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    • iaing1000
    • By iaing1000 11th Dec 17, 4:08 PM
    • 15Posts
    • 8Thanks
    How to respond to Parking Eye Without Prejudice Save As To Costs letter
    • #1
    • 11th Dec 17, 4:08 PM
    How to respond to Parking Eye Without Prejudice Save As To Costs letter 11th Dec 17 at 4:08 PM
    Hi Folks,

    My first post here so hope you're all able to help.

    Parking Eye are in the process of taking me to court over a £100 parking fine in a hotel car park (reduceable to £60 if I'd paid early) where I was a patron. I'd ignored eveything expecting it to go away until a notice to go to court appeared. They wanted £175 with all the bits they'd added on.

    I've since submitted a defence using templates found online but tailoring it to my particular circumstances and with extra information appertaining to our unique case: The hotel manager has asked them to redact the claim, yet PE responded to them indicating that since it's now going to court and the fees have been paid they will need to proceed. Also, our child was ill at the time and we spent a while having to tend to him in the hotel before returning to our car so that he didn't vomit over the inside. Moreover, there was scant evidence of signage in the area of the car park in which we were situated and nothing in the hotel lobby that made us aware. There are a number of other contraindications that we've also indicated.

    4 days ago I received a letter from Parking Eye with a Without Prejudice Save As To Costs heading explaining that in light of more information having come to light they're willing to accept £60.

    One option is to ignore (would I leave myself vulnerable doing so?) but I think they're being quite bullying now and acting quite unreasonably. My suspicion is that they know the game's up and are trying it on — I'm tempted to be rather bullish in my response and presumably I can exploit the fact that they're 'trying it on' and request that my own costs are reimbursed if they're dragging things on for the sake of it. Perhaps there's a way to articulate that I think they're being unreasonable in some way and will consequently seek my own money.

    Something else I've read is that the contract between them and the 'Principal' (the hotel?) can be provided to me — can I demand this in unredacted format? What timescale can I ask them to do this in? Is it too late to ask for this now the defence has been submitted? Will the judge look unkindly on them if they do not do provide it?

    Also, could there be anything about their Without Prejudice Save As To Costs statement that essentially invalidates it — I've heard that companies band this term around when it's inappropriate hence nullifying its effect!

    So, simply put, what is the most aggressive stance I can take on this and what advice do people have on how to take this forward (even if it ends up being that I just ignore the letter and wait for the court date).

    Thanks so much in advance
Page 3
    • iaing1000
    • By iaing1000 6th Jan 18, 3:13 PM
    • 15 Posts
    • 8 Thanks
    Thanks so much again for your help, it really is appreciated :-)

    I've sent the following:

    Dear Sir/Madam,

    In response to your recent letter please note that I do not intend to pay because this speculative invoice is without any basis in law. Moreover, I am not in receipt of your reply to the defence which you claim was sent 20th December.

    In your letter to me you stated that cancellation is only done at ParkingEye’s discretion once legal proceedings have commenced. However, it appears the manager of the Hotel had been led to believe that cancellation was not possible at this stage, and then herself had a contradictory email from the enforcements team. I intend to cross examine your witness on the day to explain why they have misrepresented the contract and failure of the witness to appear will be brought to the court’s attention.

    Please find attached my completed Directions Questionnaire which has also been sent to the CCBC,
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