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Oscar31
Parking Eye help required please before court action commences.

Summary as follows:

Owner of car was sent original Parking eye fine for overstaying approx half hour over the 2 hours free parking in a Service station car park.

Owner was away from home and not receiving mail for the time the original 3 letter were received - All bills were not in their name so only expecting junk mail

A letter was then received to be signed for from Parking eye - turned out to be a Letter before action.

The Owner wasn't using the car at the time of the incident and therefore identified the driver by recorded delivery and on-line appeal at parking eye before the deadline of threatening court action.

The driver of the car (Me) was then sent a new parking eye notice with the usual option to pay within 14 days at a reduced price or appeal.

I was already to come to your site this weekend to see the first steps of appealing to Parking eye and then received a letter today addressed to me, indicating that as they originally sent me the Letter before action, that I am to late to appeal and that if I dont pay the full amount now then they will pursue through the courts.

The original notice wasn't sent to me, it was sent to the owner. How can I now be pursued without making an appeal?

Do I still appeal to Parking eye and ask for a POPLA code if they reject my appeal or will they ignore me now.

Should I offer to pay the £10 which was the original daily cost for staying over 2 hours. I have got receipts for purchases at the service station and the night in question the car park was more than half empty so they didn't make any loss.

My 14 days to appeal (if I still can) runs out mid-week so need to respond ASAP.

Any help greatly appreciated.
Gan
I would go for an appeal and see what happens next

It wouldn't look good for them if you point out that the court action should be delayed until their industry's appeal system has been completed
Oscar31
Thank for the advice.

Presume I should also mention that I feel the costs they are demanding are out of proportion with any losses they occurred?

I will appeal on line and by recorded delivery.

thanks again


SchoolRunMum
I would recommend a strong challenge like this sort of one that saw off UKCPS:

http://forums.pepipoo.com/index.php?showtopic=79697&st=0

Start by saying 'I refer to the Notice to Driver received on xx/7/13 and this is my challenge. I was surprised to also receive another letter dated xx/7/13 out of the blue but I suspect this is an admin error on your part as I have never been sent a Letter Before Action and the first communication to me was the Notice to Driver. So...{then start challenge including the stuff about Motorway Service Station signage and the fact that you had to get petrol/water/air as well as park to have your statutory 2 hours rest time as required by the Dept for Transport/Highways Agency - details of which you will find on NorthernMunkey's thread}.

Do NOT refer to any of the other letters because they went to the keeper.
Oscar31
QUOTE (SchoolRunMum @ Fri, 26 Jul 2013 - 23:47) *
I would recommend a strong challenge like this sort of one that saw off UKCPS:

http://forums.pepipoo.com/index.php?showtopic=79697&st=0

Start by saying 'I refer to the Notice to Driver received on xx/7/13 and this is my challenge. I was surprised to also receive another letter dated xx/7/13 out of the blue but I suspect this is an admin error on your part as I have never been sent a Letter Before Action and the first communication to me was the Notice to Driver. So...{then start challenge including the stuff about Motorway Service Station signage and the fact that you had to get petrol/water/air as well as park to have your statutory 2 hours rest time as required by the Dept for Transport/Highways Agency - details of which you will find on NorthernMunkey's thread}.

Do NOT refer to any of the other letters because they went to the keeper.



Hi there,

I took your advice and sent a letter pointing out that they were wrong sending me the letter before action when I had only just been informed of the so called offence and wanted to challenge it. I sent my challenge by email and recorded delivery on 31st July asking them to either drop the charge or give me a POPLA code to appeal to them.

I have head nothing since and have visions of the next letter being one for the court as they have probably ignored everything I sent.

How long have they got to reply to my challenge and give me a POPLA code ? all seems eerily quiet at the moment.

Many thanks
The Slithy Tove
QUOTE (Oscar31 @ Tue, 27 Aug 2013 - 18:24) *
How long have they got to reply to my challenge and give me a POPLA code ? all seems eerily quiet at the moment.

They should have acknowledged your appeal within 14 days, so already they have failed to abide by the BPA AOS Code of Practice. They must accept or reject your appeal within 35 days (or extend the deadline, but only under exceptional circumstances).

