ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside retail park, Chelmsford

[FTMDave]

That's because it's probably not there - i.e. the fleecers haven't bothered with planning permission, which is a criminal offence.

You can pay £50 and the matter would end there.

Or you can decide to fight these complete charlatans with their illegal signs and absurd time limits in retail parks where families with children go to shop and to eat.  If you decide the latter we will help all the way.

[FTMDave]

That's an excellent letter from LFI.

 

Send it off 2nd class post and get a free Certificate of Posting from the post office.

[FTMDave]

CAG is a self-help site.  Surely you've been reading other Parking Eye threads to get the gist of the legal process and what will happen next?  There are numerous references all over the forum about a new Act as the government is in the process of regulating this horrible industry (which of course the private parking companies don't like).

 

Recently someone didn't reply to a Parking Eye LoC.  The result was that PE reckoned that as they had ignored a LoC they might also ignore a claim form and so raced to start a court claim in the hope of getting a default judgement.  That is what will happen to you if you don't reply.  Especially as you overstayed for nearly 40 minutes.

 

They might still start a court case even after receiving a snotty letter, there are no guarantees, but what LFI has drafted will at least make them pause for thought.  You are showing you know the law and are aware of their shenanigans and would be a big pain in the backside for them if they did do court.  Generally - not always - they go after some mug who it is easier to bully into coughing up.

 

LFI has already put the work in here for you.  All you have to do is copy LFI's letter, stick in the PCN reference, and send it.  As already scribbled, send it off 2nd class post and get a free Certificate of Posting from the post office.

[FTMDave]

The letter is fine

[FTMDave]

Of course, who cares about PE's silly internal procedures.

[FTMDave]

When you've done Acknowledgement of Service please come back because there are a couple of things to consider regarding defending specifically Parking Eye cases.

[FTMDave]

Right, so you need to prepare your defence.  Go to  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/  and scroll down to  Q2) How should I defend?  There is the template defence.

However, PE operate differently from other PPCs with court claims.  They don't invent Unicorn Food Tax.  However, in recent cases, like yours, they have hit on claiming more money by adding solicitors' costs even though they have no solicitor.  Therefore the defence is fine except for point 5 which needs to be altered:

5.  The Claimant is abusing the court system by claiming £50 for legal representative's costs even though they have no legal representative and indeed are representing themselves.

I see your deadline is Friday 21.  File it on Thursday 20 just to be on the safe side.

        

 

[FTMDave]

Yes, fine.

Obviously cut out your note in (5) -

I can see on their letter there was the name of a solicitor ( no address was given for the person which is strange )

[FTMDave]

So confirmed, no DQ has been sent by the court.

PE are trying one of their slimy, "frightening" tactics.

Ignore the rubbish they've sent.  Wait for the real DQ from the court.

[FTMDave]

Very good move to contact the retail park owners.

However, you're right that you should have done it while this was a simple PCN, now that there is a claim form you can be sure the fleecers will fight like hell to not cancel, because the poor dears have shelved out the enormous sum of £35 to start the claim.  Have a look at the last couple of pages of Reapstar's thread at Goodmayes Hospital.

Good move though.