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  • FIRST POST
    • Ladyoftheflowers
    • By Ladyoftheflowers 21st Apr 17, 7:49 PM
    • 11Posts
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    Ladyoftheflowers
    Paying county court claim
    • #1
    • 21st Apr 17, 7:49 PM
    Paying county court claim 21st Apr 17 at 7:49 PM
    Hi all!

    Basically, I appealed a Parking Eye charge and lost and have now got a county court claim form. I do not want to go to court as have a young baby and don't have the time to dedicate to preparing a defence at the moment. Parking Eye are now asking for £175 however for court costs etc, instead of the original £100. Has anyone had any success getting the matter resolved by paying less than £175?

    Thank you!
Page 1
    • Coupon-mad
    • By Coupon-mad 21st Apr 17, 9:57 PM
    • 49,919 Posts
    • 63,338 Thanks
    Coupon-mad
    • #2
    • 21st Apr 17, 9:57 PM
    • #2
    • 21st Apr 17, 9:57 PM
    Yes, if you send an email to:

    enforcement@parkingeye.co.uk

    ...and make a Without Prejudice offer of say £40 you might find they settle for £60 or so.

    Even better if you can get the landowner or retailer to ask them to cancel/settle, to put pressure on them. Fling your mitigating circumstances at the Enforcement Team. Remember that section of PE will NOT have seen your appeal, they deal with litigation so spell it out to them why the PCN is unfair and why they should settle (not saying ''I've got a baby and I can't be @rsed/can't afford it).

    Next time, come here first and make a better appeal effort. We rarely see any lost POPLA appeals.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Ladyoftheflowers
    • By Ladyoftheflowers 22nd Apr 17, 7:55 AM
    • 11 Posts
    • 3 Thanks
    Ladyoftheflowers
    • #3
    • 22nd Apr 17, 7:55 AM
    • #3
    • 22nd Apr 17, 7:55 AM
    Thank you. So I basically send them a summary of my appeal and offer them a smaller amount?

    I used this forum to compile my appeal and have won an appeal before and helped friends win theirs. I have also already spoken to the retailer prior to appealing and they said they have no power to help me.

    I obviously included all the aspects mentioned in the forum (estimation of loss etc), however also mentioned the personal mitigating circumstance of having been held up feeding/changing my 3 week old baby in the mother and baby room of the store in question as I had little choice at the time. I was wary of doing this as know that they do not really consider personal circumstances, however felt this was pretty unavoidable and that mothers should not be penalised for such circumstances. Should I include this when emailing enforcement or is it best to leave it out?

    Thank you
    • Half_way
    • By Half_way 22nd Apr 17, 8:29 AM
    • 3,772 Posts
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    Half_way
    • #4
    • 22nd Apr 17, 8:29 AM
    • #4
    • 22nd Apr 17, 8:29 AM
    of the retailer owns the car park, ie.a supermarket then they do have the power to cancel.
    whos car park was this?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Ladyoftheflowers
    • By Ladyoftheflowers 22nd Apr 17, 10:53 AM
    • 11 Posts
    • 3 Thanks
    Ladyoftheflowers
    • #5
    • 22nd Apr 17, 10:53 AM
    • #5
    • 22nd Apr 17, 10:53 AM
    It was a retail park car park so I spoke to M + S where I had proof of a purchase.
    • waamo
    • By waamo 22nd Apr 17, 11:07 AM
    • 2,011 Posts
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    waamo
    • #6
    • 22nd Apr 17, 11:07 AM
    • #6
    • 22nd Apr 17, 11:07 AM
    Which retail park? People on here know who owns some of these and can direct you to the person you need to contact.
    This space for hire.
    • Half_way
    • By Half_way 22nd Apr 17, 11:09 AM
    • 3,772 Posts
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    Half_way
    • #7
    • 22nd Apr 17, 11:09 AM
    • #7
    • 22nd Apr 17, 11:09 AM
    In a vast majority ( iff not all) of cases you can get parking tickets cancelled by the landowner if you are persistant enough, are polite, and use the right words. at the very least you should be able to get a "we do not support our agents pursuing you through the courts over this matter" letter/response or statement.
    While this is a faff, its less effort than going through the whole POPLA process.

