ParkingEye - overstayed by 32 mins becasue child was ill |
ParkingEye - overstayed by 32 mins becasue child was ill |
Sat, 14 Sep 2019 - 08:12
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#1
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Member Group: Members Posts: 13 Joined: 14 Sep 2019 Member No.: 105,725 |
On the 23rd August, I stayed in the ParkingEye Sword in the Stone car park in Cornwall. i paid for 2 hours (after queuing for 3 mins to get to the machine). While at a cafe in the village, my son was ill, and we couldn't leave easily, and returned and left the car park 29 mins after the parking was up. ParkingEye sent me a parking charge notice for £100, and I promptly appealed on their website as I thought they would react fairly to this.
They rejected this appeal in the week, and their letter says that I can appeal further to POPLA, but if I do then the reduction to £60 they have granted me will be rescinded, and I will have to pay the full amount, which o me seems like coercion. What should I do? |
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Sat, 14 Sep 2019 - 08:12
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Sat, 14 Sep 2019 - 08:47
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#2
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
These are only won at court. POPLA will not help you.
In this case it was a frustration of contract - upon accepting the contract you agreed to leave within 2 hours, however circumstances beyond your control prevented this. They will argue you could have paid the additional tariff before leaving. Whether they'll push all the way to a hearing is questionable but they might. -------------------- 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, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 14 Sep 2019 - 09:03
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#3
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
There are a couple of angles here
"Frustration of contract" springs to mind Something happened that made it impossible for the contract to be completed Not sure if an ill child rather than a car problem would count If the child is a young infant, the Equality Act 2010 could be relevant with its requirement for reasonable allowances None of these arguments will work at POPLA because legal arguments are outside the remit of the assessors They are only interested in whether the Parking Notice was issued correctly All you will achieve is hand ParkingEye an "independent" decision to wave in court I would therefore NOT appeal to POPLA and ignore all correspondence short of a Letter Before Claim If you receive a letter from a debt collector, that will be a good sign It's ParkingEye's standard procedure when it doesn't want to take legal action Debt collectors can and should always be ignored ParkingEye car parks in tourist areas sometimes allow top-up payments if visitors discover a reason to stay longer If this wasn't available it weakens ParkingEye's case that it acts in the land-owner's interest Even if it wasn't officially available, a top-up before leaving would have left ParkingEye struggling to justify their £100 Wait for other opinions but one option is an offer Without Prejudice Save to Costs of £20 in full and final settlement along with a statement that parking was available for longer but their system unfairly didn't allow stays to be extended If ParkingEye then takes the case to court they must achieve a result that leaves them substantially better off If they don't, they're responsible for the full costs of the case, even if they win |
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Sat, 14 Sep 2019 - 10:05
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#4
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Member Group: Members Posts: 13 Joined: 14 Sep 2019 Member No.: 105,725 |
Wait for other opinions but one option is an offer Without Prejudice Save to Costs of £20 in full and final settlement along with a statement that parking was available for longer but their system unfairly didn't allow stays to be extended So how would this option work? I'd wait until a debt collector letter, then write a letter/email tham saying Without Prejudice Save to Costs and offering them £20 (cheque in the letter?) |
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Sat, 14 Sep 2019 - 10:54
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#5
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
No; that's too late
Debt collectors never accept offers below the original charge and parking companies will no longer discuss the subject You would contact ParkingEye before the deadline for a POPLA appeal expires and the account can be passed to the debt collector I don't think it's worth including a cheque ParkingEye would only return it The intended reader of the letter isn't ParkingEye; it's a judge Its purpose isn't to invite ParkingEye to accept the offer It's to lay the paper trail that paints the company as unreasonable if they take you to court |
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Thu, 19 Sep 2019 - 05:27
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#6
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Member Group: Members Posts: 13 Joined: 14 Sep 2019 Member No.: 105,725 |
Is this something i should do by post, or could/should I do it by email?
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Thu, 19 Sep 2019 - 10:19
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#7
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
5 days on...
Do it the way you think is best. What mtters is to get the letter in. Post, would be my pref. |
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Thu, 19 Sep 2019 - 13:07
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#8
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Member Group: Members Posts: 1,397 Joined: 12 Jun 2008 From: West Sussex Member No.: 20,304 |
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Thu, 19 Sep 2019 - 13:58
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#9
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Steve 0 which is not what Redivi suggested
"Without Prejudice Save to Costs" |
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Mon, 7 Oct 2019 - 18:22
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#10
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Member Group: Members Posts: 13 Joined: 14 Sep 2019 Member No.: 105,725 |
So they finally replied to my letter today, wit an email referring me to their previous letter, and advising me to go to POPLA or pay up. What should my next step be?
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Sat, 9 Nov 2019 - 16:44
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#11
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Member Group: Members Posts: 13 Joined: 14 Sep 2019 Member No.: 105,725 |
Today I received a 'Letter Before County Court Claim' advising that I have 30 days to pay them £100, or court proceedings will be issued, which will entail at least another £75. What should I do here? I have no interest in paying £100, but obviously even less in paying £175.
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Sat, 9 Nov 2019 - 16:59
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#12
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Pay.
or Make a without prejudice offer. or Fight. (It's sometimes a game of brinkmanship but they may push to a hearing) -------------------- 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, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sun, 10 Nov 2019 - 09:34
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#13
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Member Group: Members Posts: 13 Joined: 14 Sep 2019 Member No.: 105,725 |
I made a without prejudice offer, which they rejected.
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Sun, 10 Nov 2019 - 09:41
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#14
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
I made a without prejudice offer, which they rejected. They will want more than £20. But as I said it's a game of brinkmanship. Push them to a hearing and they may not be so dismissive. -------------------- 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, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sun, 10 Nov 2019 - 11:20
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#15
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Member Group: Members Posts: 13 Joined: 14 Sep 2019 Member No.: 105,725 |
So push them up to £50?
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Mon, 11 Nov 2019 - 11:41
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#16
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Did you mark it "WP save as to costs" as yo u were instructed?
Have they provided a code for POPLA? If not then you cna obviously ask how youre meant to "go to POPLA" without one! Its your choice, defend or pay or reach a settlement. You dont need us to tell you this. |
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Thu, 14 Nov 2019 - 21:45
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#17
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
When you get a LBCCC from ParkingEye it is a different 'team' considering your responses than handled the earlier ones at appeal stage.
So, you have NOT yet made a WP offer to the enforcement dept, so start an email chain and start again: enforcement@parkingeye.co.uk Do this again: QUOTE one option is an offer Without Prejudice Save to Costs of £20 in full and final settlement along with a statement that parking was available for longer but their system unfairly didn't allow stays to be extended
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