Parking Eye

[bluebottle]

Re: Parking Eye

They would be very unwise to attempt to pursue a civil claim. Parking Eye ended up around £5,000 out of pocket after trying to extort a "penalty" from a motorist. The judge hearing that case, struck out the penalty and Parking Eye's solicitors' costs. OPC and its directors were fined £30,000 by a magistrates court and Vehicle Control Services had their claim struck-out and were ordered to pay costs to the motorist they tried to fleece.

Paying the parking fee and making it quite clear to the PPC that is all they are legally-entitled to demand is all you should have to do. A court is unlikely to have any truck with a PPC that tries to unjustifiably enrich itself by trying to claim a sum of money current legislation states they are not entitled to demand. Both the PPC and Debt Collection Plus Ltd need to be put on notice that their actions amount to harassment under the Protection from Harassment Act 1997 and they could both be liable to unlimited civil damages if they do not desist immediately. A company can be held liable for any course of conduct amounting to harassment following the High Court ruling in the case of Ferguson -v- British Gas Trading Ltd 2009.

[suedob]

Re: Parking Eye

Is it your opinion that they will still take it to Court or realise they don't stand a chance if they did?

[bluebottle]

Re: Parking Eye

Thanks for that, they haven't actually said how much the parking fee was, i looked it up on the internet, you are allowed 20 mins grace period and then it is £1.80 up to 1 hour and £3.20 up to 2 hours parking (we were there 1hr 15 mins), they are now demanding £140 to be paid within 7 days of the date of the letter (10th Sept).

I would offer them no more than £2.00. Pay by cheque and write the words "Full and Final Settlement" on the front of the cheque. Make it quite clear to the PPC they are entitled to no more than the parking fee.

Report them and Debt Collection Plus Ltd to Trading Standards. Debt Collection Plus should also be reported to OFT Credit Fitness Team as advised previously.

[suedob]

Re: Parking Eye

Thanks for that, they haven't actually said how much the parking fee was, i looked it up on the internet, you are allowed 20 mins grace period and then it is £1.80 up to 1 hour and £3.20 up to 2 hours parking (we were there 1hr 15 mins), they are now demanding £140 to be paid within 7 days of the date of the letter (10th Sept).

[bluebottle]

Re: Parking Eye

I am now on my second threat letter from 'Debt Recovery Plus Ltd' advising Notice of Intended Litigation, telling me how much they intend to recover from me and that i will have a CCJ lodged against me if it goes to court. When you look on their website it says despite what all the forums say they do take people to court for non-payment but then again i suppose they would say that. I'm still trying to stay firm as advised but it's not easy, i'm convinced i'm going to be the one they decide to take to court. I'm just hoping this will be their final attempt to make me pay before they give up but they sound very convincing in their letter.

Debt Recovery Plus Ltd holds a Category F Debt Collection Licence from the OFT. As such, they are required to comply with the OFT Debt Collection Guidelines as a condition of their licence. If they do not, the OFT has the power to attach conditions to the licence or refuse its renewal or revoke it. For a debt collection company to lose their licence would be catastrophic as it would almost, certainly, result in the company's closure.

All a court can enforce, in the case of a privately-owned car park, is the parking fee, which is the charge for using the car park. They will not enforce a penalty. How much did the PPC say the parking fee was? This is the only sum of money the PPC is entitled to recover. I have looked at Debt Recovery Plus's website and the CCJs they claim they have obtained are, in my considered judgement, default judgements that can be set aside.

I would be inclined to make a formal complaint against Debt Recovery Plus Ltd to the OFT's Credit Fitness Team, by email, to enquiries@oft.gsi.gov.uk. I have put together a PDF document that takes you through how to make a complaint against a bailiff company to OFT Credit Fitness team, but the principle is exactly the same for Debt Collection Companies. You will need to quote the following in your complaint -

Company Name: Debt Collection Plus Ltd
Credit Licence No.: 624357

You should also forward a copy of the email to your local Trading Standards Department.

My gut-feeling is that both the PPC and Debt Collection Plus Ltd may be committing a criminal offence with their demands in respect of the penalty charge.

I am also attaching a copy of the OFT Debt Collection Guidelines with which you can play "Spot the Breaches". You should list all and any breaches in your complaint.

[suedob]

Re: Parking Eye

I am now on my second threat letter from 'Debt Recovery Plus Ltd' advising Notice of Intended Litigation, telling me how much they intend to recover from me and that i will have a CCJ lodged against me if it goes to court. When you look on their website it says despite what all the forums say they do take people to court for non-payment but then again i suppose they would say that. I'm still trying to stay firm as advised but it's not easy, i'm convinced i'm going to be the one they decide to take to court. I'm just hoping this will be their final attempt to make me pay before they give up but they sound very convincing in their letter.

[bluebottle]

Re: Parking Eye

I wouldn't put it beyond them to use Photobucket/Photoshop/PhotoPlus to "remove" the P & D ticket from the photo. Someone tried tampering with a photo in a parking case - a private company acting for a local authority - and is currently a resident in one of H.M. Holiday Camps for Attempting to Pervert the Course of Justice.

Parking Eye have had a pretty nasty kick in the groin from a court that left them around £5,000 out of pocket over their demand-o-grams and threat-o-grams. And both the directors and company of OPC were fined a total of £30,000 for much the same thing. Some companies never learn. Some company directors never learn.

