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Parkingeye Popla refused appeal, Parkingeye issued PCN parking for 11mins
willy101
post Wed, 6 Jun 2018 - 21:47
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Hi
I wonder if someone could help me for my options
I received parkingeye fine to park at GP backside parking this parking was for staff and patients both , I parked but came out within 11 minutes it was full of wrongly parked cars , I went at front and enter Reg number at GP’s screen as per instructions but they said couldn’t find any details so refused my appeal and asked me to appeal to POPLA which I did they also refused for same background and said to pay £100 within few days I don’t have much time left to pay but I’m sure I’m not wrong
I even asked them to check myself in gps cctv but they didn’t responded

Please let me know what’s my option is there any further I can go I’m worried they if I didn’t paid they might send bailiffs

Thanks
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post Wed, 6 Jun 2018 - 21:47
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Dave65
post Wed, 15 Aug 2018 - 09:29
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Yes, and add that if this goes to court you will be claiming against them for all your costs.
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Jlc
post Wed, 15 Aug 2018 - 09:49
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QUOTE (Macapaca @ Tue, 14 Aug 2018 - 21:10) *
Note that PE only take 0.1% of PCNs to court

You'll have to clarify that. They issue more than 0.1% claims...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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roythebus
post Wed, 15 Aug 2018 - 10:18
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It ought to be worth asking PE for a copy of the contract they have with the GP surgery or the landowner for permission to use that land for their purposes. Several recent cases on here have been won on contractual grounds.
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Macapaca
post Wed, 15 Aug 2018 - 10:34
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QUOTE (Jlc @ Wed, 15 Aug 2018 - 10:49) *
QUOTE (Macapaca @ Tue, 14 Aug 2018 - 21:10) *
Note that PE only take 0.1% of PCNs to court

You'll have to clarify that. They issue more than 0.1% claims...

2018 court hearings = 536
2018 Tickets issued = 344525

So 0.156%
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ManxRed
post Wed, 15 Aug 2018 - 10:54
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There's probably a large amount of claims that never get to court because the victim caves in.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Redivi
post Wed, 15 Aug 2018 - 10:56
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Only about 5% of claims result in a hearing

The rest are either settled or not defended, handing ParkingEye a default judgment
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Jlc
post Wed, 15 Aug 2018 - 12:25
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QUOTE (Macapaca @ Wed, 15 Aug 2018 - 11:34) *
QUOTE (Jlc @ Wed, 15 Aug 2018 - 10:49) *
QUOTE (Macapaca @ Tue, 14 Aug 2018 - 21:10) *
Note that PE only take 0.1% of PCNs to court

You'll have to clarify that. They issue more than 0.1% claims...

2018 court hearings = 536
2018 Tickets issued = 344525

So 0.156%

And claims?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Redivi
post Wed, 15 Aug 2018 - 12:58
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Vaguely recall that, at their peak, they were issuing about 2000 claims/month

They currently have 50 to 70 hearings / month
That would be in line with 1000 claims but there's a time-lag of four to six months between claims and hearings

The relatively small number of threads that we now see for ParkingEye claims suggests that they've cut right down

Wonder if there's a new policy following their separation from Capita
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willy101
post Fri, 7 Sep 2018 - 16:27
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QUOTE (Macapaca @ Tue, 14 Aug 2018 - 21:10) *
So PE have not sent you a LBC and started legal proceedings yet in which case it is not too late for them to cancel. They are simply choosing not to cancel in the hope that you will pay. Quoting Beavis is the usual BS at this stage in an attempt to get you to cave in and pay. I would write to them again making it absolutely clear that you will not be paying them anything and remind them of the cancellation email. You can add that the email will be presented to the judge as part of your defence should they choose to proceed that far. Note that PE only take 0.1% of PCNs to court and as they lose money on each one they will choose ones with a better chance of winning than this one!

