Free Traffic Legal Advice

Had a reply today. Clearly they have no intention of providing any of the documentation requested. Reply below:

‘Dear Sir / Madam,
Thank you for your correspondence received in relation to the above referenced Parking
Charge.
We note that the points made in your recent correspondence are the same as the ones
that have previously been addressed and ParkingEye will not enter into further
correspondence in respect of these arguments. We would refer you to our previous
correspondence as our position remains unaltered.
We can confirm that we maintain our position that the full amount of the Parking Charge
remains outstanding and that we have been unable to reach an agreement in respect of
the same via the Reply Form.
We now require full payment of the outstanding sum of £130.00 within the next 14 days or
legal action will be taken. Should court proceedings be issued, further costs will be
incurred. These will include, but are not limited to, the court claim issue fee and the
solicitors costs referred to within the LBCCC.
Payment can be made by telephoning 0330 555 4444, by visiting
www.parkingeye.co.uk/payments or alternatively 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.
Yours faithfully,
Parkingeye Team’

By “previously addressed” I assume they mean ignored. I’m partly tempted to reply that as they will not enter into further correspondence, neither will I, and will see them in court.

Assuming I should just point out how unreasonable they are being given I’m expected to defend myself in court on the basis of the standing of the documents I require?

Thanks again.

For what it's worth and as evidence of their PAPDC failure, respond with the following email:

Your ref: [PCN/Ref]
Site: Challaborough Bay Pay & Display, Kingsbridge
Date of your latest letter: [insert date]

By email and post: enforcement@parkingeye.co.uk

Subject: Final pre-action reply – repeated non-engagement and defective £130 figure

Dear ParkingEye,

Liability is denied.

You have now twice refused to provide the core documents I requested before action: (i) contemporaneous photographs of the actual entrance and terms signage as displayed on the material date, (ii) the exact clause(s) you allege were breached (verbatim, cross-referenced to the signage), and (iii) the landowner contract conferring authority to issue PCNs and to litigate in your own name. Your latest letter simply repeats demands and asserts that you “will not enter into further correspondence”. That is not engagement with the Pre-Action Protocol for Debt Claims.

Your £130 figure remains defective. You identify a £100 “Parking Charge” plus a £30 “LBCC administration fee”. That £30 is a pre-issue overhead and an attempt at double recovery. It is not recoverable in addition to the principal. If you proceed, you are put on notice that any claim will be defended on fact and law and that I will seek costs for unreasonable conduct (CPR 27.14(2)(g)) relying on this correspondence.

For the avoidance of doubt:

• The £30 add-on is not accepted and will be opposed.
• If you intend to rely on PoFA Schedule 4, you are put to strict proof that the NtK states a period of parking (not merely ANPR in/out) and was served in accordance with the statute.
• Your ANPR times (15:49–16:06) do not evidence a period of parking and include circulation/consideration time.

This is my final pre-action reply. Either:

(a) within 14 days, provide the three items above in full (i)–(iii) and confirm that any claim will be limited to the principal plus the fixed court fee and fixed, permitted legal representative’s costs on issue; or
(b) issue proceedings. Further template demands will be retained as evidence of unreasonable conduct but will not be answered.

I do not consent to service of proceedings by email.

Yours faithfully,

[Name]
[Postal address]
[Email]

Received the following reply today. Though someone seems to have taken the time to respond directly, they still manage to leave ‘£X’ in from the cut+paste:

‘We note that the points made in your recent correspondence are the same as the ones that have previously been addressed and Parkingeye will not enter into further correspondence in respect of these arguments. We would refer you to our previous correspondence as our position remains unaltered.
 
We can confirm that we maintain our position that the full amount of the Parking Charge remains outstanding.
 
We now require full payment of the outstanding sum of £X within the next 14 days.  If payment is not received, this case will be reviewed and further action could include referral to a Credit Reference Agency to confirm the correct address, instruction of solicitors to secure payment, referral to debt recovery or the issuance of court proceedings, all of which will incur further costs.
 
Payment can be made by telephoning our offices on 0330 555 4444, by visiting www.Parkingeye.co.uk, or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.
 
Please note Parkingeye dispute any costs you claim to have incurred and will oppose any application or claim that you may wish to pursue in relation to any such costs.’

Although I had stated previously I would not reply further, I feel it may be necessary to restate that I will not engage with debt collection agencies. I stated it previously, but have no confidence it was noted or that it will be honoured. The Credit Reference Agency threat seems a bit low too. Don’t know if they can mark your credit or not - not that it would affect my choice to take this to court - but depending on if it is possible or not, it’s either 1. A really manipulative action to take, or 2. A bullying threat.
 
Any way; reply saying ‘I will not engage with debt collection agencies and await proceedings being issued’, leave it altogether, or anything else I should add?

Any advice greatly appreciated as always.
 

Stop panicking about the "credit reference agency". There is nothing, I repeat NOTHING, they can do that will affect or have any impact whatsoever on your credit report. The absolutely only way anything could have ANY impact. on your credit report would be if they issued a court claim and you either did not respond or if you did and lost and a CCJ was issued AND you did not pay it within 30 days, only then would it have any impact on your credit. If it is paid within 30 days, there is no record of it. It is completely expunged from the record.

What they can do is refer to a credit reference agency to do a soft search to confirm your current address for service. That does not "mark" your credit record. As for "referral to debt recovery", don't get me started. Debt collectors are powerless to do anything except to try and intimidate the low-hanging fruit on the gullible tree into paying out of ignorance and fear. A debt collector is a third party unconnected with any contract allegedly breached by the driver they and are unable to do anything.

I would respond, even if just to frustrate them, with the following:

Subject: Final pre-action reply – non-engagement noted

Dear ParkingEye,

Your latest letter repeats demands and even retains a template placeholder (“£X”). My position is unchanged.

For the avoidance of doubt:

• I will not engage with debt collection agents.
• You have my correct postal address for service; you do not need CRA tracing. Any suggestion that my credit file could be affected absent a judgment unpaid after one calendar month is misleading and will be relied upon as unreasonable conduct.
• If you issue, the claim will be defended.

For the record, your recent letters contain statements that are potentially misleading and/or aggressive (e.g. implying adverse credit consequences outside of a judgment unpaid after one calendar month). I am preserving all correspondence and will share it with enforcement bodies—including Trading Standards (via Citizens Advice) and the Competition and Markets Authority—for assessment under current consumer protection law (including the DMCC Act 2024).

No further pre-action correspondence will be entered into. Issue proceedings or desist.

Yours faithfully,

[Name]
[Postal address]