Parking - Letter Before Action? Letter Before County Court Claim? Fight back!

ordinaryJoe

Hi Umkomaas - just type Parking Eye in the search box, top right of any epetitions.direct.gov.uk page and it comes up first in the result list. Happy voting!

Should I post about this on some of the other Parking Eye threads to draw more attention to it?

nigelbb

ordinaryJoe wrote: »

Hi Umkomaas - just type Parking Eye in the search box, top right of any epetitions.direct.gov.uk page and it comes up first in the result list. Happy voting!

Should I post about this on some of the other Parking Eye threads to draw more attention to it?

Here you go http://epetitions.direct.gov.uk/petitions/45444

Driver8

ordinaryJoe wrote: »

Having fallen foul of PE's dreadful PCNs and LBCCCs, and initially wanting to fight back and make my contribution to the MSE "team" efforts to rectify the injustices they are perpetrating, I find myself, like many others, deciding that I just don't have the time and the dedication to make sure that I raise all the correct points in the right way in order to successfully defend myself against their threats.

So I am going to pay up, just to get them off my back and get on with my life. But I wonder whether the many people who have asked for and received great help from this forum and these threads are aware that there is a government e-petition on the subject of Parking Eye? Although it might have been better raised as a general e-petition against all PPCs with unethical practices, it is nevertheless a valid channel to continue the fight against Parking Eye, and I urge everyone who reads this to go and vote. As a new member I am not allowed to post a link, but it can be found on epetitions.direct.gov.uk with petition number 45444.

You paid them right? So they can go on scamming other people, that you have paid for them to do, who have no idea about this and other forums.

Wimp.

ordinaryJoe

Driver8 wrote: »

You paid them right? So they can go on scamming other people, that you have paid for them to do, who have no idea about this and other forums.

Wimp.

Thanks for that, Driver8. No, I haven't paid them YET, but if you'd like to take the paperwork, deal with the responses for me and take full responsibility for paying any costs that might accrue should you make a mistake in the process, you're most welcome to defend me at your own expense.

Make no mistake, I'm not the only one to take a stance initially, and then decide to back down in the face of the relentless time-consuming and stressful paperwork that is required to actually win against these people.

I'm sorry that you seem to feel that I'm personally letting you down in some way - the main purpose of my post was to draw attention to the e-petition, not to start up the same arguments that I've already read on other threads over the acceptability or otherwise of paying even though you know it's a scam, just to move on in life.

It seems to me that a successful e-petition might resolve this issue entirely, saving lots of other people the effort of reading all the latest and older threads, trying to understand the detail of the law and where the flaws are in PE's threats. Why don't you get voting and get your friends voting, instead of criticising a complete stranger who's actually trying to help?

zzzLazyDaisy

Please don't clog this thread up with discussions on the right and wrongs of paying - start another thread for that. I will say that taking them on at LBC (also known as LBA/LBCCC) stage is only the cost of a few letters and not a lot of time, and I would encourage anyone to do this. However, if you are seriously thinking of paying please consider making a without prejudice offer under the CPR Rules. I intend to do a note about this today on my other thread and I will post a link here when it is done.

Finally, please do not berate or insult people who choose to make the problem go away by throwing money at it (at least not on this thread). It would not be my choice, and it may not be yours either, but we are here to help those who want help, not to ridicule those who don't.

Thanks

Daisy

ordinaryJoe

zzzLazyDaisy wrote: »

Please don't clog this thread up with discussions on the right and wrongs of paying - start another thread for that. I will say that taking them on at LBC (also known as LBA/LBCCC) stage is only the cost of a few letters and not a lot of time, and I would encourage anyone to do this. However, if you are seriously thinking of paying please consider making a without prejudice offer under the CPR Rules. I intend to do a note about this today on my other thread and I will post a link here when it is done.

Finally, please do not berate or insult people who choose to make the problem go away by throwing money at it (at least not on this thread). It would not be my choice, and it may not be yours either, but we are here to help those who want help, not to ridicule those who don't.

Thanks

Daisy

Thank you Daisy, I would very much appreciate advice on how to make a "without prejudice" offer - that was one thought I was already mulling over. Doesn't paying a lesser amount run an element of risk of effectively admitting liability and thereby becoming liable for the full amount?

Secondly, I would value your opinion on the value of the e-petition, although I suspect the fact that you didn't mention it in your latest post indicates that you don't see it as a worthwhile approach?

zzzLazyDaisy

Hi Joe

I am happy to follow up your comments, as I do think they are worth while exploring, but please start your own thread. Title it something like

'Parking LBCCC - merits of making a 'without prejudice offer'?'

And I will come and find you

Daisy

Fourteen

Daisy

I wondered if you could help me understand if I have a reasonable chance to defend a County Court case (breach of contract is the claim).

The CC Claim I have received and that I intend to defend involves my car (I am the keeper) when it was not being driven by me and I was not a passenger.

The private land parking claim against me relates to August 2012, before Section 56 of the Protection of Freedoms Act 2012 commenced effect on 1 October 2012.

I foolishly had ignored all the correspondence, not being aware of the change in the law and am temped to pay them to go away. Do the judges in the CCs still accept that there is no contract with the RK which can be breached unless the RK is the driver?

Thank you for your help.

Simon

Umkomaas

Fourteen wrote: »

Daisy

I wondered if you could help me understand if I have a reasonable chance to defend a County Court case (breach of contract is the claim).

The CC Claim I have received and that I intend to defend involves my car (I am the keeper) when it was not being driven by me and I was not a passenger.

The private land parking claim against me relates to August 2012, before Section 56 of the Protection of Freedoms Act 2012 commenced effect on 1 October 2012.

I foolishly had ignored all the correspondence, not being aware of the change in the law and am temped to pay them to go away. Do the judges in the CCs still accept that there is no contract with the RK which can be breached unless the RK is the driver?

Thank you for your help.

Simon

I'm sure Daisy will be along soon, but pre-PoFA, the RK didn't feature in any of this.

But you do need to give some more context - which PPC, dates, retail park, doctor's surgery, hospital car park - what's happened since the incident, in terms of correspondence received?

We need more info to be in a better position to advise further.

zzzLazyDaisy

Fourteen wrote: »

Daisy

I wondered if you could help me understand if I have a reasonable chance to defend a County Court case (breach of contract is the claim).
Thank you for your help.

Simon

Simon PLEASE start your own thread. It is impossible to give individual advice on this thread. Someone will be along to help you. As Umkomaas says, we need more information, and to be honest there are a fair few regular posters who are more experienced than me when it comes to defending these actions.

Daisy