    You said you used Genuine pre-estimate of loss (gpeol)
    This is now pretty much a dead end, and should only be used at the end of any defence/appeal and then only and only if you can justifiably differentiate your case with that of Barry Beavis

    One thing I've just noticed is you state this, which could be extremely useful to you getting your money back
    also mentioned the personal mitigating circumstance of having been held up feeding/changing my 3 week old baby in the mother and baby room of the store in question
    As far as a know young babies, and their primary carers ( ie mothers) are protected under the equality act (EA) which states that reasonable adjustments should be made, such as providing extra time.
    ANPR systems for timed "free" car parks, in my opinion breach the EA as those who require extra time are either denied it, or have to jump through extra hoops that no one else has to ( ie registering at a customer desk)

    With that in mind, there is a chance you could put a claim in for a breach of the EA against the ca park owner and the parking company as their systems have discriminated against you. The car park owner is jointly and severally liable for the actions of his/her/its agents , and its more likely that you would get a response from them as oppose to the PPC.
    You should not claim over the odds, just the cost of the court judgement plus just about enough to cover any additional costs you may have built up. You may find the car park owner could very well pay this ( ie the costs of the court judgment) to avoid any publicity - or any awkward questions
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Ladyoftheflowers
    • By Ladyoftheflowers 22nd Apr 17, 11:25 AM
    • 11 Posts
    • 3 Thanks
    Ladyoftheflowers
    • #8
    • 22nd Apr 17, 11:25 AM
    • #8
    • 22nd Apr 17, 11:25 AM
    Which retail park? People on here know who owns some of these and can direct you to the person you need to contact.
    Originally posted by waamo
    Oh I see, excellent!

    It was Gallagher retail park in Longwell Green in Bristol.
    • Ladyoftheflowers
    • By Ladyoftheflowers 22nd Apr 17, 11:29 AM
    • 11 Posts
    • 3 Thanks
    Ladyoftheflowers
    • #9
    • 22nd Apr 17, 11:29 AM
    • #9
    • 22nd Apr 17, 11:29 AM
    That is very helpful and interesting re the EA!! I will definately investigate that further! How would I claim against the owner? I know the claim form that I have can be returned to the court with a counter claim, but presumed that would be against Parking Eye?

    Thank you
    • Umkomaas
    • By Umkomaas 22nd Apr 17, 11:40 AM
    • 14,476 Posts
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    Umkomaas
    You need to read up on the EA very carefully before issuing a counterclaim. It does provide some protection for breastfeeding mothers - but not at the same high level as for people with disabilities likely to last at least 12 months, and I've never seen a counterclaim from someone even falling into that category.

    Best you use any pressure available from the EA to press the retailers (or the managing agents running the retail park).
    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.
    • Half_way
    • By Half_way 22nd Apr 17, 11:43 AM
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    Half_way
    I appear to have jumped the gun somewhat, You have a county court claim form, but not a judgement against you, and this matter is still due in court, correct?

    If so then your best option is to head this off at the pass, get in touch with the landowner ASAP and if you are covered by the EA (As you had a small child/baby) tell the car park owner that their agents are in breach of the EA and they could also be liable, ask them to stop the court proceeding with mediate effect, remind them that they are responsible for the actions of their agents ( again) and that as principal they can instruct their agents, parking eye to stop court proceedings right up to the point of judgement being made.

    If they do not/will not play ball then it opens up the counter claim route.
    If they do cancel then you should follow this up with a letter demanding that they take immediate action to ensure that this doesn't happen again. such as removing the non compliant ANPR system/disabling the cameras
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • The Deep
    • By The Deep 22nd Apr 17, 12:00 PM
    • 6,996 Posts
    • 6,062 Thanks
    The Deep
    IMO, a counter claim for discrimination under the EA could be a very effective way of getting this cancelled.

    Does the shopping centre has a Facebook page? If so, write bad stuff on it. Does it have a Mothercare? Ditto.
    You never know how far you can go until you go too far.
    • Ladyoftheflowers
    • By Ladyoftheflowers 22nd Apr 17, 12:29 PM
    • 11 Posts
    • 3 Thanks
    Ladyoftheflowers
    [QUOTE=Half_way;72439042]I appear to have jumped the gun somewhat, You have a county court claim form, but not a judgement against you, and this matter is still due in court, correct?

    Yes that's correct!