[w1ndymiller]

Re: Parking Eye

Parking Eye = Junk Mail

Visited Blackpool the other week for a wedding and parked in the Caunce Street / Church Street carpark, purchased a ticket for two hours, we were back and left the carpark within an hour and a half.

Few days later get a parking charge notice to owner with a pic of my car entering/leaving the carpark stating I hadn't purchased a valid ticket. No pic of my car windscreen without the ticket, law of sod only time I clean the car of rubbish and I need a P&D ticket.

In shock and clearly a mistake on their side, I sent them a letter stating that I had purchased a valid ticket and this was displayed on my windscreen that more than covered my period of time and for them to prove otherwise, templated rejection letter comes back, so time to Google and here I am

This is just like going to Tescos for some beer paiding with cash and then Tesco's writing to you a few days later demanding money

If anyone has a P&D ticket for that carpark if they could scan and attach the top half of the ticket I would be grateful as I would like to have some fun send it to Parking Eye and state if they want to purchase the rest of the ticket they can at an admin fee of £120.

Re: Parking Eye

Ignore and continue to ignore. The speculative invoices are at best dubious. They rely on Common Law of Trespass which is extremely difficult to enforce in this situation; they are driver dependant and unlike proper parking tickets you have no obligation to reveal the driver; finally they can only claim any consequential loss which means it is highly unlikely they will take you to court.

Obviously there's no 100% cast iron guarantees, but quoted court cases are those which have been undefended so a summary judgement has been awarded. Also, from personal experience, I have ignored two of these within the past year and a half and all letters have stopped. I've even written an article for the local press about their questionable legality where I was given them.

[RichardAR]

Re: Parking Eye

Hi everybody
Just been sent a second 'invoice' for parking for 9hrs 30mins in th service station car park on the M11 (Birchhanger green). I went up to the midlands to see my 93yr old mother, called in on the way up for a coffee, also called in on the return journey. There pictures show the car entering the service station on the up and exiting on the way down. Parking eye seem to have sunk to new levels. I did not buy anything up there so cannot prove my innocence, although I did take my mother to the hairdressers who have said they would swear to this. I have already received two notices. What do I need to do?:tinysmile_cry_t:

[tuesday Wildchild]

Re: Parking Eye

You have my sympathies.

Wonderful scenery, though.


As I wrote above, their parking goons would not know that drivers with disabilities do not pay for their Vehicle Excise Disc or, as it is commonly (and mistakenly) called, "Road Fund Tax". Hence, the price being marked on the disc as £0.00 or "NIL" clearly indicates that it's a 'disabled' car.

Also any vehicle born before 1972 will have a disc showning NIL £0.00




I have had 2 letters from CPplus for over staying in a motorway service carpark when the vehicle I was driving had broke down (alternator busted) and waiting for the AA but the 'fine' is for the car my wife was driving as she waited with me.

they can go swing




PS

Hello everyone

[bluebottle]

Re: Parking Eye

Hi, I have been following the posts about parking eye for a couple of months. We parked in Fistral Beach Car Park on holiday in July, which we have done for years, not realising it was now private land, it was such a miserable wet day we didn't purchase a ticket and just sat in the car for 1hr 15mins. Needless to say we got a parking fine not long after we got home, £90 but if we paid early, £60. All the forums and Watchdog advice was to ignore all correspondence as they have no right to enforce the fine. We have received two letters and a
final notice, and now have had a letter from a Debt Collector threatening to take us to Court, now i'm really worried. Can anyone reassure me i'm still doing the right thing, my instinct is to just pay it now out of panick.
Thanks.

The only thing you are probably liable for is the fee for parking, but not the penalty Parking Eye and their threat monkey are trying to extort from you. Parking Eye have already tried this sort of thing and ended up around £5,000 out of pocket after a court gave them a panning.

[ploddertom]

Re: Parking Eye

Just continue doing the ignoring. A Debt Collector has no powers of anything, even has to ask permission to wipe his ***. The letter will increase its intensity of threats but stay firm. Do lots more reading here & on other forums for a feel of what happens.

[suedob]

Re: Parking Eye

Hi, I have been following the posts about parking eye for a couple of months. We parked in Fistral Beach Car Park on holiday in July, which we have done for years, not realising it was now private land, it was such a miserable wet day we didn't purchase a ticket and just sat in the car for 1hr 15mins. Needless to say we got a parking fine not long after we got home, £90 but if we paid early, £60. All the forums and Watchdog advice was to ignore all correspondence as they have no right to enforce the fine. We have received two letters and a
final notice, and now have had a letter from a Debt Collector threatening to take us to Court, now i'm really worried. Can anyone reassure me i'm still doing the right thing, my instinct is to just pay it now out of panick.
Thanks.

[parkingwhat]

Re: Parking Eye

don't worry about it i appealed they will find you guilty even if you have proof of what you are saying and gave them a letter from the queen they are out to get you but we felt intimidated at first and very angry i thought my appeal would be allowed as i sent receipts etc, i received a couple more letters and then nothing just don't send anything else... i personally would keep the letters somewhere safe and get any evidence you need, if not use it if you run out of loo roll lol "after a very hot vindaloo"

once you realise they are empty threats the panicky feeling will go away, it is their fault not yours your word against theirs so don't worry about it.

ignore any more letters and in future don't reply.:tinysmile_grin_t: ok