Free Traffic Legal Advice

Here is ParkingEye's response to the letter you drafted - they have not addressed any of the points made......


"Dear Ms. X
 
We are writing in relation to your below correspondence regarding Parking Charge reference xxxxxxxx
 
Our records confirm that the Notice to Keeper was issued on Saturday, 21/12/2024 and was deemed served on the second working day - Tuesday, 24/12/2024. A further letter was issued on Monday, 30/12/2024, which you have acknowledged receiving on Friday, 03/01/2025.
 
Please be advised that there is no requirement for us to send correspondence via recorded delivery. We have provided sufficient evidence confirming that the letter was sent via our mailing provider. We have no incentive to withhold correspondence, as it is in our interest for matters to be resolved promptly, either through payment or appeal, rather than through referral to debt recovery agents or legal proceedings.
 
Our position therefore remains unchanged. As a gesture of goodwill, the Parking Charge remains payable at the discounted rate of £60.00. The same rate that was applicable when the initial Notice to Keeper was issued. The case has been placed on hold at this amount for 7 days.
 
Payment can be made by telephoning 0330 555 4444, by visiting www.parkingeye.co.uk/payments or by posting a cheque/postal order to Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ.  Please ensure you write your reference number on the reverse of any cheque/postal order so the payment can be allocated.
 
We have now closed this complaint, and no further responses will be issued via this process."


I assume from this that if I don't pay within 7 days they will pass it to debt recovery agents?

Hello. I have received an email today from ParkingEye. They are just reiterating what they have said before and as proof of postage have shown a section from the report from the mail consolidator (exactly the same as the BPA provided)…..


“We are writing in response to your recent correspondence regarding Parking Charge reference xxxx, which was passed to us by the British Parking Association.
 
The signage located at Home Bargains Shipley confirms the customer only car park has a 2-hour maximum stay period in operation. Vehicle registration xxxx remained within the car park on 18/12/2024 for 2 hours 21 minutes, therefore the terms and conditions were breached and the Parking Charge was incurred.
 
Our records confirm that correspondence was issued via the post on 21/12/2024 and 30/12/2024. We do appreciate your frustrations regarding the postal issues; however, any Royal Mail postal issues are unfortunately out Parkingeye’s control. Our mail consolidator report shows the below record of postage :-

We can confirm that complaint reference #xxxx, received on 04/01/2025 via our website was responded to via email on 22/01/2025. Copies of the postal correspondence were provided, together with the appeals procedure, our website link and postal address. The case was placed on hold to allow you to submit an appeal, or make a payment at the discounted amount.
 
Our records show that no appeal has been received to date and Parking Charge xxxx remains outstanding at £60.00.”

This is the email they sent with the information in the body of the email they did not attach a document.

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Thanks for this.

I have posted everything I have received and do not have a copy of the iMail report or screenshot so I will go back to her and request a copy.

I have just received this from BPA and they have now closed the case....

"Dear C,
 
I have reviewed your complaint and can advise as follows.
 
The charge was issued because the vehicle remained on site for 2 hours and 21 minutes and the maximum stay was 2 hours.  Parking Eye have advised no appeal has been registered with them to contest the charge.
 
Serious GDPR breach
 
I have responded separately on this point and can confirm that no breach has occurred as the email was not sent to Euro Car Parks.
 

Misrepresentation of “Recorded Delivery” vs “Proof of Postage”
 
I want to clarify that our investigation is limited to breaches of our Code of Practice. My colleague previously mentioned that we cannot intervene in matters concerning missing mail, as it is challenging to verify whether an item has been sent or received.
 
It is quite possible that a notice was dispatched but did not reach you. Therefore, this is a matter that has to be taken up directly with Parking Eye
 
Parking Eye have confirmed that the original Notice to Keeper was sent on December 21, 2024, and they have provided us with their iMail report detailing the postage record. This confirms that the letter was processed and prepared for mailing on December 21, 2024, at 07:01. Additionally, Parking Eye have supplied a screenshot indicating when the outbound correspondence was sent. It shows that the Notice to Keeper was sent on December 21, 2024, followed by a second letter sent on December 30, 2024. Both letters were sent to the address registered with the DVLA.
 
Based on the evidence provided by Parking Eye, we believe it aligns with the requirements outlined in the Code of Practice.
 
I appreciate your feedback regarding our actions, and I understand your concerns. I hope the information provided clarifies our position.
 
Please know that we take adherence to our Code very seriously, and we are committed to investigating any claims of noncompliance if supported by evidence.
 
As I have not identified a breach of our Code, I have closed the case.  Parking Eye will respond to your most recent communication shortly. "
 

I have received another email from the BPA (AOS Investigations Team) confirming that there has been no breach of GDPR.  They consider that aspect of the complaint closed and will be in touch once the other items have been reviewed.

 

Thanks for this. Should I be requesting that the BPA compliance officer dealing with this complaint escalates it to a more senior member of the team? She has had two opportunities to address the issues raised but the failures you've highlighted suggest she is out of her depth.

Thank you for the draft letter. I have sent it and will update you when I receive their response. Many thanks.