Parking Eye respond to my Invoice to them

The_Deep

I suspect that, faced with a court case, they will make you a "without prejudice" offer, subject to a confidentiality agreement.

Fiat offered me payment in full once, subject to a CA, I refused and they then paid anyway. The case is on the internet here

http://www.fiatforum.com/lets-talk-fiat/176974-fix-again-antonio.html

trisontana

It also raises the question of whether PE are agent or principle in this case. Sometimes in court cases they claim the former and sometimes the latter. They don't seem to able to make their mind up . Even their tame legal eagle didn't seem to know the answer in at least one court case.

The_Deep

I once took a letting agent to the SCC when they tried to cane me for delapidations, They shifted blame to the landlord, although it was they who tried to rip me off, I claimed from the landlord who settled out of court. I do not expect he used them again

If PE are trying to shift this onto the landowner they could find that some of their clients may not be too happy.

zaax

Do it on-line at Money claim online
https://www.moneyclaim.gov.uk/web/mcol/welcome

They don't like it up 'em Captain Mainwaring

da_rule

Just sent the following to the land owner:

Good afternoon,

I believe you have responsibility for the Rheidol Retail Park in Aberystwyth. Towards the end of last year I was issued a Parking Charge Notice by your agent; ParkingEye. This notice was not enforceable as it was incorrectly issued and did not conform to the relevant legislation (namely the Protection of Freedoms Act 2012). I appealed this notice to ParkingEye who rejected my appeal out of hand. As part of my appeal I informed ParkingEye that if they did unjustly reject my appeal they would be liable for my costs in taking this matter further. They did reject my appeal, as I said earlier. I therefore appealed to the Parking on Private Lands Appeals (POPLA) body, who upheld my appeal that the notice was incorrectly issued.

I have therefore sent ParkingEye an invoice to cover my costs in defending myself against their unjust notice. ParkingEye have responded to me (obviously disputing liability). One of the grounds on which they rejected the invoice is that they are not liable for the contracts they enter into, you are as the land owner. ParkingEye also assured me in their response to me that they would be passing all correspondence on to you.

ParkingEye have until 1st April to pay the amount owed. As they are claiming not to be liable, and that you may be liable (I would assume as part of your contract with them), then I will be naming you as a co-defendant should ParkingEye not settle this matter. As such please provide me with an address which legal documents may be served.

I would like to also make you aware of the following:
1) As ParkingEye issue unenforceable notices their claim of being a deterrent is completely unfounded.
2) ParkingEye did not (and routinely do not) submit any evidence to POPLA to dispute my appeal, despite them claiming in their response to me original appeal that they were confident of success, again this does not provide a deterrent.
3) Unless your contract with them has any limitation of liability clauses, you are equally responsible for their actions by virtue of vicarious liability.

Thank you for taking time to read this, I hope you can convince ParkingEye to settle this matter so that I do not have to start further legal proceedings against you and them.

Yours,

kirkbyinfurnesslad_2

I love the way parking eye say they have no contractual relationship with you on one hand, yet when they are sueing they claim the oposite

ampersand

That's odd.
Post disappeared.

tbc's awaited with interest , da_rule. Excellent letters.
I, too, have made pe, popla, Uncle Tom Cobley etc. aware from outset that I will reclaim costs. regardless of appeal decisions - so via pe, which will also have the benefit of de-mystifying landowner i.d., or in Court.