ParkingEye Letter Before Action - what to do next

mgxrmw

Hello,

I have today received a 'letter before action' from parking eye. I have ignored the previous correspondence from them (2 letters asking for payment).

I stayed in a retail park car park an hour too long on the 10th June 2013. I had a few things to buy, and a 6 month old baby - things always seem to take a really long time with her in tow! With breastfeeding, nappy changes etc.!!


I have proof of a few transactions, for money I spent at the retail park on my debit card, but unfortunately they are one about £5 each - probably not enough to justify the overstay. I did but some clothes, but used cash (birthday money) and no longer have the receipts. I also have proof of £14.99 going back onto my card for a refund in one of the stores! I am not sure if this is any help in proving I was a genuine customer and not just using the car park for free parking...

Anyway, I plan to now stop ignoring them, and send a quick letter, stating that I have received their LBA and will write again soon once I have sought legal advise. Is this the right thing to do/say?

If so, what is the next step please?

Any help will be greatly appreciated!!

Thanks in advance.

Umkomaas

Do some reading on the following thread as it will give you some advice on how to proceed with this in the correct (legal) manner.

Come back if there are some things you want further advice on.

http://forums.moneysavingexpert.com/showpost.php?p=62445019&postcount=1

mgxrmw

Thank you very much, I have read it all, and from what I understand I have written a letter (Posted below), so I will send this, and wait to see if they bother to reply, is that correct? Thanks



I, the defendant, would like to confirm that I have received the claimants ‘Letter Before Action’.

The defendant would also like to bring to your attention the Practice Direction on Pre-action Conduct, in particular Section 7 of the aforementioned document, relating to Letters Before Claims.

With regards to the claimants ‘Letter Before Action’, it is apparent that it fails to comply with the Practice Direction on numerous counts, in particular, the failure to notify the defendant of the document itself. The letter also fails to state the facts which the claim is based on, which documents the claimant intends to rely upon as evidence, and precisely how the claimants loss has been calculated.

Section 8 of the Practice Direction sets out details on Alternative Dispute Resolution, which the claimants ‘Letter Before Action’ has failed to mention. Fortunately as a member of the British Parking Association (BPA), an independent resolution solution is open to the claimant, namely the Parking On Private Land Appeals Service (‘POPLA’). The defendant therefore invites you to issue a POPLA code, which will allow this dispute to be settled outside of the courts.

Alternatively, the claimant may wish to cancel the parking charge.


Yours Faithfully

Guys_Dad

I would go further.

I would add somewhere in your letter

I refer you to two web sites that clearly explain what procedures and information you need to follow prior to court action.

The first is the Citizen's Advice web site here http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

The second are the Ministry of Justice's Practice Direction web pages here http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

The procedures in these pages are not optional - they are compulsory and you will see that your letter before action fails in many respects to follow these instructions.

Be assured that each and every failure to comply will be included in my robust defence and may even result in any action being struck out.

This is not much different from zzzlazydaisy's advice, but it shown that you are not just copying something parrot fashion and have done your own research,

If they really want to take this to court, then it will cost them a significant amount and the benefit for you if they do is gaining a relatively cheap legal education course through a workshop!

zzzLazyDaisy

Some small changes to your letter (see below). I also like Guy's Dad's suggestion re websites.

Daisy

mgxrmw wrote: »

I, the defendant, would like to confirm that I have received the claimants ‘Letter Before Action’ dated xxxx

The defendant would also like to bring to your attention the Practice Direction on Pre-action Conduct, in particular Section 7 of the aforementioned document, relating to Letters Before Claims, and Annex A explaining the information that must be provided in the Letter Before Action.

With regards to the claimants ‘Letter Before Action’, it is apparent that it fails to comply with the Practice Direction on numerous counts, in particular, the failure to notify the defendant of the document itself.

The letter also fails to state the facts which the claim is based on, which the defendant needs to know to prepare the Response, so please provide the basis for your claim (Breach of contract? Trespass? Unpaid invoice?)

The letter also does not state which documents the claimant intends to rely upon as evidence, and precisely how the claimants loss has been calculated, so please also provide this missing information as soon as possible.

Section 8 of the Practice Direction sets out details on Alternative Dispute Resolution, which the claimants ‘Letter Before Action’ has failed to mention. Fortunately as a member of the British Parking Association (BPA), an independent resolution solution is open to the claimant, namely the Parking On Private Land Appeals Service (‘POPLA’). The defendant therefore invites you to issue a POPLA code, which will allow this dispute to be settled outside of the courts.

Alternatively, the claimant may wish to cancel the parking charge.


