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  • FIRST POST
    • spad
    • By spad 18th Apr 17, 1:32 PM
    • 5Posts
    • 1Thanks
    spad
    Help parkingeye ASAP
    • #1
    • 18th Apr 17, 1:32 PM
    Help parkingeye ASAP 18th Apr 17 at 1:32 PM
    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
Page 1
    • Umkomaas
    • By Umkomaas 18th Apr 17, 4:07 PM
    • 13,594 Posts
    • 21,320 Thanks
    Umkomaas
    • #2
    • 18th Apr 17, 4:07 PM
    • #2
    • 18th Apr 17, 4:07 PM
    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?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • spad
    • By spad 18th Apr 17, 5:47 PM
    • 5 Posts
    • 1 Thanks
    spad
    • #3
    • 18th Apr 17, 5:47 PM
    • #3
    • 18th Apr 17, 5:47 PM
    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?
    Last edited by spad; 18-04-2017 at 5:50 PM.
    • Redx
    • By Redx 18th Apr 17, 5:58 PM
    • 14,770 Posts
    • 18,580 Thanks
    Redx
    • #4
    • 18th Apr 17, 5:58 PM
    • #4
    • 18th Apr 17, 5:58 PM
    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
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Umkomaas
    • By Umkomaas 18th Apr 17, 6:03 PM
    • 13,594 Posts
    • 21,320 Thanks
    Umkomaas
    • #5
    • 18th Apr 17, 6:03 PM
    • #5
    • 18th Apr 17, 6:03 PM
    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.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • spad
    • By spad 18th Apr 17, 7:16 PM
    • 5 Posts
    • 1 Thanks
    spad
    • #6
    • 18th Apr 17, 7:16 PM
    • #6
    • 18th Apr 17, 7:16 PM
    so the casino still have the power to revoke the fee even though parkingeye said no to them?
    • Redx
    • By Redx 18th Apr 17, 7:19 PM
    • 14,770 Posts
    • 18,580 Thanks
    Redx
    • #7
    • 18th Apr 17, 7:19 PM
    • #7
    • 18th Apr 17, 7:19 PM
    so the casino still have the power to revoke the fee even though parkingeye said no to them?
    Originally posted by spad
    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
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • T Ray
    • By T Ray 25th Apr 17, 8:51 AM
    • 3 Posts
    • 3 Thanks
    T Ray
    • #8
    • 25th Apr 17, 8:51 AM
    • #8
    • 25th Apr 17, 8:51 AM
    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
    • By spad 26th Apr 17, 10:29 AM
    • 5 Posts
    • 1 Thanks
    spad
    • #9
    • 26th Apr 17, 10:29 AM
    • #9
    • 26th Apr 17, 10:29 AM
    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
    • By Quentin 26th Apr 17, 10:34 AM
    • 32,109 Posts
    • 16,202 Thanks
    Quentin
    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
    • By Fruitcake 26th Apr 17, 10:41 AM
    • 39,721 Posts
    • 79,510 Thanks
    Fruitcake
    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
    Originally posted by spad
    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.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • spad
    • By spad 30th Jun 17, 9:35 AM
    • 5 Posts
    • 1 Thanks
    spad
    my reply and there response on 17/5

    It seems quite insulting to repeat the same email to me especially when I’ve already made it quite clear I disagree with what you’ve said. I’ve been advised that I have perfectly valid reasons to not pay the fine and I find a £20 sum a generous attempt to meet half way. Having a legitimate case for not paying the fine which includes photo evidence and the support of the casino whose property it is I’m more than happy to take this to court if you so wish. I am fully aware of the costs that may be incurred however I’m fully convinced I’m in the right and the courts will agree with me at which point I’ll be claiming the maximum in costs. I hope you’re able to make a show of good faith as well and meet me half way in order to resolve this matter quickly and avoiding any extra hassle.
    !
    yours sincerely
    !Thank you for your further correspondence received in relation to the above referenced Parking Charge, which was issued following a parking event that took place on 3rd July 2016 at Grosvenor Casino Newcastle-upon-Tyne car park.
    !
    Please refer to our previous correspondences as we believe that they answered all your queries raised and outlined ParkingEye’s position in relation to this Parking Charge.
    !
    Please note ParkingEye dispute any costs you claim to have incurred and will oppose any application or claim that you may wish to pursue in relation to any such costs.
    !
    As per our correspondence issued on the 6th April 2017 stated we would be prepared to accept the discounted amount of £60.00 as a gesture of goodwill.
    !
    If payment is not received, this case will be reviewed and further action could include referral to a Credit Reference Agency, instruction of solicitors to secure immediate payment, referral to debt recovery or the issuance of court proceedings, all of which will incur further costs.
    • Fruitcake
    • By Fruitcake 30th Jun 17, 9:51 AM
    • 39,721 Posts
    • 79,510 Thanks
    Fruitcake
    That wasn't a very strong letter form you, especially if you called it a fine and therefore implied some sort of legitimacy.

    I refer you back to my previous post.

    The landowner has told parking lie to cancel the PCN. You do not understand what is so difficult for them to understand.

    Tell them to cancel or you will see them and the landowner in court.

    That's all you need to tell them. Say it over and over again, every time they contact you. The landowner has told parking lie to cancel. The landowner has told parking lie to cancel. and so on.

    That is all you need to do unless they issue court papers. The fact they haven't started court already implies they think they will lose if they try.

    Do not offer to pay them anything, just keep telling them to cancel because the landowner has instructed them to do so. Keep telling them like I keep telling you.

    Did you get a response form the MPs I told you to contact? They are still there to ask what's happening about your original complaint to them.
    Last edited by Fruitcake; 30-06-2017 at 9:57 AM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 1st Jul 17, 12:23 AM
    • 48,233 Posts
    • 61,699 Thanks
    Coupon-mad
    I also think PE's response was tellingly weak:
    If payment is not received, this case will be reviewed and further action could include referral to a Credit Reference Agency, instruction of solicitors to secure immediate payment, referral to debt recovery or the issuance of court proceedings, all of which will incur further costs.
    IMHO, they do not appear to be in a hurry to try a claim in this case.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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