charge Notice’ and ‘PCN’ which is presumably to make me think that it’s some form of Penalty Charge Notice which, of course, your agent is not able to issue.

The notice requests £100 for staying longer than a ‘maximum of four hours free parking’ and states that I was parked from 11:04 until 15:55. I do not believe that the contract I entered into when I parked allows you to charge this penalty amount, but only that you can recover your loss – which would be the parking fee that I should have paid for the extra hour. If you would advise me of the fee for one hour’s parking I will remit this to you in settlement.

In the meantime I’d be grateful if you would advise Civil Enforcement Ltd. not to contact me again as I will not be paying their ‘parking charge notice’.

Yours sincerely

You might wish to add -

"...you are reminded that your company is 100% vicariously-liable for the actions of your contracted agent under the legal instrument of Agency. This means that both [name of landowner] and [name of PPC] can be proceeded against in the courts."

A lot of companies think that by using contractors, they are beyond the reach of the law. Er, wrong. They are equally liable with their contractor.

[busytrev]

Re: Parking Eye

I have been following this thread as a non member but I have eventually managed to create an account here.I would appreciate any advice on a parking charge notice that I received for parking in a disabled bay. The ticket was issued for not displaying a disabled badge although the person I was with is genuinely disabled and is wheelchair bound and we were waiting for the disabled permit to be issued which we now have. I appealed the original ticket and was given 35 days to provide proof of the disabled permit.Unfortunately it took longer than 35 days for the council to issue our disabled badge.I have since received 2 letters from Debt Recovery Plus Ltd saying that if I don't pay them £160 then they will obtain a ccj against me. I contacted them and provided copies of the disabled permit they then reviewed the decision and said that if I pay £15 then the matter will be resolved. I know £15 is nothing and won't bankrupt me but out of principal I am reluctant to give them any money they stated that the £15 is to cover dvla costs etc even though I provided them with my details so they would have had no need to contact the dvla. Should I pay the money and have they got any powers to enforce the payment.

[CleverClogs]

Re: Parking Eye

Will they sue for £15?

[bluebottle]

Re: Parking Eye

I have been following this thread as a non member but I have eventually managed to create an account here.I would appreciate any advice on a parking charge notice that I received for parking in a disabled bay. The ticket was issued for not displaying a disabled badge although the person I was with is genuinely disabled and is wheelchair bound and we were waiting for the disabled permit to be issued which we now have. I appealed the original ticket and was given 35 days to provide proof of the disabled permit.Unfortunately it took longer than 35 days for the council to issue our disabled badge.I have since received 2 letters from Debt Recovery Plus Ltd saying that if I don't pay them £160 then they will obtain a ccj against me. In their dreams. I contacted them and provided copies of the disabled permit they then reviewed the decision and said that if I pay £15 then the matter will be resolved. How does a big fat zero and an injunction and costs order against them and their parasitic client sound? I know £15 is nothing and won't bankrupt me but out of principal I am reluctant to give them any money they stated that the £15 is to cover dvla costs etc even though I provided them with my details so they would have had no need to contact the dvla. Send them a copy of the Fraud Act 2006, highlighting Sections 2 and 12. It only costs them £2.50 to get the information from DVLA. Should I pay the money Definitely not! and have they got any powers to enforce the payment. Not unless they want the claim struck-out and a costs order made against them.

Making an unwarranted demand, that is, a demand you do not have a right in law to make, and at the time of doing so using menaces (threats) as a means of enforcing the demand is a serious criminal offence. The other matter that comes to mind is that Debt Recovery Plus could be putting their OFT debt collection licence at risk of being revoked by their actions.

[busytrev]

Re: Parking Eye

Haha love your post bluebottle looks like I'll be telling them to fook right off..Although I might have some fun with them first..Thanks for the information

[CleverClogs]

Re: Parking Eye

Although I might have some fun with them first..

How?

[Techwreckie]

Re: Parking Eye

Hi

After a bit of advice from the forum I sent off my email to CSB Group, the owner of Thurmaston Shopping Centre - and I got a reply from their Director, Group Solicitor:

"Thank you for your email.

The terms of the contract upon which parking at Thurmaston Shopping Centre is permitted are displayed on signs at the entrance to the car park and throughout. These include reference to a penalty charge amount in the event 4 hours free parking is exceeded.

Both CSB and Civil Enforcement Limited are well aware of the legal position concerning their relationship and use of the car park. If you wish to dispute the charge it is a matter for you, but please note that any correspondence should be directed to Civil Enforcement Limited.

Kind regards

J J Murphy

Director
Group Solicitor

Charles Street Buildings Group"