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Wednesday 23 July 2014

ParkingEye lose in court - black hole of disappearing mail. Judge ruled they lied about receiving mail

In a case reported last week ParkingEye's claim was thrown out of court when it was revealed they had ignored all the motorist's letters.

The parking charge for overstaying 15 minutes at Family Bargains in December 2012 stated they could appeal by sending store receipts.

The motorist first appealed in January 2013, sending copies of receipts to prove they were genuine customers.

After ParkingEye said they had not received the first letter, the motorist sent the latter again in February 2013.

There was then further correspondence by email and phone in July 2013 with ParkingEye still denying receiving proof of using the store. The motorist therefore send a copy of his bank statement.

He thought that was the end of the matter, but out of the blue in November 2013 ParkingEye filed a court claim apparently without sending a letter before claim. The motorist emailed ParkingEye who denied receiving any of his letters.

District Judge Elizabeth Williscroft stated that although ParkingEye denied receiving correspondence, on the balance of probabilities, it did. She dismissed the claim.

After "18 months of torture" for the defendants, the case was finally over.

Prankster Analysis

This sadly is not an isolated case. The Prankster has heard from many people who sent letters to ParkingEye, but ParkingEye claim never to receive them. In at least one case, ParkingEye denied receiving a letter despite having signed for it, recorded mail. The converse is also true. ParkingEye claim to have sent letters which are simply never received.

It is apparent something is deeply wrong with ParkingEye's mail department. ParkingEye of course know this, but stick their head in the sand. When their mail does not arrive, they blame the motorist. When the motorist's mail does not arrive, they blame the motorist again. Sadly, ParkingEye cannot be trusted and have a proven history of lying, distorting facts and twisting evidence. They do this without shame to motorists, the courts and their own customers. When found out, they quite brazenly act as if they have done no wrong, and just switch tactics. For instance, for a long while ParkingEye lied to the court that their average cost per ticket issued was £55. They were well aware this was a false claim, having later admitted it in writing. When it was proven that the cost was in fact less than £17, they just stopped making this lie, instead replacing this with the misleading comment that their profit margin was 7% in 2013. (Their 2012 profit was over 30%. Their forecast 2014 profit is over 30%. Their pre-tax 2013 profit is 11%; this lowering of profits in 2012 is likely to be due to extraordinary costs involved with their takeover by Capita that year)

The only way to protect yourself in these situations is to be proactive. Whenever you contact ParkingEye, get a free proof of postage. Photograph this and keep it safe. If you have no reply within 14 days, contact ParkingEye again, but also contact the British Parking Association on aos@britishparking.co.uk to inform then that ParkingEye have not replied within the timescale required by the code of practice.

This will cover your back and mean that if ParkingEye lie in your case, you have the proof to back your claims up.

Happy Parking

The Parking Prankster



4 comments:

  1. That's why I always send post to these sort of people by recorded delivery, because you'd be surprised how many people say they haven't received post!

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  2. For the sake of posterity there is another paper covering the same story here: http://www.derbytelegraph.co.uk/Motorist-8216-ecstatic-8217-Derby-court-victory/story-21658621-detail/story.html

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  3. These PPCs must have solid grounds for a class action claim vs Royal Mail. They are clearly being victimized.

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  4. In our case, they denied sending a copy of the contract between themselves and the leaseholder at Fistral Beach, luckily the Judge had been sent a copy of the unsent contract, which he kindly produced for us in court. I sometimes wonder if they are in fact deceptive, or maybe a little disorganised-certainly seemed amateurish.

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