Parking Eye without prejudice offer

andrew987

Half_way wrote: »

Forget parking eye, for now. you should be going straight to the Drs surgery with your complaints.
To the Drs surgery, following on form my recent contact with you regarding your agents, parking eye and your subsequent cancellation of the parking charges.
Your agents, parking eye are continuing to harras and intimidate me asking for money that you, as principal stated I do not owe.

I have stated that or words to that effect to the surgery. Their response is that they have had the parking charge cancelled but the £27 without prejudice offer is nothing to do with them.

zzzLazyDaisy

Guys_Dad wrote: »

They are making an offer to cancel the court action .

But that is not their offer to make. They act as agent on behalf of the principal which has instructed them to cancel the charge. So there is now no cause of action against OP, and no basis on which they could pursue a court claim.

Which is exactly why they make the offer to settle in a WoP letter - because it cannot be produced to the court, so the defendant can't complain about it.

If they really thought they could make the admin charge stick, they would state the position in an open letter and reserve the right to pursue the OP for the admin charges outstanding on the 'debt'. But without the principal's authority that would go nowhere and they know it.

I would go back to the manager of the surgery and COMPLAIN about PE and their tactics for trying to extort money out of you when you were clearly a genuine patient and they have been told to cancel the charge.

Daisy

Edit - re above post - the surgery have not cancelled the charge, as PE are refusing to do so unless you pay them £27 (or have I got that wrong?)

Also do you have anything in writing from the surgery that they 'have cancelled the charge'?

Guys_Dad

andrew987 wrote: »

I have stated that or words to that effect to the surgery. Their response is that they have had the parking charge cancelled but the £27 without prejudice offer is nothing to do with them.

Then it hasn't been cancelled then. The PPC have agreed to cancel, subject to a condition, which, as you have not agreed it, means it is still not cancelled.

But in the end, I can't see PE agreeing to cancelling without the £27, based on history. So you either pay the £27, which could be looked at as some sort of result, or you take the chance on court.

It has to be your decision and, with all respect to my experienced fellow advisers, it's your money that is at risk. If it was one of them, I know they would go for it. I would myself. But don't feel under pressure from anyone to do other than what you think is right for you. :beer:

anamenottaken

Half_way wrote: »

Also while your at it, fire off a Freedom of information request and let us all have a look at the contract the NHS trust/surgery hold with parking eye.

FOI is for public bodies. Doctors' surgeries are almost all private businesses and therefore not subject to FOI.

andrew987

zzzLazyDaisy wrote: »

re above post - the surgery have not cancelled the charge, as PE are refusing to do so unless you pay them £27 (or have I got that wrong?)

Also do you have anything in writing from the surgery that they 'have cancelled the charge'?

The surgery have told me via email that they have had the charge waivered.

Parking eye have sent me a letter though saying that they are "willing to accept £27 in order to cancel the charge" and if I do not pay it they will take court action.

Guys_Dad

zzzLazyDaisy wrote: »

But that is not their offer to make. They act as agent on behalf of the principal which has instructed them to cancel the charge.

Just seen latest post from OP so deleting this post for now.

andrew987

Guys_Dad wrote: »

But in the end, I can't see PE agreeing to cancelling without the £27, based on history. So you either pay the £27, which could be looked at as some sort of result, or you take the chance on court.

Do you think they will take it to court if I refuse to pay?

Guys_Dad

OP, what exactly did they say in the email. Did they say they instructed PE to cancel or asked them if they would?

andrew987

Guys_Dad wrote: »

OP, what exactly did they say in the email. Did they say they instructed PE to cancel or asked them if they would?

Email from surgery:

"As per my previous email. I have had the fine waivered and you need do nothing more regarding that aspect. I am not sure about the £27 charge as that is out of our hands when the queries are sent to appeals for private land as there is an administration charge."

The without prejudice offer letter from PE contradicts this though as they say that they will only cancel the charge if I pay them £27.

Guys_Dad

andrew987 wrote: »

Email from surgery:

" I am not sure about the £27 charge as that is out of our hands when the queries are sent to appeals for private land as there is an administration charge."

Daisy will be able to make a more informed reply, but that seems to me that the surgery are aware that if the charge is waived, there is an admin fee incurred by the PPC going to POPLA. A bit like when you cancel a hotel booking, there could be an admin fee, or even a holiday.

As they are aware of the admin fee and have not instructed PE not to pass that on, that seems to dilute your position. Their description of the charge as a "fine" isn't helpful, but shows their interpretation of the charge and what they have got cancelled.

But please wait for LazyDaisy's legal view.

On your point about "Will they do court?", it's crystal ball stuff, I am afraid.