parking eye judgment

lainieee

I got a parking eye fine when I shopped at 'the range' in shirley southampton. & overstayed by about 20mins? I think. this was at the beginning of the year.(not my fault as tills were playing up).so read up about parking eye & got advice...all said to ignore it..so I did. (Please dont flame me, its what i was told at the time) However..a month or so ago I got court summons papers. So I went to the range with the papers, the notices & my receipt for the day of the fine. I told the shop manager that I have mobility problems (I have to use a crutch & walk slowly leaning on a trolly) that day i was in alot of pain, when I did get to the cash desk to pay, the tills were all playing up..so it took around half an hour to process my purchases & pay. Shop manager told me she would email parking eye telling them I was a genuine customer that day & about the tills etc & get the summons stopped, to leave it with her & she would ring me once she had emailed parking eye, to let me know she had done so. I didnt think I had to do anything after that. ..yesterday I got a court paper saying because they had heard nothing from me that a judgement in favour of parking eye was passed for £165.00. That I now have it on my credit record. I have had a clean credit record for most of my life. I rang the range telling them of this, the lady who delt with it was off, the guy said he would pass all the details on to her when she came in today & get her to ring me. Which I am waiting for now. Also can anyone tell me if the range are the land owner of the site where the range is in Winchester road, southampton. This fine/summons should have been cancelled. But now I have this judgement.Please help.

Coupon-mad

I am at work but your is a classic case where the remedy will be to sue the Range and the Retail Park Managing Agents and Parking Eye for failing to make 'reasonable adjustments' of time for people like you.

You have a particularly good case against the Range because they knew about your mobility problems which meant you were covered by the Equality Act 2010 and they took responsibility for cancelling the charge. Now you find yourself in this situation.

- Have you paid the CCJ yet?

- when was the letter dated which said a default judgment had gone through?

- does it give a date to pay by, which would wipe the record (a month, what date?).

Don't pay it just yet if you haven't. I am thinking a quick Letter before County Court Claim, sent to all 3 parties for £200 plus court fees would bring a swift conclusion to this. We can help you so please let us know a bit more about the dates and whether you've settled it yet. Please wait...take our advice over the weekend.

If she rings you, this really can't be dealt with over the phone unless she gets PE to remove the judgment and close the case AT NO COST TO YOU. If PE say they need costs then the range will have to pay them, you should tell her. Don't be 'talked down to' do not let her talk over you...be assertive and tell her you are currently taking advice about suing the Range for at least £200 (or whatever higher sum a judge sees fit) because they and their agents have breached the Equality Act 2010. They owe you damages.

If she wants more details and you get tied up in knots, tell her unless she acts to cancel this charge NOW, this isn't a matter for phone conversations ask her for the 'address for service of legal documents' because you will be sending a pre-court claim letter next week. You could actually sue for a lot more but I would expect they will settle it quickest if you keep your amount low. Or the Range will discuss it with PE and it will be quashed.

bod1467

Listen to C-M ... she knows her stuff and you'll beat this with her help.

Coupon-mad

Please tell us the answers to my questions and what the Range said so far.

lainieee

Hi..thankyou so much. Yes the manager could see I had mobility problems as I was using my crutch. I also told her I have Fibromyalgia, 2 ruptured discs in my lower spine, diabetes & various other health problems including chronic pain & depression.
I went to the store with my partner & young son on Friday 23rd of August. I remember the date as we went for a weeks break away for the first time since I was 26yrs old..im now 42 lol.

The judgement says - judgement for claimant (in default).
Its dated 17th october, I got it yesterday 24th October! .
It days if I ignore that my goods may be removed or other enforcement proceedings may be tsken against me which will add further costs. If I pay in full within one month, I can ask the court to cancel the entery on the register & will need to give proof that i paid. It also says i should allow 4 days for payment to reach the claiment or their representatives.
I am a bit worried they will ask for evidence I have mobility problems. As in September 2012 I had a parking notice from parking eye over another over stay somewhere else, when I emailed them saying I had paid but became ill & could not drive, told them of my problems, they asked me for a copy of my blue badge. I didnt have one & still don't. They said I had to pay it ..so I did as I wasnt up to fighting it. I did receive dla up until the end of July this year, I was in the process of reclaiming online when my clsim vanished & I was told I had to claim PIP. (Just so you are aware, incase its relevant)

I stuggle very much with my memory & also dealing with things that are stressfull as it makes my fibro flare. I know I should have delt with it before it got to this stage as im now having to fight back which is causing more stress. Thank you so much for your reply, I hope I've answered all the question's you raised? Please tell me if you need to know any more info
Lai

lainieee

No i havent paid the £165.00 yet. Alas I had just spoken to the lady before I checked back here, she said I need to appeal the judgement & that she cant give me anything in writing that she did email parking eye to cancel the proceedings. She told me that parking eye have to divulge the information to the court that they had been contacted to stop proceedings. She does not know who the land owner of the site is either ?
I had also posted my first message to the main 'the range' facebook page, they replied with this >>>
Hello Lorraine,We would recommend that you contact the store and ask for the lady who dealt with you on this occasion or the store manager. If they are unavailable then we would emailing this message to customerservice@therange.co.uk!and a member of the team will be happy to help.Customer Service Team.

