ParkingEye LBCCC Options

[MickW]

Hello all

I hope I'm not requesting information that has been posted elsewhere, but if I am I would be grateful if someone could kindly point me in the right direction.

I am looking for some advice on how to deal with a recently received LBCCC from ParkingEye. This is the first communication I have received from them in this relation to this alleged breach of contract. The car was parked in the car park on the day in question, but I recall that the payment machines were out of order at the time..

The only details they have provided me with in relation to the alleged breach of contract are contained in the first paragraph of the LBCCC, which states:

"On [date] we notified you, as the registered keeper of this vehicle, that you had become liable for the above Parking Charge Notice, which concerned a breach of the paring terms and conditions at [location], on [date]. This Parking Charge was levied for breach of contract and the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA) have been satisfied"

I have spoken to the retailer and they are very sympathetic. It seems that PE have been upsetting a lot of their customers and they are keen to help where they can. Interestingly, they are saying that PE has no way of knowing whether their payment machines were in working order at the time, or not. So they have taken my details and will be contacting PE with a view to getting the 'Parking Charge' cancelled, and hopefully I will be receiving a letter within the next 14 days notifying me that this has been done. Unfortunately I have left this a bit late, so I'm sailing a little close to the wind in terms of time scales. The LBCCC 30 day response window closes six days after the last day of the 14 day time frame that the retailers require to resolve this with PE directly.

I was told quite emphatically by the retailer not to contact PE, as doing so would take the matter out of their (the retailer's) hands, so I am minded to abide by that advice, even if, to my untrained eye, I can see that this LBCCC, like all the others, is not compliant with pre-action practice direction.

I am posting this now so that, If I don't get the result I'm hoping for within the next 14 days, I will be ready to make my next move; I will have only four working days to make contact with PE and would like to have my response prepared before then,

Many thanks in advance for any suggestions and advice you may be able to give

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[nosferatu1001]

There are a few LBA responses, however if you truly have NOT received a NtK from PE, you MUST make it clear in your very first communication to them that you have NOT been served with a NtK and so yuo, as keeper, CANNOT BE LIABLE

POFA schedule 4 para 9 - check it out, you will see a NtK is required within 14 days

Check your V5C. No guessing, check it thoroughly. Is it in the correct name and address?

[MickW]

Hi thanks for the speedy response

So would you say that I should contact them straight away (if only to request a copy of the NtO) or wait for the outcome of the retailer's efforts to have this cancelled?

There is a slim chance that the NtO was sent because my OH has always routinely (wrongfully it now seems) thrown away any communications from private parking organisations that may arrive (I was a courier back in the day and used to get quite a few). However, on searching this and other forums, it seems that PE do have a bit of habit of jumping straight in with the LBA - see here:

https://forums.moneysavingexpert.com/showth...rking+eye+lbccc

and here:

http://forums.pepipoo.com/index.php?showtopic=118670

I can't see how they can prove one was sent, but surely I can just request a copy as it may be needed to form part of my defence to their claim (if it comes down to it).

Thanks again for your help

btw the V5C is correct

This post has been edited by MickW: Tue, 23 Oct 2018 - 13:15

[kommando]

And you want a copy of the email requesting the cancellation, PE will refuse to cancel but a copy the request in your possession is enough to cause them to offer to settle for £60 and then once the offer is refused discontinue the case,

[nosferatu1001]

Notice to Keeper. NtO is for COUNCIL tickets only.

[MickW]

And you want a copy of the email requesting the cancellation, PE will refuse to cancel but a copy the request in your possession is enough to cause them to offer to settle for £60 and then once the offer is refused discontinue the case,

The impression I got from the retailer was that, as long as I hadn't made contact with PE, they could request a cancellation and it was pretty much a done deal.

If PE do refuse to cancel, I can request something in writing from the retailer and then as you say wait for the offer to settle then tell them to poke it!

Happy days

Notice to Keeper. NtO is for COUNCIL tickets only.

Should've gone to specsavers...duly noted!

[nosferatu1001]

Just ask the retailer to CC you in to their email.

[MickW]

Just ask the retailer to CC you in to their email.

Yes I can ask them to do that - will let you know what they say.

[MickW]

Hi All

I have just received an email from one of the managers at the retail outlet concerned. As I mentioned they are keen to help, which is really appreciated (wish I could name them but at this stage, perhaps best not to)! He is not able to email externally using the company email system (which would have been preferable) but he has sent this (snippet) via his personal email account:

"We cancel the PE tickets by Intra-net so we cannot send you a copy and PE does not confirm us the cancellation by email anymore.
Feel free to use my email please but should you receive another letter just contact us so we can contact our PE representative at XXXX headquarters to get them resolved in case they have not finished."

I'm thinking I should now contact PE to say that I have been in contact with the retailer and I have written confirmation from them that the charge has been cancelled, so I trust that is the end of the matter - would that be the next move?

Thanks in advance

M

This post has been edited by MickW: Fri, 26 Oct 2018 - 09:32

[kommando]

Yes, PE have been known to blindly blunder on so PE confirmation is best way to kill it quickly.

[MickW]

Contacted through 'Resolver' awaiting reply

[MickW]

Just checked the portal on the PE website- it's showing as cancelled



Thank you very much for all your help with this

M

[ostell]

Take a screen print of that and file in a safe place.

[MickW]

Done - blimey are they really that bad!?

[nosferatu1001]

Yes! Theyre scum. Parasites. Fraudsters/

[MickW]

One in the (Parking)Eye for them then lol

[SchoolRunMum]

Just checked the portal on the PE website- it's showing as cancelled



Thank you very much for all your help with this

M

Great!

Are you happy to name the retailer now, and which retail park/location, and the helpful person's email addy to help a future victim or two?

I have just received an email from one of the managers at the retail outlet concerned. As I mentioned they are keen to help, which is really appreciated (wish I could name them but at this stage, perhaps best not to)! He is not able to email externally using the company email system (which would have been preferable) but he has sent this (snippet) via his personal email account:

[Umkomaas]

My guess - Asda??

[MickW]

Morrisons St James Street Brighton

Would rather not share the email address but if anyone has any similar problems I would not hesitate to recommend contacting the store, they really couldn't have been more helpful.

This post has been edited by MickW: Mon, 5 Nov 2018 - 14:51

[Umkomaas]

Would rather not share the email address

Why? Surely it can't possibly be a problem. Can it?