Parking eye ticket

Guys_Dad

Seen this on other threads.

Seem to remember they want £50 or so. Isn't that where you started when you decided not to pay?

Umkomaas

I've skim-read your thread and haven't spotted who the retailer was, but it's looking remarkably like Aldi and that you've probably had a chat with Ms Rachel Organ at Aldi's Parking Department.

If so, (and I apologise if I'm wrong), then Aldi are as much in on this scam as PE (not necessarily in terms of direct financial involvement, but in terms of supporting PE in chasing their admin and solicitor fees for cancelling the charge).

The main job (whether or not this is Aldi) is to get written confirmation of the cancellation from the organ grinder (no pun intended there Rachel ) especially if the monkey is still going to try to pursue this.

Let us know how it goes - more advice as matters progress.

zzzLazyDaisy

The first thing to do is to get the principal to confirm IN WRITING that they have instructed PE to cancel the charge. You need this as evidence in your defence. It depends what they say in the letter as to how you can use it. Normally what happens is that the Principal confirms the cancellation of the charge with no conditions attached.

But here's the thing - PE then write to you and tell you that you must pay £50 as a condition of cancelling the charge, but they notify you of this in a 'without prejudice letter' - which means the letter cannot be shown to the court. So all the court knows is that the charge has been cancelled and you cannot complain to the court about this condition. Of course if you refuse to pay the £50, PE refuse to cancel the charge and the whole claim continues. Basically it is smoke and mirrors - nothing PE do is ever straight forward.

It would be a legitimate offer to settle if the cancellation was made subject to the payment of the £50 fee in an open letter, as that would be the terms of the offer, but that is not normally how they do it. Which is why you need to get something in writing to confirm the charge has been cancelled (and see if the 'subject to payment of costs' is included in that letter).

Of course you can just pay the £50 fee and put an end to the court case (not recommending this, but just pointing out it is an option open to you).

Let us know when you have the confirmation in writing from the retailer and what it says, as this can also be put to good use in the Defence

D

Coupon-mad

Echoing what zzzLazyDaisy says above and to say that we have seen this £50 'without prejudice letter' posted several times before.

My view would be no way would I pay their so-called 'wasted costs' (that's for PE or Aldi to pick up as they have harassed you when, if you had known, you could have got this cancelled earlier). The point is that the contract between them secretly hides a term known as the 'genuine customer exemption' whereby PE will cancel a fake PCN if a customer shows a receipt of £30 or more. And yet...do they bother to tell customers that in any signage on site or letter from PE or on the Aldi CS desk? Nope.

As discussed here (post #16 by me posting on pepipoo as SchoolRunMum) I suggest that this is a 'misleading omission' which caused you to be in this situation now:

http://forums.pepipoo.com/index.php?showtopic=80716&st=0

So in my view it's PE that have caused the matter to escalate to your potential loss/detriment and that is an unfair hidden term that should be communicated with the people who are likely to suffer by it (customers). PE reckon the driver entered into a 'contract' and then breached it - and yet do not tell you the 'get-out clause'.

For that reason I would decline their kind offer of the £50 'costs' if it were me, or I would pay it and then consider suing Aldi for it!

That is just one point for defence, BTW, there are lots as you will have already seen from the links previously given. And you are right to realise that you still have to defend this matter because you can't assume the small claim is withdrawn (it won't be yet) if the Supermarket wants the charge cancelled.

zzzLazyDaisy

And just to add to C-M's comments about the 'secret clause'... once you have filed the defence and received PE's response, you will be making a request for Disclosure of Documents for copies of the contract (s) which PE relies on - including the contract with Aldi.

But that is jumping ahead... Focus on getting the defence sorted for now.

D

Brackley

reading info now will reply this evening thanks all

Brackley

very quickly
parking ticket was given in a retail park car park with a number of retailers- I shopped in Halfords bought cycle helmet for my 2 year old but with cash

again will read comments in full tonight
thank you all

Brackley

Evening all- as usual thank you all again.
an update....
Halfords will not send a letter showing that they have asked for the parking charge to be cancelled, but the manager has agreed to send me a fax with this info on it- this would be Ok right? If its not arrived at my workplace by tomorrow I will be chasing it up. The manager seems extremely nice and told me he was happy for me to call him back if the fax did not include all the necessary info-do I suggest to the manager that he include in his wording in this fax that I do not have the ticket cancelled 'subject to payment of costs' - if he would do this (prob not likely)but....

Also I have no evidence that I spent money in Halfords on this day as I paid for my items in cash and cannot find receipts....does this matter with regards the 'genuine customer exemption' whereby PE will cancel a fake PCN if a customer shows a receipt of £30 or more-I'm thinking it will as I would have to show the receipt in my evidence right?

Coupon Mad ...your thread suggestions are helping me currently write/cut/paste my defense thank you

Coupon-mad

It's too late to get PE to cancel it on the 'genuine customer exemption' rule of course - but it should certainly be cited as a 'misleading omission' under CPUTR 2008 in your defence I think, even with no receipts now. Point being, if you had known ON THE DAY about the get-out-of-jail-free card then you could have asked Halfords to get it cancelled whilst you still had your receipt in your hand. But because PE send postal PCNs days/weeks later (was the first PCN letter received within 14 days of the incident?) you had no chance to do anything and the possibility was never communicated to you as a customer = the person who stood to be penalised by the omitted/hidden term.

Glad you are getting the defence sorted - but you need to take a leaf out of this person's book re putting a complaint on Halford's facebook page:

http://forums.pepipoo.com/index.php?showtopic=82791

''Halfords were absolutely brilliant - their Social Media Team had sorted it out within 48 hours and text me back via their Facebook website to confirm that Parking Eye had revoked the charge. They have the same car parking as the other stores but took ownership of my request for help and I can't praise them enough - pity the other weren't as focussed on customer care they could learn a few things from Halfords.''

{posted today and he says he isn't even going to be chased for that ridiculous £50 costs that PE keep 'offering to settle for' when the retailer tells them to stop!}

nigelbb

In the small claims it should be sufficient for you to declare in your evidence that you were a customer of Halfords. Cases are decided on the balance of probabilities & a statement of truth is sufficient proof of any evidence as lying to the court is a very serious offence as you will get sent to prison for committing perjury.