Parking Eye without prejudice offer

zzzLazyDaisy

I don't know the answer to the question, but if it was me my next move would be to make a very strong complaint to BPA about PE's conduct in refusing to comply with principal's instructions unless motorist agrees to pay the POPLA fee.

It can't do any harm - it is highly unlikely that PE will start court proceedings within the next week or so (they have to serve an LBCCC first ) and Steve Clark has a reasonable track record of getting wildcard cases like this cancelled.

I am doped up atm (completely legal I swear!) but am happy to PM something to OP tomorrow.

If that doesn't work, OP can still fall back and accept the WoP offer if they wish.


Daisy

andrew987

zzzLazyDaisy wrote: »

but am happy to PM something to OP tomorrow.

If that doesn't work, OP can still fall back and accept the WoP offer if they wish.


Daisy

Thank you much appreciated

Fergie76

Guys_Dad wrote: »

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.

But the Admin fee that the PPC have incurred is not the OP's fault. If they had accepted the original appeal that they were a genuine patient then they would not have incurred the charge.

All PE can't bribe the OP, we will only cancel charge if you pay us £27.

As Daisy said, if the PPC were confident it was a legitimate charge, then why not just say pay us £27 or we will see you in court?

And PPC's can't add the £27 fee to failed POPLA appeals that aren't cancelled by the proprietor, so how can they say pay it when it is cancelled?

Guys_Dad

Fergie76 wrote: »

But the Admin fee that the PPC have incurred is not the OP's fault. If they had accepted the original appeal that they were a genuine patient then they would not have incurred the charge.

All PE can't bribe the OP, we will only cancel charge if you pay us £27.

As Daisy said, if the PPC were confident it was a legitimate charge, then why not just say pay us £27 or we will see you in court?

And PPC's can't add the £27 fee to failed POPLA appeals that aren't cancelled by the proprietor, so how can they say pay it when it is cancelled?

PE can refuse to follow landowner's request if their contract permits it. Landowner may only instruct PPC to cancel a charge at PPC's expense if their contract allows it.
This case looks to me like the surgery will not attempt to force PE to waive any administration fee and PE can go to court clutching their contract if they choose to.

The point is that there is a huge difference between PE attempting to add a POPLA fee to the £100 charges they claim and any administration costs they may claim to cancel said charges.

The real point is does anyone get the impression that the surgery would take OP's side against PE's claim for "administration fee to cover costs"? Not from what I have read.

jkdd77

If the principal has cancelled (as is always their inherent right), then the agent has no claim at all against the motorist; their claim has been estopped.

Any costs incurred are between the principal and the agent, and nothing to do with the OP.

andrew987

jkdd77 wrote: »

If the principal has cancelled (as is always their inherent right), then the agent has no claim at all against the motorist; their claim has been estopped.

Any costs incurred are between the principal and the agent, and nothing to do with the OP.

The surgery have told me that its been cancelled, but PE contradict that and say it will only be cancelled if I pay the £27.

spacey2012

Ask the surgery for a letter stating they have instructed the parking company as principle in the contract to cancel the charge.
Inform them that if they do not do this, the practice holder will be required to attend county court for questioning, apologise for the situation but also make sure they know just who they have got in to bed with.
Make sure they know the parking scammers have refused to follow their instructions and are taking you to court (their threats) that a simple letter to produce at court will suffice the owner not having to attend court.

If you can get such a letter, we can turn tables on Parking eye and if you are up to it sue them for harassment. .

andrew987

Fergie76 wrote: »

As Daisy said, if the PPC were confident it was a legitimate charge, then why not just say pay us £27 or we will see you in court?

That pretty much is what they have said.

"On a without prejudice basis Parking Eye are willing to accept £27 in order to cancel this charge. Should payment not be made, further action will be taken as outlined in the letter before county court claim".

andrew987

spacey2012 wrote: »

Ask the surgery for a letter stating they have instructed the parking company as principle in the contract to cancel the charge.

I have emails from the surgery saying that they have had the charge cancelled. Is that the same/as good as having a letter?

Guys_Dad

You do have that, but their comment about the PPC having incurred admin costs suggests that they are really saying that they have instructed the PPC to cancel the charge, but have left it up to them to get their admin costs from you and do not appear to be saying that they will cover these costs or that PE are not entitled to have these paid as a condition of the cancellation.

As suggested, if you got a communication from them - email or letter - that says that they instructed them to cancel the charge unconditionally, then it would be left to PE to put a separate claim in to you for any GPEOL they felt they could justify through MCOL. This would NOT include the original charge.