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#Post#: 66196--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Charitynjw
Date: April 8, 2025, 5:01 pm
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All the ppc has to do is show, on balance of probability, that
the first pcn was correctly addressed, postage paid & put into
the postal system.
They do not have to prove that it was delivered.
In fact, once they've done the above, the burden of proof falls
to you to prove that it was NOT delivered.
HTML https://emoji.tapatalk-cdn.com/emoji52.png
HTML https://www.legislation.gov.uk/ukpga/1978/30/section/7
HTML https://www.legislation.gov.uk/ukpga/1978/30/section/7
#Post#: 66219--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Layrex9
Date: April 9, 2025, 2:35 am
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Hello, How do you prove that it was not delivered? It sounds
rather like they have just served notice on me in that case and
I have to pay it, from a free car park, where I couldn’t access
the machines, and my disabled badges were displayed. I thought,
that because of the timing of the reminder, that proved that
they hadn’t sent out the original PCN? I can prove that my
letter of complaint was sent, registered. I thought the burden
of proof was on the one who was making the claim. I’d spent
£650.00 that day in the premises. Many thanks
#Post#: 66249--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: b789
Date: April 9, 2025, 5:28 am
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--- Quote from: Charitynjw link ---
>
> All the ppc has to do is show, on balance of probability, that
the first pcn was correctly addressed, postage paid & put into
the postal system.
>
> They do not have to prove that it was delivered.
>
> In fact, once they've done the above, the burden of proof
falls to you to prove that it was NOT delivered.
HTML https://emoji.tapatalk-cdn.com/emoji52.png
>
>
HTML https://www.legislation.gov.uk/ukpga/1978/30/section/7
HTML https://www.legislation.gov.uk/ukpga/1978/30/section/7
>
--- End Quote ---
Absolutely WRONG!!!!! If challenged, the operator must prove
that the notice was actually entered into the postal system. It
is not enough to simply assert that it was.
Under the Interpretation Act 1978, a notice sent by first class
post is deemed to be delivered (i.e., "given") on the second
working day after posting — but only if it was properly
addressed, postage paid, and posted by first class.
[indent]You only need a free Proof of Posting certificate from
any post office for this presumption to apply.[/indent]
Private parking companies do not generally post items
themselves. They outsource to mail consolidators using hybrid
mail services. These consolidators print and dispatch the mail,
often using bulk business postage that does not qualify as first
class.
What the operator typically tries to rely on is the handover
receipt from the mail consolidator, claiming this proves the
date the notice entered the postal system. It doesn’t. At best,
it proves the date the item entered the consolidator’s internal
system — not the Royal Mail postal system.
I will confidently wager £100 that any "evidence" they provide
from the mail consolidator will not show the use of Royal Mail
first class post. Instead, it will show a 2–3 working day
delivery service, which is not deemed delivery within two
working days.
Only first class post qualifies for the two working day
presumption under both the Interpretation Act and the Civil
Procedure Rules. If they’re using a slower service, then three
working days minimum should be allowed for delivery — and that
must be reflected in any procedural deadlines tied to the date
of service.
#Post#: 66256--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: b789
Date: April 9, 2025, 5:43 am
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[member=4733]Layrex9[/member], what is the status of your formal
complaint to 3-1-5?
What 'precisely' did you put for your POPLA appeal? You have not
shown us yet you expect us to provide advice on how to respond
to the operators evidence pack.
Any response must highlight the operators failure to answer or
rent any of the points in your POPLA appeal and then you can
begin to rebut anything in their evidence pack. You only have 7
days to respond.
I wouldn't worry about an unsuccessful POPLA decision if that
were to be the case. Their decision is not binding on you and
has no effect on anything going forward.
#Post#: 66314--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Layrex9
Date: April 9, 2025, 9:44 am
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Dear b789,
3-1-5 have not responded to my email of the 12/03/2025. I cannot
access my POPLA appeal, I thought, when it said I would have
access to the portal, that my evidence would be on there. Only
their evidence is on there. I said what had happened, that the
machine is not accessible, that my disabled badges were
displayed. On the night that I uploaded the POPLA appeal, I
could not upload my disabled badges and I said I needed
additional help with this - and I said that 3-1-5 have a copy of
my disabled badges also.
I am sorry, I didn’t realise you required a copy of my POPLA
appeal. I have emailed POPLA and asked for a copy. I thought I
had saved it to my computer, but it is old, and I cannot find it
unfortunately. I am not used to things like this. Yes, I have 7
days, from last Friday, but I was away.
Best wishes,
#Post#: 66327--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: b789
Date: April 9, 2025, 11:28 am
---------------------------------------------------------
Don't worry too much about this. If the POPLA appeal is
successful, that is the end of the matter. If it is not, their
decision is not binding on you. You certainly don't pay it.
