Help parkingeye ASAP

spad · 18 April 2017 at 1:32PM

I have had ongoing correspondence with parkingeye since 3ed june 16 and I am wondering if I will win in court? I followed the appeals procedure before realizing I could have got the casino to remove the fine at this point the casino tried to remove it but parkingeye would not allow saying its gone to far..
I was parked in the casino carpark for the first time and was unaware that I was needed to input my plate number into a machine I have photos of the entrance and the signage is shocking and I would argue that is impossible to see unless you are purposely looking. the casino is willing to give me the proof I was on the premises at the time in question so the only breach of contract is maybe not entering my plate number, the company made no loss as its free parking but yet parkingeye are pushing hard for payment, they have offered a reduced payment aswell, what would be the solicitor fee and court cost if I lost?
thanks

Umkomaas · 18 April 2017 at 4:07PM

I am wondering if I will win in court?

You would first need to develop a robust defence, gather and provide evidence (which would include a written confirmation from the casino that they want your ticket cancelled - very important) and then take your chance at what is a 50:50 lottery at the small claims court.

This is new to you. It is not new to PE. They issue ~25,000 court papers a year and around 1,500 end up at a hearing. So you would need to put in plenty of legwork in terms of research and writing your defence etc. Help is available here, but the heavy lifting will be your responsibility.

If you lost, small claims court costs are capped. You'd likely have to pay the original PCN (£100?), their solicitor costs (max of £50), their court filing fee (£25) and the court hearing fee (£25). Around £200.

Have you received court papers? If so, what date do they have on them?

spad · 18 April 2017 at 5:47PM

thanks for your reply, I have yet to receive a court date as the keep offering me a reduced fine good will gesture of 60,
so even if I have proof that I was in the casino at said time I still only have 50/50 chance of winning?
They incurred no loss of revenue as it free parking to people using the casino.
would parkingeye be acting on behalf of the casino if so and the casino tried to remove the fine why is that not enough to win
how much would the real cost be to parkingeye if I did go and lose, there solicitor costs would excide 50?

Redx · 18 April 2017 at 5:58PM

only a judge can decide the outcome and only a fool would tell you that prediction beforehand

google BARRY BEAVIS and read how he lost 3 times to 11 judges , when he thought he had a valid case

a typical loss for one pcn would be around £175 to £225 , could be £10 or whatever a judge decides

if you win you could claim about £90 in costs

the decision is yours to make , but if you have a valid case, let a judge decide in court

bear in mind there are no odds because its judge bingo , a lottery, totally dependent on the facts presented and the judge presiding on the day

ps:- you have not been "fined" , PE cannot "fine" anybody because they do not have the "authority" to do so , a private company cannot "fine" you

its a speculative invoice, nothing more

the person that told you that it is a "fine" is an idiot and a fool

Umkomaas · 18 April 2017 at 6:03PM

If this hasn't got to the court stage then put pressure back on the casino to get this cancelled. Threaten cancelling your membership (if there's such a thing) and others in your family.

Ordinarily PE are receptive to landowner cancellations, but do get very stubborn if they've already issued court papers and have paid the filing fee.

spad · 18 April 2017 at 7:16PM

so the casino still have the power to revoke the fee even though parkingeye said no to them?

Redx · 18 April 2017 at 7:19PM

spad wrote: »

so the casino still have the power to revoke the fee even though parkingeye said no to them?

depends on the contract they made, and you have not seen it, so without the facts nobody can say for sure, but it may still be possible

T_Ray · 25 April 2017 at 8:51AM

Hello , after 5.1/2 months of phonically. emails & letters - I just won my appeal with ParkingEye, NOT with the help from ALDI or POPLA appeals - BUT from CAPTA pensions who are purchasing ParkingEye.

I wrote 'in their website' how horrified I was they were associating themselves with such a Mindless organisation who preyed on innocent shoppers & visitors & used a business plan designed by a PARASITE. My pensions are held by CAPITA & I would consider this in my later years.

The case was dropped within 3days. Ray

spad · 26 April 2017 at 10:29AM

I have contacted the casino and received a letter stating I had the right to park there and forwarded it to parking eye and the casino also sent them a letter saying they want it revoked, parking have replied " please note our letter issued on 27th September which advised that if your appeal to popla was unsuccessful you would be required to pay the full amount of 100".
is this saying i entered some sort of contract by just appealing to popla? or just another scare tactic
thanks

Quentin · 26 April 2017 at 10:34AM

They will use any tactic to get money off you.

Try and get a copy of the casinos letter to them asking them to revoke. That will be useful to show the judge should this get to court

Fruitcake · 26 April 2017 at 10:41AM

spad wrote: »

I have contacted the casino and received a letter stating I had the right to park there and forwarded it to parking eye and the casino also sent them a letter saying they want it revoked, parking have replied " please note our letter issued on 27th September which advised that if your appeal to popla was unsuccessful you would be required to pay the full amount of 100".
is this saying i entered some sort of contract by just appealing to popla? or just another scare tactic
thanks

Parking lie are a nasty, nasty company and don't care about anything except money. They are bullies and here you can see they are clearly bullying you and frightening you into paying.
The fact that you have an instruction from the landowner to cancel helps you immensely, but doesn't guarantee that it will not go to court.

Reply to parking lie again that the landowner has instructed this pcn to be cancelled, and therefore they have no prospect of winning in court. They are therefore required to cease and desist. Just keep responding in the same manner every time they reply but come back here if they do try court.

Keep telling them that the Landowner = person who owns the land, who has the contract with parking lie, says cancel. Don't try to argue any other point.

Meanwhile, complain to your MP, Mrs May, Andrew Jones MP (although they may be a little distracted by other things at the moment) and also contact local and national press. Emphasise the point that the landowner wants this cancelled because the driver was a genuine customer and had permission to park, yet the parking parasites who belong to an unregulated industry, and who have been caught lying in court, still want your money.

Help parkingeye ASAP

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free