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Parking Dispute

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Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    ManxRed wrote: »
    What's the odds?

    PE ticket car.
    Car's RK is called Joe Bloggs
    They pursue the RK but to no joy.
    They hire a credit reference agency to track Joe Bloggs
    Credit reference agency finds a completely different unrelated Joe Bloggs
    PE sue them.

    That's my theory.


    yes I agree , and that was the direction I was going , until the OP said "It is showing on my credit rating but definitely not been to court."


    hence the reason for awaiting the OPs return
    Save a Rachael

    buy a share in crapita
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    all gone quiet on this?
    Save a Rachael

    buy a share in crapita
  • SaSuz
    SaSuz Posts: 9 Forumite
    Apologies for not replying sooner. Before I posted on here I sent an email to PE and Equita again explaining the facts and the lies I had been told. I originally emailed them giving them 10 working days to cancel the parking fine - 10 days are up 8th January which I reminded them in my email yesterday and that I would be consulting my Solicitor and making complaint to the necessary ombudsman. I was going to send a further email today as advised in the link provided by pappa golf but PE replied before I could. Here is their email to me received earlier. (They do refer to me not writing to them after I original contacted them in 2014 but I can assure you I sent a letter and as I heard nothing further assumed the matter was closed until Equita wrote to me in December).

    Thank you SOOOOO much for all your help. I do await a response from DVLA with regard to what records they hold on me and should it come back negative I will be requesting compensation from PE as despite what they have said in their email today they would not have got the information from DVLA. I haven't been able to double check my credit rating atm but I can assure you I will. Thanks again xxx (obvs I have removed my name and address from the email) Also to the person that asked where alledged offence took place it was in a Bristol car park xx

    [FONT=&quot]Dear #,[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Thank you for your correspondence received in relation to the above referenced Parking Charge.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]ParkingEye, as a member of the British Parking Association, are able to request the details of the Registered Keeper of a vehicle from the DVLA should reasonable cause to do so be shown. This takes place before a Notice to Keeper is issued pursuant to the Protection of Freedoms Act 2012.[/FONT][FONT=&quot][/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Once these details have been requested and obtained, ParkingEye are unable to request details from the DVLA again in relation to the same Parking Event, however, upon receiving no response from the Registered Keeper in relation to the Parking Charge in question, ParkingEye also conducted a trace using a credit reference agency. This provided a positive result at the address of #####.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]We can confirm that following a letter being issued to yourself at the above address, as provided by a credit reference agency, we received a phone call, wherein you were advised that any appeals or complaints were required in writing. Unfortunately, nothing further was received from yourself in support of your contention and the case has therefore continued by being passed to Equita. We can confirm that, to date, we are still not in receipt of any evidence, aside from the content of your emails, to support your contention that you are not the registered keeper of this vehicle and it is our position that we have reasonably relied upon the information provided by both the DVLA and the Credit Reference Agency when seeking payment of the amount outstanding.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]The above notwithstanding, we will agree to cancel this Parking Charge on this occasion and we can confirm that there is no outstanding amount due in relation to this matter. For the reasons outlined above, however, ParkingEye would dispute any claim for costs that you may wish to make in relation to this matter.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Kind Regards,[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]ParkingEye Enforcement Team[/FONT]
  • SaSuz
    SaSuz Posts: 9 Forumite
    Ps my email to PE and Equita yesterday asked for a copy of the paperwork they received from DVLA showing me as the registered keeper - surprise surprise not received it!
  • Umkomaas
    Umkomaas Posts: 43,213 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 January 2016 at 6:26PM
    Good that the parking charge is revoked. Do please keep us posted on how your enquiries to the DVLA go and what transpires from you credit agency check.
    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 Street
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    edited 6 January 2016 at 6:48PM
    Parking eye lie!


    there statement
    The above notwithstanding, we will agree to cancel this Parking Charge on this occasion and we can confirm that there is no outstanding amount due in relation to this matter. For the reasons outlined above, however, ParkingEye would dispute any claim for costs that you may wish to make in relation to this matter.


    how nice of them , the parking notice DOES still stand , its been cancelled because there "agent" , employee made a balls up ,


    this was probably Equita , and I would be looking into the legality of obtaining your info and passing bit to PE , who had no reason to have it, they have admitted they got the correct data from the DVLA
    Save a Rachael

    buy a share in crapita
  • Have you still got all the paperwork from PE ? Does it claim you are liable as the RK as they have satisfied the requirements of POFA ?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    seems the only paperwork Is a letter from equita (credit checking agency?) asking/demanding money with threats of court for a unknown to the OP company called parking eye.


    however the OP has not answered the question about something on their credit file , which they thought was PE/Equita orientated




    I struggle to see how the DVLA can give an answer if the OP has never been registered by name on their system
    Save a Rachael

    buy a share in crapita
  • salmosalaris
    salmosalaris Posts: 967 Forumite
    edited 6 January 2016 at 7:38PM
    Need to see if any paperwork claims the debt is due from the OP because the requirements of POFA have been met . A statutory condition of this is that the data they are using was received from the Secretary of State ( DVLA)
    If it does and her data was received from elsewhere does this not constitute the tort of deceit again ?
    Unfortunately if it's just the standard Equita letter there is no mention of POFA .

    If they instead argue they are now pursuing the driver non POFA to avoid such an allegation how does that stack up with their Kadoe contract when that original data was released solely to pursue the RK under POFA .
    What a tangled web
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    but PE admit the details were obtained using POFA , and they instructed their agents to act upon THIS info ,
    Save a Rachael

    buy a share in crapita
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