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Marstons Pub Parking Eye ticket, Appeal rejected then I missed POPLA deadline
Eggmarine
post Fri, 6 Dec 2019 - 02:09
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Hello, looking for some advice on this please:

Notice to keeper sent to me after a visit to a local for lunch with my mate. Wasn't aware of any parking rules so waltzed into the pub, later found out you have to buy a ticket then you can get it refunded if you're a customer, I didn't.

Received a ticket they got me on ANPR

Initially contacted Marstons they are not interested

I can however prove that I was a customer at the pub as I have a contactless payment at the pub (dated 3 days after as they take a few days to show up)

Appealed straight to Parking Eye and provided evidence of the contactless transaction- REJECTED

Given a chance to go through POPLA but I missed the chance, had loads going on-two family bereavements.

Now received a letter before county court claim.

Am wondering on next moves, I was legitimately a customer at the pub so I would have got the parking fee refunded anyway, so having to pay £100 seems a bit steep. I can't afford that!

Is it worth appealing again to Parking Eye?

Will I have to just pay up?

Thanks, any advice appreciated this is stressing me out a bit now.
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post Fri, 6 Dec 2019 - 02:09
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The Rookie
post Fri, 6 Dec 2019 - 04:16
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From: Warwickshire
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YOU MUST DEAL WITH THE COURT CLAIM, PE will not entertain any appeal and by the time you get a reply they will have a default judgement and you a CCJ.

Go online, acknowledge the claim, tick defend in full, do not contest jurisdiction and leave the defence box completely blank (not even a space or a full stop), you will then have 33 days from the date of the form to research and submit your full defence.

Hopefully you left a suitable review with trip adviser for the pub!

The appeal rejection on that basis was 100% predictable. POPLA would have rejected it as well, you need to now research things properly rather than going off half cock.

Read threads on here, read the 'newbies' thread in the private parking forum on MoneySavingExpert.com and start to compile your defence, anything you don't understand ASK, but yo must do some legwork yourself.

Do you have all the paperwork from PE, if not send a SAR to get it, this should have been done when you got the 'letter before claim' that TOLD YOU a claim was coming really.

You need photo's and a map showing the signage at the pub and why it was reasonable that you missed it such that no contract could be formed.

PE will state that you agreed to the contract by parking and while you may have been a genuine customer you breached the terms of the contract by not paying and as such are liable for the charge, private parking is not about fairness or reasonableness and you have to fight it dirty as well.

This post has been edited by The Rookie: Fri, 6 Dec 2019 - 04:16


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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Jlc
post Fri, 6 Dec 2019 - 08:12
Post #3


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Joined: 25 Aug 2011
From: With Mickey
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It’s a LBCCC - a court claim will follow.

One pub chain you won’t be using again...

Worth a snotty letter that their agents are suing genuine customers.


--------------------
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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nosferatu1001
post Fri, 6 Dec 2019 - 11:00
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Yep, and a trip advisor review, and a twitter shitstorm, etc...
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Eggmarine
post Fri, 6 Dec 2019 - 14:35
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Thanks for the info i better get working on it then.
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