Parking Eye scum!

bazster

londonTiger wrote: »

The last thing that will happen is for someone to issue a refund for a paid fine.

you will have to go though the small claims court and have a water tight case as well.

Can't agree with that. It is entirely possible that they will pay up simply because of the cost and hassle of defending it. When a private individual brings a case against a company it will normally be transferred to the court geographically closest to the claimant, and that alone can be enough to get the defendant to pay up if it's many miles from them.

londonTiger wrote: »

but sounds to me like you dont really have a case mate.

You are 100% wrong, he has a watertight case. Just read this forum and you'll see why. His problem is not the law, which is entirely on his side, it's that the money has already been paid.

londonTiger wrote: »

I've been fined once for parking in the wrong spot. there were two bays one was free to park for resident, and the bay just next to it was pay to park. I missed my spot and parked in the wrongbay and got a 40 quid fine.

If this was private parking then (i) it wasn't a fine (ii) you didn't have to pay it and (iii) more fool you for doing so.

londonTiger wrote: »

just to give you an idea 90% of excuses go along the lines of "i didn't know" or "i didn't see".the law doesn't require parking signs to be displayed in large neon signs that can been seen from the moon. It's the responsibility of the driver to get out and read the small parking notices on lamp posts, and also to check the road markings.

Completely and utterly wrong. Signs have to be prominent and clear and the driver absolutely does not have to get out of his car and survey the area with a searchlight and a magnifying glass. As for road markings, they have no legal significance whatsoever on private land.

londonTiger wrote: »

It's unlikely you'll win the appeal. Talking of which appeal process is probably closed to you because you accepted their judgement by paying the fine

He isn't appealing it, he's bringing a court case! And there was no "judgement" to accept, we're talking about a tin-pot parking company here, not a court of law!

I'm sorry if you are sore about having paid a parking charge that you didn't need to, but that's really no excuse for coming here with such wild inaccuracies.

tonytone123

OK thuis is the first email i sent to thieving company

Reference - 23009/53277 date 13-07 2012

On the day noted above a car registered NX54**L was captured parking at Oxford Cherwell services.

Now the person you have identified as being the driver was most certainly not the driver i will swear in any court in the land you wish to take me to, and this ladies husband a "My fathers name" has paid a fee that should not have been sent to her.

Thus you have taken legal action against the wrong people.

Now this is the very first stage of my complaint and what will lead to an appeal against your company that uses Mafioso techniques to extort money from elderly people, now if you would like to refund this money to these people and come after the person who was actually driving the car, a person who can be seen on camera and is nowhere near 65 years of age i will gladly not take this up with "The police", "Trading Standards and the "Office of Fair Trading"

Im as happy as you are to go to court and spend lots of time and money over a principle.

Rgds
Me

tonytone123

This is the response i had today ... should i give my name as they seem to think theyre clever referring to a previous court case.

It is easy for me to prove my mother wasnt driving as she is in her 60s tucked up in bed in Yorkshire,

Good morning,

Thank you for your correspondence in relation to the Parking Charge 230009/539277.

We are writing to advise you that your recent appeal has been referred for further information.

It is clearly stated on our signs that failure to adhere to parking regulations will result in enforcement action being taken and vehicle keeper details being requested from the DVLA to enable this. The DVLA release the name and address details of a vehicle keeper to registered companies like ourselves if ‘reasonable cause’, i.e. breach of parking regulations, can be demonstrated.

You have stated that Mrs Margaret ***** was not the driver of the vehicle at the date and time of the breach of the terms and conditions of the car park, but you have not indicated who was. Please provide this additional information within the next 7 days.

Please be aware, you are not obliged to provide this information, but as Judge Ackroyd stated in 2008 at Oldham County Court: (Combined Parking Solutions v Mr Stephen Thomas), in a case where Mr Thomas claimed not to be the driver, but did not state who was: on the balance of probabilities, it was Mr Thomas who had been the driver and the Parking Charge incurred was to be paid by Mr Thomas, plus additional court costs.

If you choose to provide further evidence relating to your appeal, please forward this to us for consideration.

Kind Regards,


ParkingEye Team

bazster

If I were you I'd tell them you were driving. This gives your Mum a pretty watertight case and makes it more likely they will fold without going to court when you bring your claim.

As for your email to them, I have to say it's pretty poor. You need to get your facts straight when doing this sort of thing, and keep to the facts rather than ranting and raving.

Firstly they haven't taken legal action, all they did was send a speculative invoice which your father foolishly paid.

Secondly you are not going to appeal if they refuse you. You are not going to do anything, it has to come from your mother. And she is not going to appeal, she is going to take legal action. And before she does so she must send them a letter before action telling them what she wants from them, and warning them that she will bring an action if they don't comply. Needs to be a letter, not an email.

Thirdly, leave out the Mafioso insults and anything similar, they will not impress a judge if it ever does wind up in court. Likewise empty threats about the police etc. It really does your case no good.

ManxRed

bazster wrote: »

Secondly you are not going to appeal if they refuse you. You are not going to do anything, it has to come from your mother. And she is not going to appeal, she is going to take legal action. And before she does so she must send them a letter before action telling them what she wants from them, and warning them that she will bring an action if they don't comply. Needs to be a letter, not an email.

I think it was his father who paid them though, not sure if that means that his father needs to bring the case, rather than his mother.

bazster

ManxRed wrote: »

I think it was his father who paid them though, not sure if that means that his father needs to bring the case, rather than his mother.

It was his mother, the RK, who received the invoice.

tonytone123

Cheers Baxter, i should have slept on it and not wrote in anger.

ManxRed

bazster wrote: »

It was his mother, the RK, who received the invoice.

But it is his father who is in debt to them.

tonytone123

OK

I have now spoken to them and they have said that the matter is now closed as theyve received payment .... so what is the best way of going about this, is it a case of going to the small claims court going through HMC&TS' Money Claim Online or what is the best way forward from here.

Cheers Tony

timbo58

They are considering it closed as they need 2 things to happen before they are going to take it seriously.
a) Your mother needs to write to them informing them she was not the driver and requiring them to do all the things mentioned above (i.e refund immediately or else it goes to court)
b) You need to write to them stating you were the driver.

I'd sweet talk mother into signing a letter and you can then send it, if she refuses, then it's hard luck, the PPC won't listen as has been obvious from the outset.