Parking Eye respond to my Invoice to them

da_rule

So, after winning a POPLA appeal against ParkingEye I sent them an invoice to cover the cost of me defending myself against their unfair and unjust PCN. Today I received a response from them saying that they reject such claims out of hand, and that my correspondence has been passed to the landowner (not sure if that was supposed to be some sort of veiled threat). They also claim that as a management company they only have contractual obligations to the land owner. I'm sending the following reply:




Thank you for your letter dated 12th March 2014.


I note that it is your intention not to pay the invoice I served on you (dated 28th February 2014). I note that you have rejected this on the basis of there being no contract formed. As I set out in the invoice, a contract was formed at the time when you unreasonably and unjustly rejected my appeal. I made it clear to you in my appeal that should you reject my appeal then you would be liable for my costs should I appeal the matter further and win. You rejected my appeal and have therefore entered into a contract with me by your actions. In terms of you being only a management company, you are an incorporated company with your own legal identity and as such you are able to enter into contracts and then be held responsible under the terms of those contracts. If you wish to dispute this then you must admit that you are unable to enter into contracts which would mean that you could not issue Parking Charge Notices for breach of contract.


As you are aware I then appealed to POPLA, on the same grounds as my appeal to you. POPLA upheld my appeal, and I note that you didn’t submit any evidence to the appeal, which is becoming a trademark of ParkingEye. You therefore made me waste time appealing a matter you had no intention of fighting. As this appeal was accepted, and the grounds were the same as the grounds I presented to you, it would therefore be reasonable to say that your rejection of my appeal was unjust and unfair.


I am confident in the existence of the contract, which you entered into by action. Therefore if payment of the original invoice amount is not received on or before the 1st April 2014 (the payment deadline as set out in the original invoice) then the next step will unfortunately be a claim to the County Court for breach of contract.

spacey2012

What is good for the goose is good for the gander, give it a go see how they like it up em.

ColliesCarer

Love it !!!!!!!!!!!!!!!!!!!!!

da_rule

I'm not sure whether I should throw in some sort of sentence about being happy for them to pass all correspondence to the land owner so they can see hoe ineffective ParkingEye are and how they breach the POFA. After all, they are, by the look of it trying to claim some sort of vicarious liability (i.e. the land owner is responsible for their actions).

Stroma

I'm doing the same to Vinci though I'm still waiting for them to decide what they want to do. And as roxburghe are involved as they handle this for them under paymypcn garbage they sent me a right snotty letter saying they will defend it if I make a claim. So I sent them an invoice in reply lol

spacey2012

It would be up to them to counter claim from the land owner

The_Deep

Are you actually going to take them to court if they ignore you, if so, who gets to choose the court?

Stroma

You get to choose as they are a company, so it will be a court near me. I will take them to court if they pursue this further, and I win I have a major bombshell to drop on them as they weren't even supposed to ticket me on the first time.

da_rule

spacey2012 wrote: »

It would be up to them to counter claim from the land owner

Or they could join the land owner as a Part 20 defendant.

da_rule

I've added the following:


I welcome you showing this, and all other correspondence on this matter to the land owner for the following reasons:

• It will illustrate how ineffective you are. You do not offer a deterrent as you do not contest the money you claimed to be ‘owed’ when an appeal is made to POPLA.
• POPLA has found that, in my case, as well as others, you have incorrectly issued Parking Charge Notices. These notices are not compliant with the Protection of Freedoms Act 2012. It is therefore only fair that the land owner be made aware of your non-compliance.
• Your appeals procedure is flawed and unfair. I issued an appeal with multiple points, yet your response to this is a standard letter which addressed one of these points, and even that was addressed in a less than competent manner. If you were confident in the fairness of your appeal process then you should be confident that POPLA will reach the same decision as you do, which they don’t.
• It appears that you are trying to pass liability onto the land owner, it is therefore only fair to notify him of this.

Iceweasel

spacey2012 wrote: »

What is good for the goose is good for the gander, give it a go see how they like it up em.

They don't like it 'up em'.