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parking eye judgment

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  • lainieee
    lainieee Posts: 31 Forumite
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    I must say the one thing that occured to me when I read their reply was that they may try issuing court papers for the aldi PCN.
    I do find it strange that I had heard nothing for a while about the aldi one, yet got court papers for the range one that happened months after the aldi PCN.

    Do you think aldi would now try to issue a before court proceeding againt me, having been reminded there is an outstanding PCN?
  • Coupon-mad
    Coupon-mad Posts: 132,529 Forumite
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    edited 30 October 2013 at 1:18AM
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    Aldi don't issue the letters, PE do, and I very much doubt PE will now follow up that Aldi one, bearing in mind that they and the BPA have received your emails. They know you are disabled as per the EA 2010 so they would be mad to now follow up another one! You are legally allowed a reasonable adjustment (in your case, you need more time when shopping) and it's very simple. PE and the Range have breached the EA because they both KNEW about your needs.

    I will send you a pm tomorrow regarding a Letter before Claim to send to The Range and to PE, so they get it this week. Don't pay the judgment yet but have an eye on the actual date by which you may end up having to pay - or suffer a CCJ - if this isn't sorted in time (hopefully it will be).




    PE Spy - I suggest you sort this one out immediately as the Range won't be happy being dragged into a small claim.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pustit
    pustit Posts: 239 Forumite
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    My enquiry was passed from Rachel to Amy and finally to Dave Batson.
    He is an apologist for PE but does have email capability !
    Try him on Dave.Batson@aldi.co.uk
    HTH
  • lainieee
    lainieee Posts: 31 Forumite
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    Coupon-mad wrote: »
    Aldi don't issue the letters, PE do, and I very much doubt PE will now follow up that Aldi one, bearing in mind that they and the BPA have received your emails.

    Could you please clarify who 'they' are? As I dont think I've sent any emails to PE directly since I started this thread. Unless you mean 'they' as in capita, paul pindar ? Sorry if I sound a bit dim lol.. im not feeling so great, I'm in lots of pain & aching everywhere...so feeling very bluughhh.
  • lainieee
    lainieee Posts: 31 Forumite
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    Reference 61446
    Dear Miss G********

    !Thank you for your email dated 27th!October 2013. I can confirm that its content is under review with management, however in order to assist with the investigation and to ensure all the required documents are present and correct, please provide us with a copy of the letters you have received regarding the parking notice as well as your contact details, such as a home or mobile telephone number.

    Once this information has been received the investigation can continue and contact will be made in due course.
    Yours Sincerely

    !The Range

    Head Office

    Customer Service Department

    >>>>>>>> that is in response to the email sent below <<<<<<<
    !! !!!!!!! !!!!! !!!!!!
    From:!lainie [mailto:lainie@*****.co.uk]!Sent:!27 October 2013 01:14To:!Customer Services DeptSubject:!RE: ParkingEye judgement

    !Sir/Madam,

    Please DO NOT insult me with your standard fob-off about parking charges. TAKE NOTE AND REFER THIS TO YOUR HEAD OF CUSTOMER SERVICE, OR YOUR LEGAL DEPT.!

    I am about to sue The Range for disability discrimination because I have suffered a CCJ because of the actions of your staff and your parking agent.

    Do you understand?!

    Look at this link again:

    http://forums.moneysavingexpert.com/....php?t=4802567

    !
    This is not something that a Customer Service Clerk can handle with a fob-off email template response. Pass the complaint to your Manager immediately, someone who can and will sort this out on Monday morning.The Range will be receiving a court claim if not, and as you can see from the attached link I have the backing of people who will see this through.

    Regards

    Miss G********

    !
  • Coupon-mad
    Coupon-mad Posts: 132,529 Forumite
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    edited 31 October 2013 at 12:13AM
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    Once this information has been received the investigation can continue and contact will be made in due course.

    Send them copies of the letters which relate to the fake PCN at the Range, plus reiterate how PE and The Range both 'knew or should have known' about your 'protected characteristics' (both are phrases from the Equality Act 2010 which is what has been breached by this harassment and failure to make 'reasonable adjustments'). State that PE had your medical information by email as early as 2012 - and they dismissed it, which you can prove - and The Range actually saw you and took the Summons paperwork from you and said they would cancel it (and didn't). In addition to The Range being horrendously at fault in failing to sort out the Court issue for you, there is another Equality Act basic breach at this site. Neither party has made any adjustments for disabled people up front, in terms of any extended time or 'exempt car reg numbers' list, which would be a perfectly reasonable/easy action for a Store to take for disabled customers who find they need longer than the arbitrary time limit.