I assume you have proof of delivery with your recorded delivery appeal letter.
Oscar31
QUOTE (The Slithy Tove @ Tue, 27 Aug 2013 - 18:35) *
QUOTE (Oscar31 @ Tue, 27 Aug 2013 - 18:24) *
How long have they got to reply to my challenge and give me a POPLA code ? all seems eerily quiet at the moment.

They should have acknowledged your appeal within 14 days, so already they have failed to abide by the BPA AOS Code of Practice. They must accept or reject your appeal within 35 days (or extend the deadline, but only under exceptional circumstances).

I assume you have proof of delivery with your recorded delivery appeal letter.


Hi There,

Yes have proof that delivery was accepted on 1st August. Should I be sending them anything to remind them that they haven't acknowledged my appeal by letter or email.

Do you think they are just ignoring and following the 2nd letter they sent and proceeding with court as they said I was passed the appeal date when I wasn't - they were referring to the original letters not even sent to me as mentioned earlier.

thanks again
Oscar31
Hi there,

following on from my emails below, I still have not heard anything from Parking Eye about my appeal that was sent recorded delivery on 31st July.

Do you think they are following up on their threat of court action even though they haven't replied to my appeal letter / email.

If you look back through my chain of messages you will see where some of the complications are, in that the original letters weren't sent to me, but the owner of the vehicle at the time.

Once I was identified as the driver I then followed the option to appeal and also pointed out to them that the 2nd letter they sent me threatening court action shouldn't be happening yet as I had only just responded to their appeal option in the time frame given. I also pointed out that I have never been the owner or registered keeper, just the driver

I think they have ignored my comments about my rights to appeal and jumped straight to the option to go to court as they are merging the letters sent to the original owner of the vehicle and myself as the driver identified later. Can they do this when they have already given me the option to appeal?

should I be sending them a letter reminding them that they haven't answered my appeal letter or given me a POPLA code?

Really appreciate any guidance

Thanks again
blueskier
Frustrating i know but dont expect these shysters to abide by their own code of practice.
Time scales, appeals procedures, statute law. None of these seem to matter in PPC world.
I wouldnt contact them. They are failing on their own and the longer the better if they choose to pursue it.

Dont expect them to give up easily though.

You can not reason with these people.
Oscar31
Hi there,
Still haven't heard anything from parking eye about my appeal on 31st July. Still think I should write to them saying they haven't replied with a POPLA code within 35 days.

At least if it went to court it shows that I have followed the rules even if they haven't.

Any thoughts ?

Many thanks
nigelbb
QUOTE (Oscar31 @ Thu, 26 Sep 2013 - 09:11) *
Hi there,
Still haven't heard anything from parking eye about my appeal on 31st July. Still think I should write to them saying they haven't replied with a POPLA code within 35 days.

At least if it went to court it shows that I have followed the rules even if they haven't.

Any thoughts ?

Many thanks

Never mind they 35 day limit where they have wriggle room under the current CoP they must acknowledge an appeal within 14 days & have failed to do so. Time for a complaint to BPA Ltd.

QUOTE
22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and
a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times.
Oscar31
Thanks for the advice.

Will complain to BPA at the weekend

I sent the appeal on-line though their site and recorded delivery so they have no excuse!

Thanks again biggrin.gif
bama
BPA will shrug it off - but do it anyway.
let them build up more consistent evidence of their 'blindness'

A complaint to Trading Standards is in order.

Failure to follow the CoP is a breach of CPUTR Sch 1 para 4.
http://www.legislation.gov.uk/uksi/2008/1277/schedule/1/made
SCHEDULE 1
Commercial practices which are in all circumstances considered unfair

1. Claiming to be a signatory to a code of conduct when the trader is not.
2. Displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation.
3. Claiming that a code of conduct has an endorsement from a public or other body which it does not have.
4. Claiming that a trader (including his commercial practices) or a product has been approved, endorsed or authorised by a public or private body when the trader, the commercial practices or the product have not or making such a claim without complying with the terms of the approval, endorsement or authorisation.

Unfortunately thats not one of the criminal transgressions of CPUTR.
But note the wording
QUOTE
Commercial practices which are in all circumstances considered unfair


Thats not say that the company involved hasn't gone as far as transgressing the criminal parts, arguably we do see such levels of transgression on here.
See
http://forums.pepipoo.com/index.php?showto...mp;#entry805190
For more detail on the 'meaty bits'.
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