Parking Eye - Court Claim

Coupon-mad

And don't forget not a genuine pre-estimate of loss, as it has to be if breach is alleged.

Tandon

mysterywoman10 wrote: »

No one wants a CCJ against their name and obviously this is a much more serious situation that an appeal or going to POPLA.

There is no danger of a CCJ, if I lose I pay what the court orders. You only get a CCJ if you don't pay what the court orders.

Coupon-mad

He's right you know:

http://forums.pepipoo.com/index.php?showtopic=24362

HTH

Tandon

Coupon-mad wrote: »

And don't forget not a genuine pre-estimate of loss, as it has to be if breach is alleged.

Yes I forgot to mention that.

mysterywoman10

Well that's true but some people may not have the money to pay although I suppose they could say they could only pay a 1p a week or something!

This is what really bugs me about it all, £50 let alone the full amount normally demanded of £90-100 is a lot of money to many people, times are hard enough without all the hassle of being able to park you car and go and buy something for fear of how long you might be.

I nearly just paid and probably if I hadn't already been a member of MSE I wouldn't have looked here.

We have students living with us from abroad, last year one of them picked up two tickets in a hire car. He was stung both times they just took the money off his visa card. He lost over £250 with the charges the internet hire car company took for their admin fee. One of the tickets was parking in a friends space in a residential car park and he had the permit! They sent the notice to keeper to Germany!! After they had taken it off his card!

And don't forget to sign the petition I found

We have to do something to fight back.

Coupon-mad

This is Tandon's thread and none of the threads here are general discussion (unless you want to start another one, mysterywoman10).

They sent the notice to keeper to Germany!! After they had taken it off his card!

Yep, we have threads like that all the time and the Hire co. are wrong in most cases and a complaint/dispute can get the card refunded - or it can be referred to the Financial Ombudsman, ultimately. You could have got their money back if you'd helped them dispute this at the time.

BUT THIS IS TANDON's THREAD!

4consumerrights

Tandon wrote: »

I have photos of the original 2 hour signs but not the new 3 hour ones, I'll have to make a trip to the site and photograph the new ones. I've got photos of the car park entrance road which does not have a sign at the point it leaves the public road and once you have turned into the entrance road, you cannot turn around but have to go through the car park to the exit. I was going to use this in the defence, i.e. no sign at the entrance, once a driver has turned into the road he cannot avoid passing the sign which is at the end of the entrance road and the fact the small sign was mounted well above the drivers eye level so a driver could not see it if the driver was looking where he was going. If the driver did spot the sign, he would have to look up so would be driving in a dangerous manner.
.

Yes do go back and take photos of the new 3 hour signs.
I noticed also there was no entrance sign - had a nice little journey around the area on google maps - right into B&Q car park!

This should be reported the BPA - Entrance signs are mandatory.

In you could fact word the complaint along the lines that.....

Parking Eye have issued court papers against the Registered Keeper when in fact the driver did not make any contract due to the lack of signage - in partcular the entrance, and you have photographic evidence to support this. As part of the defence will be to include a counterclaim which will name the BPA as a co-defendant, due to the persistent failures to ensure that their members abide by the Codes of Practice, you trust that you will instruct your member to cancel this charge immediately and cease any legal proceedings against you.

******************************************************

Quote: Originally Posted by 4consumerrights
or as Watford council are the freeholders - why not complain to Trading Standards?

Tandon wrote: »

That's interesting. What would the approaach to this be, presumably the complaint would be against Parking Eye and for attempting to enforce an unfair contract?

Yes your complaint would be about Parking Eye who have now issued a court claim against you. Give details of your case in particular highlighting the change in the signage allowance for the free parking time allowed. State also no entrance sign for the formation of any "contract" assuming they have the legal right to form contracts and include at this point that this breaches the planning regulations - not only for the free time of parking variances but also there is no warning sign at the car park entrance that CCTV/ANPR cameras are in operation.

Say that in the course of your defence investigation you have become aware that Watford council are the freeholder and yet you are still awaiting the contract between Parking Eye and whoever employed them and could they assist in this case.

mysterywoman10

Coupon-mad wrote: »

This is Tandon's thread and none of the threads here are general discussion (unless you want to start another one, mysterywoman10).



Yep, we have threads like that all the time and the Hire co. are wrong in most cases and a complaint/dispute can get the card refunded - or it can be referred to the Financial Ombudsman, ultimately. You could have got their money back if you'd helped them dispute this at the time.

BUT THIS IS TANDON's THREAD!

:eek: sorry boss! I'm sure Tandom didn't mind I only mentioned it in passing!

Well I didn't know about it at the time and it's a bit difficult when they found out after they had gone back to Germany! I did suggest taking it up with the credit card company. Don't worry I shan't start any more threads and clutter up the board. I'm getting back in my box night

And good luck Tandom !

bod1467

The request is to not HIJACK threads. You can START as many threads as you wish.

Tandon

Well after more investigating and sending of emails it would seem that the lease holder is Aegon UK Property Fund, operated on their behalf by Kames Capital (an Aegon company) and the managing agents are Savills.