parking eye judgment

4consumerrights

Coupon-mad wrote: »

I am not so sure. Lainieee has a couple of weeks yet at least, and can send an urgent LBC giving them seven days to wipe the claim.

Good - losing track of time on this one - hopefully then still time to get this sorted - but don't hold your breath - Parking eye will probably stall and test the water re counter claim (after all they already have the judgment in their favour) so bear in mind the above and IMO the OP must go ahead with the counterclaim.

(Just another thought - the OP's story makes a very good human interest story which many magazines etc will pay good money for more than the CCJ amount and perhaps she should also consider this-
Also maybe another letter to PE and Paul Pindar reiterating the discrimination angle and also stating considering going public may prove beneficial in getting charges cancelled).:)

Coupon-mad

Lainieee I have sent you a pm with some information and food for thought.

4consumerrights

lainieee wrote: »

If I recall correctly, it is a month from the judgement letter that I must pay by..which that was 17th oct..so that would make it 17 nov...but.it also says to give 4 days to reach them. So if my math is correct.. that's 8 days.

I would have to pay by card, unless I went in to the bank snd asked them to draw a cheque...

Regarding Paul Pindar (the coward) he didnt deal with it personally it would seem..instead he fowarded it to the paking eye nodding dogs! Who in turn have emailed me with their drivel which I copied in to my post earlier.

I cant believe yet again they are disregarding my right to have longer parking before the PCN kicks in!!! ***holes... please excuse my french..atm im pretty annoyed

Lorraine

Oh dear time is running out - I was typing as you posted.

Email paul pindar at Capita immediately and inform him that Parking Eye failed to address your complaint regarding the Range and are continuing to ignore their legal obligations for reasonable adjustments under the Equality Act. Give Paul Pindar 48 hours to get this charge cancelled otherwise state that LBC letters will also be addressed to Capita in this matter and inform him that at this stage you are considering going to the media with this story. Remind him that this judgment was made without your knowledge as the landowner (the Range) had promised to cancel this charge. State also that you would have defended this charge in full in court had you been given the opportunity.

If this is not sorted out in time...
Regarding payment re my other post I don't know if the bank draws the cheque that they will include "payment under duress". If you should have to make a card payment try and pay by credit card (as you may get extra protection -though not sure) and write immediately with the payment details regarding payment under duress etc.

Just another thought - does your home insurance provide legal assistance as if so - you may get assistance via this.

lainieee

I have received this from the range...what did I tell you? ......nothing about the fact the tills were playing up when I was there & the huge ques!!! Or the fact the store mansger said she had cancelled the court notice!!!!
********************************

Dear Miss G*******,

Thank you for your email enclosing the requested documents, I can confirm that these have been attached to your file and reviewed. I note that a telephone contact number has not been provided and therefore I have been unable to discuss with you your concerns.

!It is noted that you wish to create a case and are requesting that the CCJ ordered against you be removed by either myself or Parking Eye. As I am sure you will appreciate the CCJ is a County Court Judgement and therefore is a judgement issued by the court and not myself or Parking Eye. Therefore it would be my recommendation for you to act upon the instructions within the judgement order to prevent any further grievances.

!Regarding the situation that has resulted in this matter I would like to take this opportunity to apologise if you are unhappy with the situation and the outcome of the hearing, however as I am sure you will appreciate Miss G********, this case would not have escalated to this stage, had you followed the appeals procedure on the reverse of the notice.

!On 25th!April 2013 you entered our car park, which is a facility that is offered to our customers, you proceeded to make purchases within the Southampton branch, however your length of stay exceed that of the allowed time, as documented within the car park and store. On 11th!May 2013 you were issued a notice for breaching the terms of parking and were advised of the deadline to make payment or to appeal. You chose to ignore the content of this notice or to comply with the deadline for payment as well as their invitation to appeal. Therefore on the 5th!June and 20th!June 2013 you were issued further correspondence which again you chose to ignore therefore resulting in the action stated within the letter of 20th!June 2013 being fulfilled. Had you have made contact or appealed, this version of events would not have occurred. Once court proceedings are filed, additional costs are instantly incurred by the claimant and therefore in order to recover these costs the case must be heard if not settled prior to the hearing date. Again you had the opportunity to appeal/defend the case/claim against you, however again chose to ignore the correspondence by the court. I must state Miss G*******, upon receipt of the Claim form issued by the court, and the Judgement for claimant you chose to continue to disregard the correspondence until it had reached a stage whereby neither myself or Parking Eye were able to accept your appeal and a judgement was made in your absents. Had you accepted the invitation to appeal back in May 2013, we would not be in the situation today.