Since 3-1-5 Health Club hasn’t replied to the formal complaint
and legal warning letter that was sent to them on 12 March 2025.
It looks like they’re hoping you won’t follow through, and
they’re choosing to ignore the situation.
At this point, you could take them to court for disability
discrimination under the Equality Act. However, I’ve looked into
the company behind 3-1-5 (X-Force UK Ltd), and there are warning
signs that they may not be financially stable. They’ve had
insolvency issues in the past and currently have charges (debts)
registered against them.
This means that even if you win your case, there’s a real risk
that the company might not be able to pay you—and you could end
up losing money, such as the court fees. Because of that, it’s
worth thinking carefully before going ahead with legal action.
If you don’t want to risk going to court, there are other ways
to keep the pressure on them and possibly get a result:
[indent]• Contact the landlord or landowner – If 3-1-5 rents
their building, the landowner may be concerned about
discrimination taking place on their site. They may step in.
• Public pressure – You can leave reviews online (Trustpilot,
Google, etc.) or share your experience on social media. You can
also contact local newspapers or disability support groups. This
can damage their reputation and often pushes businesses to take
complaints seriously.
• Make a data complaint – If ParkingEye still has your personal
details or Blue Badge image, and they had no right to keep them,
you can complain to them under data protection law (UK GDPR). If
they don’t handle that properly, you can escalate to the
Information Commissioner’s Office (ICO).
• Use a final letter to push for cancellation – One last short
letter could say that due to their financial situation, you’ll
pause any court action—but if they don’t cancel the PCN and
apologise, you’ll take other steps instead. This sometimes makes
them reconsider.
• Contact the Equality Advisory and Support Service (EASS)
HTML https://www.equalityadvisoryservice.com
– They offer free advice
about your rights and how to push forward with your complaint
without going to court.[/indent]
You don’t have to decide straight away, but these are all ways
to move forward without spending more money or taking legal
risks. Let me know what you’d like to do.
#Post#: 66352--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Layrex9
Date: April 9, 2025, 1:39 pm
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Dear b789,
Thank you, that is all really good advice, I shall look into
that. I think perhaps another letter to push the cancellation -
especially after I saw the marketing material collaborated
between Parkingeye and 3-1-5, in which they said they loved the
flexibility of being able to have control over the car parks and
cancel the tickets for genuine mistakes. It strikes me as
something smelling rotten in the State of Denmark.
Do I need to follow up the emails to 3-1-5 with postal letters?
I have only emailed 3-1-5 so far. Parkingeye with my original
complaint, I sent a letter - and they emailed me back!
I will certainly get on and look into these other suggestions -
thank you - I would have had zero clue!
If the POPLA appeal were to fail - what happens then? Would
Parkingeye take me to court? I have never had anything like this
- being chased for money! It sounds like you could serve notice
on anyone for anything - for no reason - just because you have a
notice up! I can’t believe it. It seems legally criminal.
Best wishes,
#Post#: 66358--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: b789
Date: April 9, 2025, 2:08 pm
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If you are not successful at POPLA, ParkingEye may well
eventually issue a claim against you. However, that is nothing
to fear. This is not a criminal matter. It is a civil
contractual matter. In the vast majority of cases, it never gets
as far as a hearing even. More often than not, the claim is
either struck out or discontinued.
A county court claim is actually ideal as it is the ultimate
dispute resolution service. It's not Rumpole of the Bailey.
I've asked a barrister friend who is very successful in
defending these cases to have a look at yours and provide any
further advice regarding whether to try and sue X-Force Ltd for
the damages.
If you've had email responses from either ParkingEye or 3-1-5,
then just use that. Whenever you send an email to anyone, make
sure that you CC in yourself as then you will have a copy of
what was sent showing their email address.
#Post#: 66376--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Layrex9
Date: April 9, 2025, 4:17 pm
---------------------------------------------------------
Dear b789,
Ah thank you, that is reassuring. If I email again, what should
I say? Should I send the same email again or should I modify it?
Thank you very much for asking your friend about it, it is very
much appreciated. What an awful situation! I just wish they
would cancel it. If it had been my business and this had
happened, I would cancel it without question, fully
understanding that the machine was inaccessible! The disabled
badges have to be displayed as a condition as well - and mine
were - but nobody seems bothered about that and only bothered
about entring your reg into a machine that you cannot get to
unless you are a member!
It is as if it has been done to pick specifically on disabled
people and it is so, so wrong! A set-up!
Best wishes,
#Post#: 66404--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: b789
Date: April 10, 2025, 3:36 am
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Contact Jackson Yamba at Contestor Legal Services
HTML https://www.contestorlegal.co.uk/home.
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