    Ask them for the 'address for service' of a Letter Before Claim as you will be serving them in a day or two, both to Parking Eye and to The Range. Tell them that 'time is of the essence' as you have a CCJ due to their inaction and SOMEONE has to pay it within about 3 weeks to avoid it tainting your clear credit record. That someone could be the Range (or Parking Eye wiping it) but you will not accept the CCJ showing at all, even as 'CCJ satisfied' on your record.
    lainieee wrote: »
    Could you please clarify who 'they' are? As I dont think I've sent any emails to PE directly since I started this thread. Unless you mean 'they' as in capita, paul pindar ? Sorry if I sound a bit dim lol.. im not feeling so great, I'm in lots of pain & aching everywhere...so feeling very bluughhh.

    Paul Pindar's was the PE email - sorry that was who I meant by 'they' (PE, owned by Capita).

    You don't sound dim at all, you have been very proactive as you need to be. I will talk to Daisy about perfecting a LBCCC for you to send both parties this week!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
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    Just to say, I have been following this thread and will be liaising with C-M re preparing an LBCCC for you to serve on ParkingEye and the other offending parties.

    Actually it will be quite a useful exercise for Rachel Ledson as, despite a veritable deluge of complaints about ParkingEye's woefully pathetic excuse for a Letter Before Claim, they seem to be congenitally incapable of getting it right.

    A cynic might think that Ms Ledson and the legal team for which she is responsible are deliberately and wilfully flouting the Practice Direction.

    But that would be a breach of SRA Principles which could ultimately lead to Ms Ledson being struck off, and ParkingEye's legal department being closed down.

    And no solicitor in their right mind would put herself at risk like that - would they Rachel?

    Never mind, you'll shortly be in receipt of a properly formulated LBCCC which you can use as a template so you can get it right in future.

    OR you could just do the right thing and cancel this charge before it gets REALLY messy.

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Umkomaas
    Umkomaas Posts: 41,475 Forumite
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    I'm loving this thread. Popcorn time :T.

    Hell hath no fury like [STRIKE]a woman[/STRIKE] three women ........
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • lainieee
    lainieee Posts: 31 Forumite
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    Argggghhhhh I've just scanned in all the PCN's, court claim, judgement, my receipts for the dates concerned at Aldi & The Range and ...letters before action! I appear to have an LBA from Aldi, which I didn't know I had! its dated 11th of june! but nothing since.

    So in total from Aldi I had 3 PCN notices before they sent me a LBA. For The Range I only had 2 PCN before they sent me a LBA..

    I wont be able to construct a reply to The Range from the email received asking for the letters etc., until later this evening as I am taking my little boy to see 'cloudy with meatballs' at 4pm. Spent this morning until 1pm travelling. so its been a bit of a busy day!

    Any more help anyone could give me would be grateful, to help/advise me, how to put together a reply with all the details they want and all the fact & law I've got to remind them(The Range) of..along with the scanned pages requested by The Range.
    Phewww...
    Thanks
    Lorraine :)
  • Coupon-mad
    Coupon-mad Posts: 132,529 Forumite
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    edited 1 November 2013 at 1:33AM
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    I think I would just say 'Here are the letters I can find about the incident at the Range. ParkingEye and the Range (Store Manager?) both knew about my 'protected characteristics' (an Equality Act specific term, in case the Range don't know). As such, both you and your agent failed to make any 'reasonable adjustments' under the Equality Act 2010 and are guilty of indirect and direct discrimination. If you want to know more about this 'charge' I suggest you liaise with ParkingEye over this Court judgment and speak to the Store Manager who took the details from me and verbally agreed to sort it out when I got the claim. I urge you and ParkingEye to act urgently and ensure the CCJ is wiped completely from my record, because I will be serving you both with a Letter before Claim now and intend to report you both to the EHRC for Equality Act breaches. '

    Please give me your 'address for service of legal documents', by return of email, and confirm that Parking Eye are contracted by you at this site.

    As for the Aldi LBA, Daisy and I will take that into account, no worries. One of us will pm you tomorrow.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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