Parking Eye - Letter Before County Court Claim

[lozsimo]

Hi

Back on 16/7/14 i parked in car park that's managed by Parking Eye, On the 22/7/14 i received a PCN advising that i had either i had no paid the parking fee or remaining in the car park for longer than permitted.
I ignored this letter as i scanned the internet and this seemed this opinion of many, i have subsequently received further letters from Parking Eye regarding this PCN.

I have moved address in the middle of all this and on the 18/11/2014 i recieved a Letter Before County Court Claim from Parking Eye. I have done some looking around again on the internet and I'm really confused on my next course of action.

On the day in question of the alleged offence i was with my partner and she is adamant that we did purchase a parking ticket as its one of those machines that asks for your cars registration. I do recall my partner shouting across the car park for my car registration details to input on the parking machine, the only bit i cant be 100% is the length of time we purchased for the car. The letter states i was in the car park for 1 hour and 34 minutes.

Below is the exact wording on the Parking Eye - Letter Before County Court Claim

Dear Sir/Madam

LETTER BEFORE COUNTY COURT CLAIM

On the 25th August 2014 we notified you that, as the regitered keeprr of this vehcile, you had become liable for this Parking Charge Notice which concerned a breach of the terms and conditions at Dovecot Street, on the 16th July 2014. This nnotified you that the requirements of Sschedule 4 of the Protection of Freedoms Act 2012 required for Keeper Liabiltiy had been satified. Please note that this charge is levied for breach of contract. Further to this, we advised you that the amount payabel was £100 for the Parking Charge Notice and that you were required to make this payment or further action would be taken. We have also contacted you further at your new address which was given to ParkingEye by a credit reference agency ad attached the original Parking Charge Notice (091269/17142*) Again we received no response to this correspondence

ParkingEye did not receive an appeal or payment from you within the 28 days outlined on this correspondence. As such, we must inform you that unless payment of £100 is made within 14 days further action will be taken and court proceedings will be issued, which will incur further costs. These costs will include £50.00 solicitor costs and £25 court claim issue fee. Should you wish to contact ParkingEye (details above and below) you must do so within 14 days of this Letter before claim.


Could anyone out these please give me some guidance on what to do next as I'm at a loss as of what to do.

Thanks

lozsimo.

[mystery1]

Re: Parking Eye - Letter Before County Court Claim

Was the keeper the driver ?

M1

[lozsimo]

Re: Parking Eye - Letter Before County Court Claim

Yes M1

[mystery1]

Re: Parking Eye - Letter Before County Court Claim

Pity.

Edit this to suit.

Dear Parking Eye,

I received your letter headed xxxxx on xxxx the contents of which are noted. It would appear that this is a letter before action although it is not compliant with the pre action protocols.

I deny any debt to parking eye. I was there on that day at that time and paid for parking. ( i attach a copy) <<<only if you have one obviously

The pre action protocols dictate that in a letter before action the claimant should refer the defendant to the pre action protocol Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction.

The pre action protocols also dictate that in a letter before action the claimant should set out the details of the matter in writing and a clear summary of the facts on which the claim is based.

The claimant should also list the essential documents on which the claimant intends to rely and i would like copies of these please, set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this and refer the defendant to the Practice Direction.

If financial loss is claimed, an explanation of how the amount has been calculated.

Please take this response as an acknowledgement of your LBA to which a full response will be provided within 14 days of rectification of the flaws in your letter. I am taking advice from persons with experience in these matters however that advice is limited until compliance with the above faults is achieved. I would however refer you to Civil Enforcement Limited v Kerry McCafferty. (21/02/2014 Luton County Court) in the mean time.

Yours etc


They are usually pretty good at cancellation when you have paid but because you ignored them they may play a bit harder.


M1

[lozsimo]

Re: Parking Eye - Letter Before County Court Claim

Thank you very much for your reply M1, i shall forward them a copy of your letter.

lozsimo