Parking Eye scum!

tonytone123

Thanks Timbo, but is it the small claims court or this other HMC&TS' claims?

JagDriver

Do a little research and you'll find that one of the Biggest PPC's (Excel) came unstuck at Stockport Magistrates on poor signs (which had been approved by the BPA), which were large and at the entrance to the car park. They lost badly. So even when signed up, they are not usually clear enough for anyone to form a contract.

bazster

ManxRed wrote: »

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

Well I don't know about that, if I receive an invoice in my name (a real invoice, not a PPC invoice!) and my OH happens to pay it from her chequebook or her credit card, it's still my invoice and my contract, yes?

Incidentally, no-one is in debt to them, it's the other way around!

JagDriver

Also research HMRC vs VCS (another large PPC). They lost on account of the fact they 'had no interest' in the land. i.e. They did not own the land (or have an interest in the land) they were ticketing, and therefore NONE of their tickets were issued lawfully (as they cannot issue ANY charges on that land). This was in an upper tier court and is therefore a matter of record which Magistrates courts HAVE to follow.

bargepole

JagDriver wrote: »

... This was in an upper tier court and is therefore a matter of record which Magistrates courts HAVE to follow.

Erm .. that should be County Court Judges. Parking tickets are civil cases and would not be heard in the Mags court.

JagDriver

I stand corrected. And would assume the OP's case would also end up there.

ManxRed

bazster wrote: »

Incidentally, no-one is in debt to them, it's the other way around!

Doh!!

The claim is that the PPC owes X money which they have paid in error, due to misrepresentation to X. The contract is irrelevant, neither the father nor the mother were ever party to it in the first place.

I guess who X is is open to interpretation, but it was the father who paid, and hence the father who the PPC now owes the money to.

bazster

ManxRed wrote: »

Doh!!

The claim is that the PPC owes X money which they have paid in error, due to misrepresentation to X. The contract is irrelevant, neither the father nor the mother were ever party to it in the first place.

I guess who X is is open to interpretation, but it was the father who paid, and hence the father who the PPC now owes the money to.

Oh I agree that there is no contract with either of them, but the speculative invoice was addressed to the mother, so my feeling is that she is the one with the case. Could be wrong though, it's an awkward one, and as you say it's open to interpretation.

tonytone123

OK this is the letter ive written for my mother to send if anyone can elaborate on it id be thankful ... i can put it in my mother and fathers name


Margaret
Address

Reference 009/53

On the 13/7/12 a car with the registration plate NX5$$$$L which is registered in my name Margaret parked in one of your car parks close to Oxford. I recently got a Parking Charge Notice from Parking Eye demanding the sum £60 that would escalate to £120 should it not be paid within in 20 days, thus I paid in fear of the debt getting out of hand.

Now I can confirm that I was nowhere near Oxford Cherwell services on this day and that a person named Antony was the driver of the car, on no part of this PCN was there a form to inform you who the actual driver was.

So essentially you have billed the wrong person and extorted money by threatening to escalate the fine if it isn’t paid right away, I am a pensioner and can no way afford £120 let alone £60 for something I haven’t done.

Further to this there was no contract between myself and your company as I had not driven the car into the aforementioned car park, thus I’ve been duped into paying a sum which you were not entitled to from myself.

I believe only the landowner can enter onto a contract for parking on their land, and the parking charges for the night according to my son who has since visited the car park are £10 this is far from the £60-£120 you seems to think is reasonable.

If I do not get my £60 that I have paid I will take this matter to my local court as I believe it’s a total injustice.

Yours Faithfully

esmerobbo

tonytone123 wrote: »

Thanks Timbo, but is it the small claims court or this other HMC&TS' claims?

Before any county court action you need to send a letter before action telling them what you want to avoid court action.

Send it to both Parking Spy and Moto stating any claim will be made against both of them.

Name yourself as the driver and request repayment to your father. Also £18 per hour for dealing with this crap.

I did it as a RK who was being pestered and got paid by the PPC for my time dealing with them.

It you need help with a letter give us a shout.

I think their next communication may well be "Well you pay your Father back" so you may have to force the issue with this one!