Parking eye - letter before county claim

[ollywolly]

Hello,

Thank you for your help in advance.

Date of event was 5/3/14.
Parking Eye

My wife entered the carpark at 10.30am, shopped, then left the car park at 12.30. Was to drop a colleague off but being stuck in traffic and our young 18 month needed feeding - decided to return to the car park/shops to purchas food, and colleague would get picked up from there instead. Due to returning within the hour (40 minutes later), and finally leaving at 14.15pm - we have received a PCN from parking eye.

Due to a miscommunication with my wife, neither of us appealed to either parking eye or popla, as both of us thought each other had done it.

We now are at point of the £160 charge with no appeal lodged, and the "letter before country claim" being issued.

The only proof that my wife left the car park and then returned is a sworn statement from her colleague, and a shopping receipt at the shop.

Because of the miscommunication mentioned above, do we just pay as its too late to appeal, or do we fight it?

[mystery1]

Re: Parking eye - letter before county claim

Who is being taken to court, the driver or the registered keeper ? (assuming they are not the same)

M1

[ollywolly]

Re: Parking eye - letter before county claim

Many thanks for your reply M1.

Everything is in my name - the registered keeper. The driver was my wife.

[mystery1]

Re: Parking eye - letter before county claim

You should supply your wifes name and address asap so that they cannot take proceedings against you. Then it's a case of appeal and popla appeal if required for her.

M1

[ollywolly]

Re: Parking eye - letter before county claim

You should supply your wifes name and address asap so that they cannot take proceedings against you. Then it's a case of appeal and popla appeal if required for her.

M1

Thank you again for your response. What's the best way of going out this, a letter so it's all in writing or over the phone for speed?

[mystery1]

Re: Parking eye - letter before county claim

Phone and email for me. 1 for speed and the other for maintaining a record as they are not trustworthy.

M1

[ollywolly]

Re: Parking eye - letter before county claim

Phone and email for me. 1 for speed and the other for maintaining a record as they are not trustworthy.

M1

hi again,

we got in touch with parking eye re changing details to my wife's name and this was the response via email, any ideas in what we should do now?


We recently sent you a Letter Before County Court Claim, informing you that the above Parking Charge remains outstanding and this has now been processed for further action. This is because we had not received an appeal or payment from you within the time period stated on the first Parking Charge Notice. This notice informed you that all appeals should be put in writing and submitted to ParkingEye within 28 days of our initial correspondence. Appealing at this stage would have also given you the chance to appeal your charge at POPLA (the Parking on Private Land Appeals Service) had your appeal to ParkingEye been unsuccessful.


You were also notified that, if you were not the driver of the vehicle at the time of the Parking Event, you must provide ParkingEye with the name and postal address of the correct driver, under Schedule 4 of the Protection of Freedoms Act 2012, within 28 days of the Date Given. Again this was not received. You consequently became responsible for the outstanding amount detailed on the Parking Charge. We must therefore inform you that the amount claimed, remains outstanding from you, as the registered keeper.


Therefore, we are now unable to accept your appeal and would advise you to follow the instructions outlined on the Claim Form to pay the outstanding amount or submit your defence.


Kind regards,
ParkingEye Enforcement Team

[mystery1]

Re: Parking eye - letter before county claim

It's not an appeal. It's telling them who the driver is.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Right to claim unpaid parking charges from keeper of vehicle


4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.


(2)The right under this paragraph applies only if—


(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met


Conditions that must be met for purposes of paragraph 4


5(1)The first condition is that the creditor—


(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but


(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.



Consequently the keeper can't be liable if they know who the driver is. Any court action against the keeper must fail upon evidence that parking eye knew who the driver was before commencing court action against the keeper.

Subject of course to the usual caveat that nothing is ever guaranteed in litigation.

M1

[ollywolly]

Re: Parking eye - letter before county claim

It's not an appeal. It's telling them who the driver is.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Right to claim unpaid parking charges from keeper of vehicle


4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.


(2)The right under this paragraph applies only if—


(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met


Conditions that must be met for purposes of paragraph 4


5(1)The first condition is that the creditor—


(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but


(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.



Consequently the keeper can't be liable if they know who the driver is. Any court action against the keeper must fail upon evidence that parking eye knew who the driver was before commencing court action against the keeper.

Subject of course to the usual caveat that nothing is ever guaranteed in litigation.

M1

Thank you for your prompt response.

So, would it be acceptable to respond quoting the legislation and request again that the initial fine be sent to my wife?

Sorry to ask so many questions I'm just unsure how to handle this in the best way.

Thanks in advance.

[mystery1]

Re: Parking eye - letter before county claim

Indeed tell them. However i suspect that they know why you're doing so and that is why they are being obstructive. Having said that you have given them a headache as if they go to court against a keeper who the law says is not responsible they have a rather large headache.

Aside from the issues they'd have winning the case the person who signed the claim form, which includes a statement of truth, would be in a world of trouble.

Mark your email FAO Rachel Ledson and that way she would really be in trouble for signing the claim form.

M1

[ollywolly]

Re: Parking eye - letter before county claim

Thanks again.

I've sent a reply, so we'll see what comes of that.

[ollywolly]

Re: Parking eye - letter before county claim

I've just received another response from the enforcement team. Basically says thanks for your email, we believe we answered your issues with our previous email.

Is is this end of the road then? I don't want to leave it too late and it get nasty/ expensive.

Many thanks.

[mystery1]

Re: Parking eye - letter before county claim

The ball is in their court. They can issue the ticket to the driver, take you to court or simply let sleeping dogs lie.

If the driver gets a ticket appeal etc

If they take you to court they're pissing into the wind for the reasons i gave earlier. They will try and add £65 costs on but as they'll lose then that means little.

If they let it lie it does you no harm.

M1