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parking eye prosecuting an 89 yr old who didn't need a parking ticket
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Question Time from Coventry tonight :-)Illegitimi non carborundum:)0
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Scum is a term of abuse. It is not libellous.0
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[MASS NOUN]
1 • A layer of dirt or froth on the surface of a liquid:
green scum found on stagnant pools
1.1 • informal
A worthless or contemptible person or group of people:
you drug dealers are the scum of the earth
http://www.oxforddictionaries.com/definition/english/scum0 -
Exactly. Calling Parking Eye scum is a pejorative but is not libellous.
Describing Parking Eye as liars however could be libellous if the statement was not true. The easiest form of defence against a charge of libel is justification that the information published is true. Parking Eye have been held in court to be guilty of the tort of deceit so stating that Parking Eye were liars is the truth and is not libellous.
Whether Parking Eye continue to be guilty of the tort of deceit is a matter of debate. The other major defence against a charge of libel is that what was published was fair comment. So discussing whether Parking Eye have a corporate culture of lying or if it is just rogue employees who are guilty of terminological inexactitude in witness statements (as described by the Parking Prankster) is legitimate fair comment and thus not libellous.0 -
Parking Prankster said he was informed that a letter will be sent to the motorist telling him that the pcn and county court claim is/was being cancelled.He was right.Motorist got the letter, dated 12 May, yesterday(thursday).
Here is the full letter.
Dear Mr xxxxxxx,
We are writing in relation to the above referenced parking charge and subsequent county court claim made against you yourself as registered keeper of vehicle registration xxxxxx.
In this instance,we can confirm the initial charge was issued by parkingeye to yourself on 17/09/2013. Two further letters were also sent after this initial notice.As no appeal or payment was received in this period,we sent a letter Before county court claim on 05/11/2013. As a result of this parkingeye issued a county court claim against yourself on 07/02/2014.The parking charge sent to yourself was initially issued as a result of your vehicle remaining on site at the City of Coventry Health Centre for 1 hour and 34 minutes without purchasing time to park,or having having a permit registered at reception as a result of being a disabled badge holder.
It was only upon recieving your defence on 04/03/2014 that parking eye became aware of the circumstances surrounding your visit to site.As a result of the points you had raised we invited you to provide a copy of you blue badge within our reply to your defence.At this juncture a letter was sent to yourself stating that as we had become aware of a number of circumstances out of your control, that the decision was made to attempt to settle with you on a without prejudice basis.
Subsequently,we received a letter,informing us of the circumstances surrounding your case with a copy of your blue badge and other supporting evidence.Unfortunately this correspondence was issued to an incorrect department, so a small delay occurred in having this further information passed to our enforcement team for further review.It is not the intention of parkingeye to issue a parking charge to someone who was legitimately using the site,especially given the circumstances in this instance.Parkingeye run a dedicated appeals department so that if a a motorist wishes,they can appeal their charge and outline the circumstances of their visit to the applicable car park.Each appeal is then reviewed on a case by case basis,however we completely understand that on this occasion,regrettably,that circumstances meant you were unable to do so.
Had the facts of this charge have been brought to light prior to a county court claim being issued to yourself, parkingeye can confirm that this case would have been resolved much more expediently.
After receiving the further information outlined above and all the applicable evidence,a further review of this case was conducted by a senior member of the department and parkingeye then began taking steps to cancel this case with the county court.
Therefore parkingeye can confirm that now the full facts of this case have been presented to us,this charge (and county court claim) are now in the process of being cancelled with the court.Please be aware that it may take some time for the court to fully update their records.However we can confirm that no further action will be taken by parkingeye and we now consider this case closed.
Whilst parkingeye could not have reasonably known the unfortunate circumstances surrounding your visit to the hospital,we would like to take this opportunity to apologise for any distress this matter may have caused.
Kind regards,
(non illegible scribble)
ParkingEye Enforcement Team
(note there is no name mentioned as the signatory,charming but not surprising)0 -
That is complete and utter tosh.
They only cancelled because of what was bought up on here.
The wrong department my foot!!! I have never read so much garbage in my life.Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0 -
They apologise ?? Now that's a first! They cancelled this due to pressure being put on them, this would have been disastrous for their 'good' ethical image
It's a result for your friend , there's still an Equality Act breach but I think he will be just happy it's ended now.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
I suppose you should be thankful that they were not doing this as their usual 'gesture of goodwill'.
What a mealy mouthed excuse about 'wrong department'. As Jim Royle would say, 'Wrong department my 4rse'!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
I'm going to read this out to my baby daughter tomorrow night as a bedtime story .... She loves fairy tales!
:rotfl:
.The word "gullible" isn't in the dictionaryTickets: 19 [cancelled: 18, paid: 0, pending: 1]
PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
POPLA: 4 [accepted: 4, rejected: 0, pending: 0]0 -
All three comments BANG ON!
Soulless and cold but business as usual.And yes it was the uproar it was producing.
The words "..was made to attempt to settle this case with you on a without prejudice basis" cracked me up.Translated it obviously meant, Pay us £50 and we will consider the matter closed.If it wasn't for the fact people were interested, watching and getting involved they would have taken his money and not battered an eyelid.0
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