    The EA does seem to cover feeding!!
    (4)The reference in subsection (3) to treating a woman unfavourably because she has given birth includes, in particular, a reference to treating her unfavourably because she is breast-feeding.

    So would it be M&S I have to speak to again? If not how do I contact a landowner?
    I posted a tweet on their twitter page when this all started saying what had happened and they got in touch with me again but simply to say they can't help!

    The site does have a Facebook page. Should I use social media before contacting the store/landowner?
    Last edited by Ladyoftheflowers; 22-04-2017 at 12:33 PM.
    • waamo
    • By waamo 22nd Apr 17, 1:01 PM
    • 2,011 Posts
    • 2,429 Thanks
    waamo
    I would use social media whilst you wait to see if anyone knows the managing agent. The weekend might be a good time to use Facebook as any manager is unlikely to be in until Monday.
    This space for hire.
    • Umkomaas
    • By Umkomaas 22nd Apr 17, 1:25 PM
    • 14,476 Posts
    • 22,758 Thanks
    Umkomaas
    Here's a couple of leads to follow.

    http://www.morganwilliams.co.uk/out_of_town/scheme/Gallagher-Retail-Park-Bristol.html

    http://www.claystreet.co.uk/property/gallagher-retail-park-longwell-green-bristol/

    Did your Google not work when you searched on 'Gallagher Retail Park management Bristol'?
    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.
    • Ladyoftheflowers
    • By Ladyoftheflowers 17th May 17, 3:52 PM
    • 11 Posts
    • 3 Thanks
    Ladyoftheflowers
    So parking eye finally responded to the landowner! They said that they can't cancel the charge because they have referred it to the court, however they will settle for £60. This seems wrong if the landowner has asked them to cancel?
    • Fruitcake
    • By Fruitcake 17th May 17, 4:05 PM
    • 40,303 Posts
    • 80,496 Thanks
    Fruitcake
    So parking eye finally responded to the landowner! They said that they can't cancel the charge because they have referred it to the court, however they will settle for £60. This seems wrong if the landowner has asked them to cancel?
    Originally posted by Ladyoftheflowers
    Parking lie are lying. I believe they can cancel up to the court date if they want.

    I would contact M & S again, perhaps the CEO, explain your situation and that the EA 2010 applies. It might also be worth contacting the managers of other shops in the retail park. My local one isn't too far from Brizzle and I found out from a very helpful M & S manager that all the retail managers on that site have the ability to cancel a PCN and it is actually built into their contract with the landowner that they can do so. If you have been a customer of a different shop in the past you might find a sympathetic manager who is fed up with parking lie's antics, and also request a cancellation.

    Whoever you contact, point out that parking lie CAN cancel this, as well as stating this is a breach of the EA 2010. In other words, try to get a sympathy vote and show that the scammers are being vindictive and prejudicial.
    Also complain to your MP, Mrs May, and Andrew Jones MP about this. Tell them that your vote depends on their response.

    When you contact M & S again, send copies of receipts and reward card number if you have one.
    Last edited by Fruitcake; 17-05-2017 at 4:27 PM.
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    • Lamilad
    • By Lamilad 17th May 17, 8:29 PM
    • 874 Posts
    • 1,838 Thanks
    Lamilad
    You may want to tell m&s that as a reputable family retailer you trust them to protect your rights under the EA.

    If they do not you are duty bound to make others aware of their lack of 'duty of care' via social media, local newspapers and mother and baby websites - who are always very keen to make lots of noise about mother's not being treated fairly when feeding their babies. Some of these websites are very good at getting stories in the papers.

    If PE are willing to accept £60 then M&S would be wise to pay it rather than deal with all the grief you're gonna cause them
    • Coupon-mad
    • By Coupon-mad 17th May 17, 8:34 PM
    • 49,919 Posts
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    Coupon-mad
    PE can certainly cancel if M&S/the landowner pushes it harder. Or the landowner could pay the £60 (or half & half, you and them).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Ladyoftheflowers
    • By Ladyoftheflowers 17th May 17, 8:34 PM
    • 11 Posts
    • 3 Thanks
    Ladyoftheflowers
    Thanks both! I didn't get anywhere at all with M&S, they didn't even respond to my last tweet, so went to landowners themselves. I have emailed them again stating that Parking Eye can cancel and should if asked by the landowner!
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