Parking Eye Maidstone - overnight paring

[Welshscooter]

I parked overnight at Asda Living in Maidstone from 22:49 to 06:30 on 14/15 August 2013 on my way to France and have received a parking notice for £90 dated 20/8/2013. During my absence in France I also received a reminder dated 23/09/2013 and a "Letter before county court claim" dated 8/10/2013. I have subsequently received a letter warning of court action. On my return to the UK on 14/10/2013 I responded to the correspondence on 16/10/2013 advising of my absence, pointing out that the business was closed (Opening hours 9am to 8pm) and asking for calculations of the charge, confirmation of their entitlement to raise the court action and the name of the landowner.

PE has now replied (See attachments) and stated that the appeal period had elapsed, and included 7pages of legal cases and why they are entitled to pursue the claim. I have now replied and asked for a POPLA number and asked for confirmation that the court action has been suspended pending the POPLA appeal.

Suggestions for future action would be appreciated

[dpick]

This would appear to be the normal bull excrement that you get from Parking Eye. You are proceeding in the correct way first POPLA (that costs parking eye approx. £28 though I believe that there is a time limit for appeals by POPLA not sure though) then wait for them to go the court route.

 

Then go as the sticky for fighting private eye in court of course they do not mention the number of court cases they are losing with regard to the monetary amount being a penalty.

 

dpick

[ericsbrother]

The gumpf they send you is telling you what they are claiming, not what the courts have said or agreed with. Note the section quoting their barrister-who would employ a barrister who disagreed with what you want? Not exactly an honest opinion, just trying to frighten you into paying up without a murmur.

You will need to know a little abiout the planning consent for the store's car parking as many were only granted planning consent if they provided free parking. One of my local supermaerkets bought a building that had a car park with it and they tried to introduce pay parking and the council planning dept told them in no uncertain terms that they wouldnt be having a car park if they tried that on so it stays as free parking but there are signs saying customer parking limited to 2 hours. I wouldnt be paying anyone for overstaying that time but I know about the planning covenant and most people dont.

[Scouse Magic]

Parking eye will only have a contract to monitor parking (A free car park) so we will be back to the old issue of serious irregularity in bringing proceedings in their own name.

 

Also it could be argued that the signage was inadequate especially at night that clearly shows a maximum stay

 

They are probably trying to get as much coffers for the xmas party before they depart for good

[Welshscooter]

Following my letter of 28 October 2013 asking for a POPLA number, I have now received the attached letter dated 30 April 2014.(Page 1 & 2 documents)

 

Comments would be very much appreciated.

[renegadeimp]

Convert to PDF and reupload.

[Surfer01]

They are really dragging thsi out. If they were so convinced they were going to win, why wait 5 months?

[ericsbrother]

They have failed to provide a POPLA code so they cannot use the PoFA to claim against the keeper of the vehicle. It is for them to prove who was the driver at the time and claim against them and them only. Then they will have to explain why they dont follow the industry codes of practice.

Your attachments are too small to see, you will need to convert them to a PDF so they are legible.

[Welshscooter]

Apologies for the files, I have uploaded PDF versions.

 

I look forward to your comments

 

Thanks

[armadillo71]

It's taken six months for them to reply to your appeal... So I would write back saying that as a ' gesture of goodwill ', you will allow them to let POPLA decide if they have a valid claim, and you will abide by their decision. They have fourteen days to respond, after which you will consider the matter closed.

[NailPost]

Find it strange that they can prevaricate so much and yet refuse an appeal to the supposedly independent appeal body because of your inaction in responding to their speculative invoice. Me thinks their regulator should be informed as a first step to making a complaint.

[ericsbrother]

So, no srtict proof of their entitlem,ent to claim anything, just more huffandpuff

[nicw20]

I don't know if it helps your situation but we parked in the same car park when we stayed at the travel lodge maidstone and are in a similar position. I have only just realised that there is a key pad in reception at that travel lodge to enter your registration details so I've contacted the travellodge to give my registration number to parking eye. If you stayed at the travel lodge you should do the same

[Welshscooter]

Thanks for the information about Travellodge as that is where I stayed.

In the meantime I have just received the Court Claim documents and will include that in the defence statement.

Any other thoughts would be appreciated.

[nicw20]

Hi

I would also recommend asking travel lodge to respond directly to parking eye as well as proof that you stayed there. I think travel lodge should have submitted your number plate. They told us we could park in the car park but failed to provide our reg to parking eye. When I called travel lodge they found my confirmation number & sent this email to parking eye -

 

From: maidstone Hotel

Subject: Ticket to cancel

To: parkingeye.co.uk

Cc: myemailaddress

 

Afternoon,

 

Could you please cancel a parking ticket from FEB 2014. Mrs xxx and family stayed here with us and we failed to inform all details.

 

Full name: Mrs N xxx

Reg: xxxx

Travelodge Confirmation booking: 5599999

 

Please erase this fine.

 

Kind Regards,

 

 

Travelodge Maidstone Central