Thanks for your advice but I received new letter now From Equita threatening me with same thing please check attached and advice please thanks
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ostell
post Fri, 7 Sep 2018 - 16:35
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So they've moved it to another debt collector who can do nothing
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kommando
post Fri, 7 Sep 2018 - 16:59
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That's a good sign, if they thought they had a chance it would have been straight to claim.
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willy101
post Fri, 7 Sep 2018 - 17:09
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QUOTE (ostell @ Fri, 7 Sep 2018 - 17:35) *
So they've moved it to another debt collector who can do nothing

(Can do nothing) make me laugh
But unfortunately it’s stressing for me though ! That what could be next now , should icontact PE to say anything that I’m not going to pay even this ?
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Macapaca
post Fri, 7 Sep 2018 - 17:09
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'They MAY recommend enforcement action.... blah blah blah'. Lol

There is really no need to get stressed about that letter!

This post has been edited by Macapaca: Fri, 7 Sep 2018 - 17:11
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Churchmouse
post Fri, 7 Sep 2018 - 18:10
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QUOTE (willy101 @ Wed, 11 Jul 2018 - 09:28) *
QUOTE (nosferatu1001 @ Wed, 11 Jul 2018 - 09:00) *
And you have been told the GP cancelled it> you are entitled to rely on this.
The GP cant change their mind later.

Following latest response I received from GP admin lookafter this matter,
(
As I have previously stated the only people who can cancel this charge at this stage is Parking.Eye.
Myself and Admin have both asked them to cancel this penalty charge but they have told us both.that we cannot do so at such a late stage.
I do hope you win your appeal.
regards)

Backing up slightly in this thread, this is apparently the email sent by the GP surgery, indicating that they have asked PE to cancel the PCN received by the OP. This is certainly nice to have, but its utility depends on what the GP surgery's contract with PE says about cancellation requests. There is no overriding "Law of Agency" that says one party to a contract for services can instruct the other party to cease its permitted activities (and forgo revenue to which that party would otherwise be entitled) in relation to particular persons or situations. PE is the GP surgery's "agent" in a sense, but not in any sense that matters here. It should be obvious that every time the GP surgery "cancels" a PCN, PE potentially loses money. Obviously, PE knows that, too, so it is almost certain that PE's contracts with landowners seek to limit the power of the "principal" to cancel PCNs to certain situations or numbers--or exclude that power entirely.

It is therefore possible that the GP surgery's contract with PE allows them to request the cancellation of PCNs--but only if such requests are received in a timely fashion, e.g., prior to PE's incurring additional costs in relation to a POPLA hearing. If that is the case, then there might be nothing the GP surgery can do at this stage other than terminate its contract with PE (which is probably not practical or reasonable from their perspective).

In addition to those contained in any contractual provisions in its contract with the landowner, PE is free to establish as many artificial deadlines for enforcing its contracts as it likes. (There is also the POFA-related deadline for naming the driver, which is not relevant here.) PE says it "cannot" cancel a PCN following a POPLA victory, but there is nothing stopping it from doing so. There isn't even anything stopping PE from cancelling a PCN after commencing a court claim (although it would incur costs from doing so). The only thing probably driving PE's artificial cancellation deadlines is the likelihood of PE earning/losing money!

As for debt collectors, in the UK they are powerless, and their threats are often nonsensical.

Consider: your job is to collect unpaid debts. You can spend a certain amount of money (on personnel, postage, paper and red ink), but if, after you've spent that amount you still haven't managed to convince the debtor to pay, you've failed to do your job, and it's time to move on to the next sucker. Their last and weakest threat is usually to "recommend that their client initiate legal action", because once that happens, they're definitely not getting back any of the money they've spent trying to collect the debt...

--Churchmouse

This post has been edited by Churchmouse: Fri, 7 Sep 2018 - 18:11
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willy101
post Fri, 7 Sep 2018 - 19:35
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QUOTE (Churchmouse @ Fri, 7 Sep 2018 - 19:10) *
QUOTE (willy101 @ Wed, 11 Jul 2018 - 09:28) *
QUOTE (nosferatu1001 @ Wed, 11 Jul 2018 - 09:00) *
And you have been told the GP cancelled it> you are entitled to rely on this.
The GP cant change their mind later.

