I have received a Parking Eye County Court Claim Form

Coupon-mad

Yes but you won't end up in a court hearing anyway if you simply respond to PE and show you are not a pushover.

You can indeed reply to PE and include your point about the name (but not as a rhetorical question, state it as fact). And the fact that the principal has cancelled the charge, so as a mere agent they have neither the cause nor the legal status to bring a case anyway, as was found as fact in ParkingEye v Sharma and ParkingEye v Gardam, which you are waiting with baited breath to see updated in their 'news' section on their website soon. You look forward to hearing they have dropped your case and for the avoidance of doubt, you will not be contributing to their business running costs. Kind regards, the keeper.

Lamo

I indeed made that point strongly in my letter to them, on receipt of the CC claim, and also in my defence, which has been acknowledged by the court.

As has been pointed out by Guys Dad and Stroma, the cancellation request was by a tenant retailer, NOT by the Principal Landowner (as far as I am aware), so I am reluctant to overemphasise their lack of “cause or the legal status to bring a case” on that basis.

Coupon-mad

So just emphasise it in the light of the two recent court cases v Sharma and v Gardam instead!

List of PPC Court Cases (non-exhaustive)

It's about rattling their cage again if you haven't written recently, but if you have then fine, the ball is in PE's court.

4consumerrights

Ditto Coupon's above:

As has been pointed out by Guys Dad and Stroma, the cancellation request was by a tenant retailer, NOT by the Principal Landowner (as far as I am aware), so I am reluctant to overemphasise their lack of “cause or the legal status to bring a case” on that basis.

Do not confuse the cancellation of the ticket by the retailer with Parking Eye's contract with the landowner with "cause and legal standing to bring a case"

Retailers of large shopping outlets have been known to have the authority to cancel parking charges as shown in coupons sticky " Successful Complaints - how to get parking charges cancelled". The fact that Parking Eye appear to be now agreeing with this also proves this point, whilst underhandingly and fraudulently trying to impose illegal business costs upon you.

Fundamental contract law must demonstrate that Parking Eye have the legal authority/propreitary interest to pursue parking charges in their own right. Parking Eye tend to conceal this by introducing "suspect witness statements" - Check out Parking Pranksters blogs - here's a few to start:

http://parking-prankster.blogspot.co.uk/2013/11/parkingeye-pursue-motorist-even-though.html

http://parking-prankster.blogspot.co.uk/2013/11/parkingeye-witness-statement-debacle.html

http://parking-prankster.blogspot.co.uk/2013/11/parkingeye-caught-out-using-post-dated.html

http://parking-prankster.blogspot.co.uk/2013/11/is-jonathan-langham-of-parkingeye.html

Also read this thread by Bargepole:
https://forums.moneysavingexpert.com/discussion/4820510

Coupon-mad

Also PE's contract usually has a 'genuine customer exemption' which allows a retailer to cancel a charge. You can tell PE you know that's likely to be a phrase in the contract and that if they pursue this flawed case to a hearing - you will ask the judge to look at it in depth. Because if you had been told that (on signage anywhere or clearly in PE's early letters) then PE's false charge would never have progressed. But you were never told you were exempt and could have asked the outlet to quash the charge at the time - so it's a breach of the UTCCR 1999 as it's an unfair term, deliberately withheld from the party who would suffer detriment due to it:

http://forums.pepipoo.com/index.php?showtopic=80716&st=0

See post #16 which I wrote on pepipoo as SchoolRunMum a while back. A 'genuine customer' can certainly include someone browsing with a view to a large purchase from the outlet. It is very likely in their landowner contract and yet PE never told you the 'genuine customer exemption' was even an option.

spacey2012

Anyone with a Parking Eye "witness statement" in a evidence bundle for court let me know, I know a few tricks about challenging these, almost certainly make them throw the case unless the director fancies a few months inside.

Coupon-mad

In fact ParkingPrankster has now made this offer to anyone needing help with a PE small claim:

http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html

He has a lot of evidence & experience to help with these cases; contact him asap.

Lamo

Many thanks