!

I note the content of your email and apologise if you remain unhappy and if you feel that the actions taken by Parking eye or by the Range for monitoring the car park falls outside that of your expectations. However The Range and Parking Eye follow required guidelines and I do not feel that we are in breach of the Acts referred to in your letter as the system used is ANPR (Automatic Number Plate Recognition) and you were invited to appeal against the notice, yet chose not to do so, and therefore The Range unfortunately cannot be held liable for the decision you made.

!I do hope that I have clarified any uncertainties you may have had and as advised above, the judgement has been issued by the courts and not The Range.

!Once again please accept my apologies for any inconvenience this matter may have caused you.

!Yours Sincerely
Emma Quaintance
Head Office
Customer Service Manager

jeanraffio

I know this isn't helpful, but a Customer Service Manager that makes frequent spelling and grammar errors.... Hmmmm.

You've also left your name in half way down, I see that you've asterisked it out at other points so you may wish to edit your posts.

As for the content... customer service at it's best.

lainieee

jeanraffio wrote: »

I know this isn't helpful, but a Customer Service Manager that makes frequent spelling and grammar errors.... Hmmmm.

You've also left your name in half way down, I see that you've asterisked it out at other points so you may wish to edit your posts.

As for the content... customer service at it's best.

Thanks, I realised that once I posted..think I've sorted it now.
I knew they would try that line on.. that I ignored it all.. to be quite honest, I genuinely forgot! Which is not unusual for me, put it somewhere safe, then forget I've done that. Besides which, after my experience appealing the September 2012 pcn & their total disregard for my health & mobility problems, I didn't want a repeat of that! It stressed me out beyond belief which isn't good.
I can quite literally be bed bound & out of action for days, weeks even.. I am constantly exhausted & have to sleep in excess of 15hours at times! On top of that I live in constant pain, for which I am on numerous medication for.. oxycontin extended release 3 times a day2&half times stronger than morphine), pregabalin, antidepressants...all of them together induces tiredness. Then if & when I get a good day (where I can keep awake, pain is just about tolerable) I go out to get things I need, I get slapped with a bluddy pcn

I have extreme trouble making decisions & can spend so long deciding which brand or make to get. It drives me absolutely insane..& thats all just the tip of the iceberg. I rarely go outside the house, due to all these issues & it causes me a great deal of anxiety,
I also have trouble with forms, not just the court papers I received! I am currently trying to do the PIP form which should have been sent back to reach the DWP by nov 4th! & that also has a great impact on my life. So their assumption I deliberately ignored it all is not true at all!
I'm starting to become quite stressed..as you can probably see..lol
Lorraine

Coupon-mad

Help for you is being sorted out...:)

lainieee

Thank you. I do know that people are helping including yourself.
I am finding it very annoying that yet again they are trying to make mepay. That neither the range or parking eye think there is any case to answer.
The fact that the tills were acting up causing huge ques waiting to pay, they are able to check that was the case! Jothing regarding the store manager who said she had cancelled it! The proceedings COULD have been cancelled at that time, as they have done so before that I've read about..them withdrawing a court claim.

So why wasn't it withdrawn?

They dont think or believe they have broken any laws.

4consumerrights

Lainee - I've sent you a pm response.

shocking that the Range are now denying this left, right and centre but hardly surprising when you read the Range's own biography on Chris Dawson:
http://www.therange.co.uk/fcp/content/chris_dawson/content,

Cyclex - a business directory has a section for comments -perhaps a few comments for parking eye/the range could be put on here:
http://www.cylex-uk.co.uk/company/the-range--southampton--shirley--12870560.html

lainieee

I received a postal letter yesterday from Laura Theobald, she thanked me for the documents( I also included letter from the hospital dated jan 2012 stating i had a diagnosis of Fibromyalgia & ruptured discs, detailing the pain i am in especially when walking) Laura states that they have cancelled the Aldi PCN with immediate effect (as a good will gesture) & that I should not hear from PE again regarding that PCN.. She goes on to add that they have issues a permit in that store to enable me to shop for up to 3hrs without incurring ANY parking charges! Thank you Laura, I appreciate that. Wonder what will happen should I inadvertently overstay at any other ALDI tho..?

It makes me laugh that parking eye sort of made out that it had anything to do with their conversation with aldi! It was Aldi's choice due to ME contacting them, not parking eye!!

Can this be used as evidence? Given I visited & received the aldi pcn long before I visited the range & got a pcn there ? It begs the question, why was the range one entered in to court first, surely it should be in chronological order ?

Lorraine