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Parking Eye - Nasty tricks

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  • prosnap
    prosnap Posts: 399 Forumite
    Part of the Furniture Combo Breaker
    It appears that some people cannot read!

    Let's try this again ......

    This is an old thread, So please start a new one of your own
    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
  • Parkingeye have claimed against my friend to Northampton County Court. They seem to be based in Chorley, Lancs and the car park was in Liverpool so any ideas why they are claiming in Northampton? He tried to pay by phone when he entered the car park and thought he had but then got one of their parking invoices through the post 2 weeks later. Before he spoke to me he sent them an email explaining the phone situation but all they said was they received no phone payment call and that he was liable for the invoice amount. He has ignored all further correspondence from the sharks but then received the County Court claim form issued 16 October. He has sent payment for 4hrs parking and said on the Court form that he intends to defend part of the claim i.e. the amount above the 4 hours parking charge.

    His two principle defence points are that the additional charge is not an appropriate amount as the actual loss incurred was 4 hours parking which he has sent payment for and therefore the additional charge is punitive as ruled in Excel Parking v Hetherington-Jakeman; Mansfield CC March 2008.

    The other defence is that Parkingeye have no proprietary interest in the land and are thus unable to offer him a contract - they have no locus standii or legal capacity to comtract with him and enforcement is exclusive to the landowner and incumbent on them to demonstrate their financial loss as a result (in this case 4hrs parking charge) - VCS v HM Revenue and Customs (Appeal); Upper Tax Tribunal 2012. As payment has been sent for the financial loss incurred has been made no further loss is incurred and the charge of £100 when 4hrs parking is £12 is therefore both unreasonable and an unfair contract penalty breach contrary to the terms of The Unfair Contract Terms Act.

    Any other advice/suggestions would be most welcome. Thanks.
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Northampton County Court is the bulk distribution centre from where court papers are dispatched. The case can be heard at your friend's local court, but he must ask for that in the paperwork he has received.

    PE were just last week defeated at court, so take a look at this for more ideas on how to contest this.

    https://forums.moneysavingexpert.com/discussion/4800540

    But you do need to start a brand new thread of your own if you want further advice on your friend's case as jumping in on someone else's thread will lead to a confusion as to who the advice is aimed.

    HTH
    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
  • Coupon-mad
    Coupon-mad Posts: 152,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 January 2014 at 2:17AM

    Any other advice/suggestions would be most welcome. Thanks.
    Read all the massive lettering begging people never to bump this tedious and out of date old thread which should have been locked years ago?

    Start your own thread please.





    Let's try this again ......

    This is an old thread, So please start a new one of your own


    Please just read the current parking forum, not a thread that's a hundred years old. THANKYOU!

    :D:D:D:D:D:D:D:D:D:D


    DO NOT POST HERE

    The best thing is to just read the CURRENT threads you will find when you click back just one click. We have threads from today!! Did you miss all of them and only found this old rubbish?

    Please read the current threads - one click away - and you can start a new thread there if needed.


    THE ADVICE HAS CHANGED SINCE THIS ANCIENT THREAD STARTED!!!!!!!!!!!!





    Please, oh please newbies, do not reply here.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • prosnap
    prosnap Posts: 399 Forumite
    Part of the Furniture Combo Breaker
    Here we go .... YET AGAIN!


    This is an old thread, So please start a new one of your own
    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
  • prosnap
    prosnap Posts: 399 Forumite
    Part of the Furniture Combo Breaker
    This is an old thread, So please start a new one of your own
    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
  • prosnap
    prosnap Posts: 399 Forumite
    Part of the Furniture Combo Breaker
    This is a very old thread, So please start a new one of your own
    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
  • prosnap
    prosnap Posts: 399 Forumite
    Part of the Furniture Combo Breaker
    This is an old thread, please start a new one of your own
    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
  • prosnap
    prosnap Posts: 399 Forumite
    Part of the Furniture Combo Breaker
    This is an old thread with old information, So please start a new one of your own
    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
  • I received a parking charge from pe at sunderland royal hospital a month ago. On the first visit to s r h i dropped my daughter and her partner off at 4.50 then left,She was admitted to a ward,i later went to visit at 7.20 but parked in a side street.Me and my partner decided at 10.30pm we should bring my car in the hospital grounds and pay the fee, i paid for two hours,we then left at 11.34pm.


    The letter i first received had 2 pictures of my registration,me entering the hospital in daylight then leaving in darkness..

    So they havn,t got one of me leaving on the first visit at 4.50 or me entering at 10.30......... Im so angry that i am going to seek legal advice.If i had stayed and not paid then fair play......
This discussion has been closed.
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