County Court Letter - Success!

Oakley2702

bod1467 wrote: »

They may try to sting you for some of their costs. You can obviously tell them to shove it where the sun don't shine.

Really? That's music to my ears. :j

hoohoo

PE will ask you for £50, so you will need to get a letter from the landowner confirming they have asked pe to cancel the charge.

A recent poster on pepipoo was in the same boat as you. In the end he settled for £15 rather than go through the hassle of court, but once you have the landowner letter you can write a letter to PE telling them they have no case and you will be asking for large costs unless they drop the case immediately

Oakley2702

As stated above, today I received the letter saying the cost has been reduced to £50, I rang PE just to confirm that this was because they had received the letter from the landowner, which they confirmed.

So am I right in thinking that the next steps for me are to get a copy of the letter which the landowner sent and just write to parking eye to say I won't be paying for charge?

Also, do I need to still put my defence in with the county court or is that not needed now?

*update* - just received an email from the landowner confirming that they have contacted PE to cancel the fine, will that be enough or does it need to be a proper letter?

Thanks

4consumerrights

Yes get it in writing from the landowner.

You have got their special Eye01 coercion letter then for their alleged court costs. (tax dedictible or offset against profit/loss)

I would also tell them to stuff it - and include in your letter a breakdown of your own adminstration costs you have incurred to date in dealing with this matter. Point out that court costs are only awarded after a successful court claim and cannot be claimed as the original claim has been nullified. It is also an offence under the malicious communications act to pursue a charge when none exists. Suggest that they issue a further court claim for these costs and you will counterclaim for harassment.

This £50 for court costs incurred is also identical to their alleged £50 solicitors fee (inhouse salaried)- which they refuse to breakdown. In this case the court filing fee has been claimed twice.

Coupon-mad

Can I check - you have submitted your defence in time as well, yes? You MUST or you could lose by default to the tune of £165 or whatever while this separate £50 ridiculous discussion is rumbling on (it is not connected to the small claim and the claim is NOT necessarily cancelled). You can of course add a defence point if you've not submitted the defence yet: ' the client who contracted with this parking agent, namely (Hotel name), who would it seems have been the real claimant rather than ParkingEye, has confirmed that this charge is cancelled so there is no cause of action for this current Claimant as a mere agent of the Hotel, and this claim should be struck out as having no merit nor any reasonable prospects of success. ' {you can't mention the £50 WP offer}.

And just ring the Hotel & ask for a copy of the letter or an email to confirm that they have asked PE to cancel the charge, because 'you are needing to show the court' or something (don't mention the £50 to the Hotel yet, just get an email or letter with an unequivocal 'cancel the charge' on it)!

Oakley2702

Coupon-mad wrote: »

Can I check - you have submitted your defence in time as well, yes? You MUST or you could lose by default to the tune of £165 or whatever while this separate £50 ridiculous discussion is rumbling on (it is not connected to the small claim and the claim is NOT necessarily cancelled). You can of course add a defence point if you've not submitted the defence yet: ' the client who contracted with this parking agent, namely (Hotel name), who would it seems have been the real claimant rather than ParkingEye, has confirmed that this charge is cancelled so there is no cause of action for this current Claimant as a mere agent of the Hotel, and this claim should be struck out as having no merit nor any reasonable prospects of success. ' {you can't mention the £50 WP offer}.

And just ring the Hotel & ask for a copy of the letter or an email to confirm that they have asked PE to cancel the charge, because 'you are needing to show the court' or something (don't mention the £50 to the Hotel yet, just get an email or letter with an unequivocal 'cancel the charge' on it)!

I haven't submitted my defence yet, there is still time to do so, but I thought that I didn't need to as the hotel have cancelled the charge, so am I wrong on that front?

4consumerrights

You must submit your defence - don't trust parking eye or even the hotel who engaged them.

Have you not read about lainiee - she was assured that the range cancelled her charge after court papers were issued so did not submit a defence. Parking eye applied for a default judgment. This is very prominent on this forum and has been overturned - and ordered to popla hearing. She is currently countercaiming for breach of equality act.

Oakley2702

4consumerrights wrote: »

You must submit your defence - don't trust parking eye or even the hotel who engaged them.

Have you not read about lainiee - she was assured that the range cancelled her charge after court papers were issued so did not submit a defence. Parking eye applied for a default judgment. This is very prominent on this forum and has been overturned - and ordered to popla hearing. She is currently countercaiming for breach of equality act.

Oh right, I had not read that. Well I better put together my defence then.

Which is where I may need some help, as per my post on the first page, my defence is weak at best and I'm having trouble knowing what to put, even after reading PP's guide....

4consumerrights

@Oakley2702 - you have mail!

Oakley2702

4consumerrights wrote: »

@Oakley2702 - you have mail!

Sorry, been a hectic weekend, will email you back later, thanks.