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Court action threatened

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Comments

  • volkswin
    volkswin Posts: 9 Forumite
    Tenth Anniversary First Post Combo Breaker
    Hi,
    I have also had a parking charge from parking eye at morrisons Chester Le street.
    One the day I committed the alleged parking 'offence' I spent well over £30 in Morrisons and as you know if you spend over £5 in this store then your parking fee is completely re-imbursed at the till.
    I spoke to Morrisons representative on saturday morning about my'offence' initially the rep told me morrisons could do nothing to help and I should appeal to parking eye.

    I informed him I had already been in contact with the charlatans at PE and sent them proof of purchase on the day in question but suprise suprise this was not enough from them!

    However as morrisons own the car park and employ PE to monitor parking how then can it have nothing to do with them?
    After a bit of discussion I asked the rep if morrisons are happy that pe are pursuing legitamate customers with these outlandish charges for parking charges of no more than 40-80 pence that morrisons refund in any event?
    I am awaiting the outcome but TBH dont expect much, however I dont intend to pay these charlatans and will do everything to expose morrisons
  • Coupon-mad
    Coupon-mad Posts: 155,423 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    volkswin wrote: »
    Hi,
    I have also had a parking charge from parking eye at morrisons Chester Le street.
    One the day I committed the alleged parking 'offence' I spent well over £30 in Morrisons and as you know if you spend over £5 in this store then your parking fee is completely re-imbursed at the till.
    I spoke to Morrisons representative on saturday morning about my'offence' initially the rep told me morrisons could do nothing to help and I should appeal to parking eye.

    I informed him I had already been in contact with the charlatans at PE and sent them proof of purchase on the day in question but suprise suprise this was not enough from them!

    However as morrisons own the car park and employ PE to monitor parking how then can it have nothing to do with them?
    After a bit of discussion I asked the rep if morrisons are happy that pe are pursuing legitamate customers with these outlandish charges for parking charges of no more than 40-80 pence that morrisons refund in any event?
    I am awaiting the outcome but TBH dont expect much, however I dont intend to pay these charlatans and will do everything to expose morrisons


    Read this and the links on it:

    https://forums.moneysavingexpert.com/discussion/4468621

    ...one of several hundred threads that can be found on here alone.

    Try Googling 'Parking Eye Morrisons fake PCN' and you'll be reading the results until after Easter!
    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
  • well, it's no longer a threat. I've received court papers. They're claiming for £160. I want to fight this but there's a couple of issues

    1 - They've served notice in Northampton Court, so I have no chance of going to defend myself on a court date

    2 - I don't know what to do, if I'm honest.

    I still haven't heard back from the manager at Morrison's so it looks like I don't have much of a choice but to either pay up or fight.

    Either way, I'm not massively hopeful
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Northampton is money claim online, if you defend the case it will be moved to your local court. You need to confirm you are defending the case in full and request an extra 28 days so you can draw up your defence. When you've done that please come back

    By the way you do that online at the link they've given you.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Coupon-mad
    Coupon-mad Posts: 155,423 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 March 2013 at 12:41AM
    well, it's no longer a threat. I've received court papers. They're claiming for £160. I want to fight this but there's a couple of issues

    1 - They've served notice in Northampton Court, so I have no chance of going to defend myself on a court date

    2 - I don't know what to do, if I'm honest.

    I still haven't heard back from the manager at Morrison's so it looks like I don't have much of a choice but to either pay up or fight.

    Either way, I'm not massively hopeful



    Follow up with the Morrisons complaint, no reason why not to press ahead with that as PE claim to be working 'for' Morrisons and the Head Office may be astonished to learn that a customer is being taken to Court and that you are 'going to tell the national press about this scam by Morrisons agents'.

    Acknowledge the case with the Court - say you want to defend it and send your response. It will get moved to your local County Court - unless PE fold when they see your defence, in which case they won't pursue it.

    To get your robust defence, post on pepipoo with a picture of the claim form:

    http://forums.pepipoo.com/index.php?showforum=60

    PE have tried it on with a small claim in a few recent posts we have seen this year, because we understand the BPA AOS Board (made up of PPCs!) has told them to, in a shambolic attempt to make the industry look as if it's got teeth and the law on its side.

    But it's defendable and they are highly unlikely to actually take a case to Court that's defended properly. They are trawling for easy victims, especially people who ignore it and allow PE to just win by default without a hearing. If it does go to Court then you can still defend it and win, and claim your (minimal) costs. And it will be local, and it's not a criminal matter just some scammers claiming you owe them money you knew nothing about, in a car park they don't own. A judge will see through it if you put foward the right defence, challenge the very legality of the 'ticket', challenge the basis of the claim and the standing of this agent and understand the issues to address.

    Pepipoo will help you with this, there are a handful of small claims being defended on there already, not all PE but a couple are, from memory.
    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
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It looks as though PE have employed a new legal eagle, and she's trying to make a name for herself by whacking in all these court claims.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    I spoke to the store manager. He advised he would email Parking Eye and "suggest" they drop it as a courtesy. I'll keep you posted

    So the store manager has said he'll get this cancelled for you, and now parking eye have issued a claim, I suggest you go back there and play holy hell with them. Also contact their head office about this, tell them that you are going to the local and national press about this.

    Also inform them that you hold morrisons wholly responsible for this situation, and you are about to issue a claim against them for this harassment, you will be looking at a minimum of a £1000 for this breach of the harassment act.

    Don't take this lying down, ensure you defend the claim in full

    well, it's no longer a threat. I've received court papers. They're claiming for £160. I want to fight this but there's a couple of issues

    1 - They've served notice in Northampton Court, so I have no chance of going to defend myself on a court date

    2 - I don't know what to do, if I'm honest.

    I still haven't heard back from the manager at Morrison's so it looks like I don't have much of a choice but to either pay up or fight.

    Either way, I'm not massively hopeful
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Half_way
    Half_way Posts: 7,535 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So the store manager has said he'll get this cancelled for you, and now parking eye have issued a claim, I suggest you go back there and play holy hell with them. Also contact their head office about this, tell them that you are going to the local and national press about this.

    Also inform them that you hold morrisons wholly responsible for this situation, and you are about to issue a claim against them for this harassment, you will be looking at a minimum of a £1000 for this breach of the harassment act.

    Don't take this lying down, ensure you defend the claim in full

    pretty much the above, i would also add, if you can a meeting with the store manager, demanding that this issue is stopped here and now, tell him/her that you are holding morrisons liable for harrasment and stress and you want asurances from them in writing that they will stop the court action imediatly.
    remind them that they are legaly responsable for the actions of thier agent - parking eye, and you are now minded to issue a counter claim for harrasment ( as above) against Morisons and parking eye.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    If this car park is for all the shops, it's highly unlikely that its changed for sole use of morrisons now, the people to ask is the local authority, it may be a stipulation that this car park should be free and for all the shops. If it is a complaint to trading standards will be in order. I remember I think Lidl getting a fine of thousands for a breach previously.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Tilt
    Tilt Posts: 3,599 Forumite
    I think we always advise against parking persistently on the same private land where you will attract 'parking charge notices'.

    The advice of ignoring such notices is usually based on one off situations. But if the OP is making a habit of parking there and NOT using the store, then I think he will find this turning into a situation where the land owner (Morrison's) can claim for trespass. Not sure a PPC can though.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
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