Yours Faithfully

mgxrmw

Thank you both that is really helpful. I have done a bit of reading, and as I mentioned, I had my baby with me at the time and was breastfeeding her, it seems that asking me to leave the car park before feeding her would be a breach of The Equality Act 2010 - which I understand to mean, makes it illegal to ask a breastfeeding mother to leave a premises. I do remember on this particular day my baby was very unsettled and I spent quite some time nursing her.
I just wondered if it is worth mentioning this? or just sticking to the original?

Thanks again

zzzLazyDaisy

Hi yes it is worth mentioning this - I suggest that you add an additional para

' I would also ask you to note that the reason for the overstay was that the defendant was breastfeeding her young baby. The baby was unsettled and took longer than usual to take the feed, and then of course the defendant had to change the baby's nappy and get her settled before resuming the journey, which also took some time as the baby was quite fractious. The defendant has been advised that, in these circumstances, she is has protection under the Equality Act 2010, would ask you to note that, should you pursue this claim to court, the defendant will make a counter claim for harassment against both your company and your principal.

In the circumstances, I invite you to cancel this charge, but if you refuse to do so, please provide the name and address of the principal company that has authorised you to bring these proceedings on its behalf, as I wish to join them into the proceedings as a defendant to my counterclaim.

I trust this will not be necessary and look forward to hearing from you with confirmation that this charge has been cancelled."

Coupon-mad

mgxrmw wrote: »

Thank you both that is really helpful. I have done a bit of reading, and as I mentioned, I had my baby with me at the time and was breastfeeding her, it seems that asking me to leave the car park before feeding her would be a breach of The Equality Act 2010 - which I understand to mean, makes it illegal to ask a breastfeeding mother to leave a premises. I do remember on this particular day my baby was very unsettled and I spent quite some time nursing her.
I just wondered if it is worth mentioning this? or just sticking to the original?

Thanks again

Hope these links help:

http://www.babyfeedinglawgroup.org.uk/thelaw/feedinginpublic

http://forums.pepipoo.com/index.php?showtopic=74849&start=0&p=765131&#entry765131

I post as SchoolRunMum on pepipoo and these links are the ones I always provide to show people that it is indeed unlawful to harass a breastfeeding mother (strictly speaking re Mums of babies up to six months but don't mention it either way on this thread). And the equality law protection doesn't cover nappy changing - so stick to the breastfeeding argument as regards the Equality Act!

So, as soon as you have sent that response to PE, your next task will be an urgent letter or email or assertive phone call COMPLAINT ABOUT ILLEGAL HARASSMENT OF A BREASTFEEDING MOTHER, to PE's client in the car park (whoever contracted them there). That party is jointly and severally liable for the illegal actions of their agent.

As PE are posturing in their pre-Court stance, it is IMPERATIVE you stop them in their tracks right now as you don't want the next thing - which would be actual small claims papers in many cases. Much more stressful for you than this current pre-Court situation - which I think you can knock on the head by next week if you are assertive.

If this was a retail park and you don't know who runs it, then Google does! Just search the name of the retail park and click on any local newspaper article result or retail advertising website or leaflet PDF about the place. All such results have the phone number/email of the people who run these places, look for anything where they are trying to sell shop units or advertise the place, or positive or negative newspaper reports. You will soon have a contact. Contact them immediately!

Get this cancelled OUT of court by the client. Make it crystal clear to the people that run the park that you are ready to counter sue all parties unless they 'call their dogs off' immediately.

mgxrmw

Hello,
An update:

I replied to the LBA that PE sent me, and mentioned that I was breastfeeding my unwell baby (she was actually admitted to hospital the following day). I asked them to give me details of their principle company, so I could put in a claim for harassment under the Equality Act 2010 (I worded it better than that). They replied with, what seemed to be, a template letter. Not really acknowledging any of my points. So I replied, asking them again about the POPLA code etc (they are still maintaining that this must be done within 28 days). I also asked again for the contact info for their principle company, mentioning the Equality Act 2010.

Yesterday a 'Letter Before County Court Claim' arrived. They said I have 14 days to pay, before they take me to court. Again, the ignore all my comments about my ill baby and breastfeeding.


I can't find out the outcome of anyone else who has been in a similar situation, and I was just wondering what you might advise my next step to be?



Best wishes

mgxrmw

Also it may be worth adding that I can't seem to get an address for the car park owners anywhere, and PE don't seem keen to give me one!

zzzLazyDaisy

mgxrmw wrote: »

Yesterday a 'Letter Before County Court Claim' arrived. They said I have 14 days to pay, before they take me to court. Again, the ignore all my comments about my ill baby and breastfeeding.


I can't find out the outcome of anyone else who has been in a similar situation, and I was just wondering what you might advise my next step to be?



Best wishes

Hi, this is PE's new approach. As you have gathered, it doesn't take the matter any further, and is frankly taking the proverbial! I know it is a PITTA but you just have to keep the correspondence going.

I will draft a letter for you and post it shortly.

Daisy