Coupon-mad

I take it the Store Manager hasn't phoned back or anything?

And you safely have about 3 weeks then, to get them (PE) to cancel the judgment and tell the court it has been withdrawn (NOT 'satisfied', don't let PE get away with that word as the CCJ would still show on your record).

Now that you have told me that you paid ANOTHER PE fake PCN a year ago I would really like to help you to word strong Letters before Claim. And in the case of the PE letter I would add whatever you paid them in 2012, plus 8% interest for at least 12 months, to your claimed amount, so that PE get a LBC for more. It's 'good' that PE already know about your disability which they denied in 2012 was relevant, because you can show they have breached the Equality Act too.

You don't need a Blue Badge to be disabled under the Act. The Range, PE and the landowner/agent have to make anticipatory 'reasonable adjustments' for customers like you, which would certainly include allowing more time to shop before a 'PCN' kicks in. It's simple, this is indirect disability discrimination and it's actionable, you can get damages.

I would add in whoever runs the retail park as the third party in the 'proposed claim' if you can find out who that is. It's not the Range at St Helens is it?





P.S. To the Parking Eye Spies:

PARKING EYE IF YOU READ THIS THREAD YOU ARE GOING TO HAVE TO CANCEL THIS JUDGMENT AND REFUND THE LADY FOR THE ONE SHE WAS HARASSED TO PAY IN 2012, PLUS INTEREST. I WOULD DO THAT SOONER RATHER THAN LATER BEFORE THE CAR PARK CLIENT IS DRAGGED INTO THIS. THE LADY IS CALLED LORRAINE AND BOTH HER PARKING 'TICKETS' (INCLUDING THE ONE FROM 2012 WHICH SHE APPEALED AND TOLD YOU THAT SHE HAD A DEBILITATING ILLNESS) WILL BE EASY TO FIND ON YOUR COMPUTER RECORDS.

esmerobbo

Unbelievable someone in the store said they would deal with it, and they don't, then a customer ends up with a default judgement.

I bet the lady [STRIKE]could[/STRIKE] would not produce any proof she contacted PE.

As C-m says you have little choice now but to fight back.

As C-M rightly states lets see if PE do have any morals come on cancel this judgement, or is £165 from a disabled person really that important. Giving PE the benefit that they did not know before today!

lainieee

Hi, yes I had already spoken to the manager before I came back here to check my original post & any replies. I wrote it in my last reply.. im guessing you didnt see it as you were replying to me at the time?
Ok..so what do I do, where do I start & what should I write to who..how do I find the land owner or agents? I beleive I still have the emails from the PCN from September 2012. Many thanks
Lai

Coupon-mad

But you can argue to a judge that clearly PE did know about this lady's medical condition (which wasn't going to just go away in a year!). They knew because she appealed the other ticket* in 2012 and they wrongly asked for a Blue Badge as the only indicator of her need for extra time to shop. She then paid it so she is already out of pocket and PE already know about her condition.



* Lorraine was it the same vehicle, same address on the 2012 ticket you paid? Which car park was the 2012 one in please?

lainieee wrote: »

Hi, yes I had already spoken to the manager before I came back here to check my original post & any replies. I wrote it in my last reply.. im guessing you didnt see it as you were replying to me at the time?
Ok..so what do I do, where do I start & what should I write to who..how do I find the land owner or agents? I beleive I still have the emails from the PCN from September 2012. Many thanks
Lai

See questions above, could you tell us the name of both the retail parks where PE ticketed you for overstaying?

I will take advice from some others on pepipoo over the weekend and will help you to write Letters before Action.



PE SPY, IF YOU WANT US TO HAVE ANY RESPECT AT ALL FOR YOUR COMPANY: Might I suggest you send the lady an apology and refund of the 2012 one, plus 8% simple interest for 12 months, and withdraw the latest judgment (wipe it clean, not 'a satisfied CCJ') over the weekend or you will see this played out EXACTLY as I have indicated here and BOTH car park managing agents/landowners will be dragged into claims. You know I have a copy of your 'Aldi Leyland leaflet' which shows you know about your duty to allow extra time (albeit only at 'some' car parks, as you have a strange definition of duty!) and you know (I hope) that I am confident that I have more knowledge about the EA than your legal team do. And Lorraine still has her emails as evidence re the 2012 one too, so we can show you 'knew or should have known' about the chronic disabling conditions this poster has.

PE if this isn't sorted out by Monday you will indeed see what pepipoo posters can do for your victims. And if you do sort it out (BOTH TICKETS) I promise to start a new thread on both forums telling the posters about your actions to resolve this farce and disablility discrimination.

This car reg needs adding to a PE white (exempt) list, pronto.

CAPITA what have you bought into...

esmerobbo

Just posted the link to this page on the Range facebook page, lets see if it disappears or is acted upon!

https://www.facebook.com/therangeuk