claim form

Half_way

You should email, or write ( if there is time) to home bargains asking for confirmation that they have cancelled the charge, once they respond then you should inform parking eye.
As for the defence etc etc, you should continue with this

4consumerrights

Contact homebargains again and request that they instruct Parking Eye to write and confirm that the matter has been closed as they are still chasing you for a reduced settlement amount - get a copy in writing of homebargains letter to PE.

Write to Parking Eye requesting that they supply a full breakdown of the £50 costs letter despite being notified by their client instructing them to cancel all charges.

And still continue with the defence - see Pranksters guides
http://www.parking-prankster.com/

hari

hi,
thanks gyus,i shall do that over the weekend. parking eye have put the breakdown in the letter i had today. cost of issuing court proceedings£15
dvla£2.50
postage£2.50
admin cost£30
they said if i would have responded to one of their four letters they sent that this matter could of had been resolved at no further cost to either party. but i didnt do that so theres no point looking back wishing i had!
many thanks
hari:)

Coupon-mad

they said if i would have responded to one of their four letters they sent that this matter could of had been resolved at no further cost to either party. but i didnt do that so theres no point looking back wishing i had!

We know they say that - it's a template reply, not a personalised one - and you will see that point rebutted in the other threads you find when you search the forum for 'prejudice' as a keyword. It is obvious how to rebut that, bearing in mind this valid medical reason you have to take longer when out and about shopping:

im diabetic and have to check blood sugars before driving,they were low so i had something to eat and sat in my car in the carpark until i felt well enough to drive an for blood sugars to rise so i would be safe to drive.

The letter has been discussed dozens of times (this letter is not connected to the small claim, it's a letter that cannot be shown if the case then proceeds to a hearing). Most people on here say 'get lost', effectively - and in your case it should be something like:

'' Regarding your latest template letter blaming me for not contacting you - even though this is YOUR failure of procedure under the EHRC Service Providers' Code of Practice on the Equality Act 2010.

I am a protected person under that Act and the extra few minutes parked was directly due to my medical condition. My diabetes means I have to check blood sugars before driving; they were low so i had something to eat and sat in my car in the carpark until i felt well enough to drive and for my blood sugars to rise. So of course I say in response to your template letter - which I was expecting because you send it to every victim at this stage to try to extract something out of your error - 'no deal'. I am not paying you money because you have failed in your statutory duty to put in place clear, anticipatory 'reasonable adjustments' of time for people with medical conditions - let's see what a Judge says. However, persist with this small claim and I will counter-sue you and your client, HomeBargains, for disability discrimination under the Equality Act 2010 and my liquidated damages for distress, unwarranted harassment and discrimination will be much higher than your unlawful PCN.''

And copy in the CEO of Home Bargains. Enough is enough and they are responsible for the actions of their agent...including discrimination like this. You need to get MUCH more assertive about your rights when talking to HomeBargains and if no joy with a local Manager (when you state the Equality Act breach) ask for the CEO's contact details immediately.

4consumerrights

In addition to coupons points above I would also add that those costs are either tax deductible or can be claimed against operating losses whereas you have also incurred some expenses in dealing with this matter:

Administrative and time costs - postage, taking advice, writing letters, telephone calls etc.

Point out that the principal has cancelled and so any further attempts by Parking Eye to continue to press for any costs are futile. Parking Eye are required to mitigate their losses and any further pursuance will result in further claims made against Parking Eye for damages and harassment by breaching the Equality Act and all expenses incurred todate, plus costs for attending any court hearing (time off work)

Coupon-mad

That's a good addition.

hari

hi,
wow! that is so brilliant.im just wandering now that my defence form to county court was no good,no excuse i know but i wasnt feeling very good at the time and fed op with it all! if it goes to court will i be able to add things like you said in the letter below to it or will they just go by what ive said already?if that makes any sense? ive had a charge from PE before,in the aldi carpark an i paid them then!! im not giving in this time..thanksfor the much appreciated help all.
hari

Coupon-mad

Yes you could add more when you get a court allocation. But don't worry about that - I can't see them taking this to a hearing now. But you need to turn the screw to get this quashed now. Send that letter and send a copy to the CEO of Home bargains. You are covered by law, you are allowed more time LEGALLY as a 'reasonable adjustment' (use those words) and in fact your car reg should be on an exempt 'white list' so you never get another fake PCN like this when shopping.

hari

hi coupon-mad,
thanks very much for going to so much trouble in writing the letter,ive written it out and its going to be posted tomorrow. email to homebargains has been sent earlier today.will let you know what happens next...cancelled ticket hopefully.

hari

hi,
just an update. just recieved an email from home bargains stating that he has spoken to parking eye again today and PE have confirmed that the parking notice has been cancelled ,they informed home bargains that they have sent me a letter detailing court costs they have incurred,due to pc being issued in august and only being requsted to cancel it in december.homebargains then said they have no control over court costs. i am fuming.