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Can't park won't park
Dear PCN fighters,

Firstly thank you for all you time and efforts responding to and helping with guiding those subjected to PCNs. I have been reading this for some months now to help with my PCN. Now though I would like to ask for help.

My situation;
I received a PCN and ignored it up to the point that ParkingEye sent a "Letter before County Court Claim".
Following advise from the forums I responded stating that their letter was not fully compliant with the guidelines of 'Practice Direction' and Pre-action Conduct.
I also wrote to the land owner asking for the charges to be dropped. They sent me some details about the signs but said they have to charge because of a Section 106 agreement enforced by local government.
ParkingEye responded with a generic letter listing their FAQs
I responded saying that their letter hadn't addressed the issues I raised and that the "Letter before County Court Claim" was still not compliant (as above).
A real person seems to have written back this time saying they believe that their "Letter before County Court Claim" is fully compliant. It goes on to ask me to provide any evidence that the driver did not break the terms and conditions stipulated on the signage.

What should my next steps be please?

Thanks.
Kay Green PI
Parking Eye will lie their way through anything. Name the driver (provided it is not the same as the registered keeper then get the driver to send an appeal. My advice is to make it a soft appeal so that PE will send teh driver a POPLA code, then use the POPLA code.
bama
QUOTE
It goes on to ask me to provide any evidence that the driver did not break the terms and conditions stipulated on the signage.

PE still trotting out that rank garbage.
1) its 'their' claim so its up to them to make it out
2) no one can prove a negative

who was the real person who signed this letter ?
IIRC PE are on record as saying in court that their LBA's are compliant - but have never seen one that is.

The Section 106 stuff sounds 'interesting'.
you got copies of all docs ?
i.e what you sent and what you received ?
emanresu
QUOTE
Section 106 agreement enforced by local government


s106 is where a Supermarket "bribes" the LA by giving them cash for roads / swimming pools etc. Nothing to do with this. However is the LA actually the occupier. Find out who pays the rates from the LA as whoever pays the rates, is the occupier.

As regards the LBA letter, if you can name the driver if they are different from the Keeper. Or you can write again to the real person and say that you wish to refer this to POPLA to mitigate costs and to settle the matter without lengthy correspondence which does not address the issues (called "dialogue of the deaf")

The PE can either ignore and leave you alone, chase the driver who will win a POPLA, send you a POPLA code so you can win, or try a frighten by raising a claim, hoping that you will pay. (Only 2%* of these LBA's actually result in court and half are lost)

*Source is FOI request. See map in my signature
Can't park won't park
Hey guys,

Thanks for the replies.

Here is the email from the Managing Agents for the car park I parked in.

"Under a S106 agreement imposed on us by Mansfield Council, we allow all customers a free 45 minute stay and then have to charge.

THere are 8 pay and display machines across the park and over 20 signs, banners and signage at the entrance as per the requirements set upon us by the British Parking Association.

I have attached an example of the signage.

You can appeal using the details on the back of the charge notice, and send them across to me and I will ask Parking Eye to clarify the charge.

Kind regards,

Denis Copeland DipSCM
Regional Manager
Northern Shopping and Retail Parks
Savills Management Resources"
emanresu
QUOTE
we allow all customers a free 45 minute stay and then have to charge


So if you have stayed over the 45 and failed to pay the £x per hour, the loss is £x times the number of hours. Usually a few quid - not the £85 or so they ask for.

You could write back to PE and enclose a copy of the letter saying that the Managing Agents suggest you write and you wish a POPLA code so you can have their claims verified.
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