Following latest response I received from GP admin lookafter this matter,
(
As I have previously stated the only people who can cancel this charge at this stage is Parking.Eye.
Myself and Admin have both asked them to cancel this penalty charge but they have told us both.that we cannot do so at such a late stage.
I do hope you win your appeal.
regards)

Backing up slightly in this thread, this is apparently the email sent by the GP surgery, indicating that they have asked PE to cancel the PCN received by the OP. This is certainly nice to have, but its utility depends on what the GP surgery's contract with PE says about cancellation requests. There is no overriding "Law of Agency" that says one party to a contract for services can instruct the other party to cease its permitted activities (and forgo revenue to which that party would otherwise be entitled) in relation to particular persons or situations. PE is the GP surgery's "agent" in a sense, but not in any sense that matters here. It should be obvious that every time the GP surgery "cancels" a PCN, PE potentially loses money. Obviously, PE knows that, too, so it is almost certain that PE's contracts with landowners seek to limit the power of the "principal" to cancel PCNs to certain situations or numbers--or exclude that power entirely.

It is therefore possible that the GP surgery's contract with PE allows them to request the cancellation of PCNs--but only if such requests are received in a timely fashion, e.g., prior to PE's incurring additional costs in relation to a POPLA hearing. If that is the case, then there might be nothing the GP surgery can do at this stage other than terminate its contract with PE (which is probably not practical or reasonable from their perspective).

In addition to those contained in any contractual provisions in its contract with the landowner, PE is free to establish as many artificial deadlines for enforcing its contracts as it likes. (There is also the POFA-related deadline for naming the driver, which is not relevant here.) PE says it "cannot" cancel a PCN following a POPLA victory, but there is nothing stopping it from doing so. There isn't even anything stopping PE from cancelling a PCN after commencing a court claim (although it would incur costs from doing so). The only thing probably driving PE's artificial cancellation deadlines is the likelihood of PE earning/losing money!

As for debt collectors, in the UK they are powerless, and their threats are often nonsensical.

Consider: your job is to collect unpaid debts. You can spend a certain amount of money (on personnel, postage, paper and red ink), but if, after you've spent that amount you still haven't managed to convince the debtor to pay, you've failed to do your job, and it's time to move on to the next sucker. Their last and weakest threat is usually to "recommend that their client initiate legal action", because once that happens, they're definitely not getting back any of the money they've spent trying to collect the debt...

--Churchmouse


Thanks for such a detailed response , it does make sense to think in worst case scenario aswell ,
I also wanted to point out to one very interesting thing which most of us here probably aware or might be first time hearing this
(the communication I sent to GP and received from them as whole thread from my email inbox and sent box has been totally disappeared I tried going into trash mails junk etc but I can’t find any communication related to this , good thing is I had captured some screen shots of GP emails which she confirmed that she sent this letter to PE to cancel this fine and also my sent email of requesting this 😊)
But just imagine they seems doing this now so it could be best for others to be careful with any email communications which I believe they have control to expire after certain time and if not saved by us all efforts and proof will be lost )

Now coming back to above , so the next step could they send this back to PE again to send me court notice etc .
Thanks
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Dave65
post Sat, 8 Sep 2018 - 09:53
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Lesson to be learnt when sending emails like these is to send a copy to another of your email addresses as proof of sending.
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ostell
post Sat, 8 Sep 2018 - 12:51
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The lesson to be learnt is not to use webmail for email. Copy it to your own computer where you have a copy.
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nosferatu1001
post Sun, 9 Sep 2018 - 20:11
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Email has no self destruct capability. Once sent it's gone and the sender can do nothing.
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ostell
post Sun, 9 Sep 2018 - 20:28
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I think some of the ISP' that provide mail servers do a purge of the mail servers every so often and old mail is deleted. Far better to have a mail program on you computer that keeps the messages local to you.
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willy101
post Mon, 1 Oct 2018 - 09:33
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QUOTE (Macapaca @ Fri, 7 Sep 2018 - 18:09) *
'They MAY recommend enforcement action.... blah blah blah'. Lol

There is really no need to get stressed about that letter!


I have received another same letter from same company , is this going to court next ?
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