Parking Eye Claim form received due to exceeding time in free car park

Pop_queen

Just a quick question. Do you think I have left it too late to write to the retails parks manager to try over turn the charge as PE have issued proceedings?

da_rule

Pop_queen wrote: »

Just a quick question. Do you think I have left it too late to write to the retails parks manager to try over turn the charge as PE have issued proceedings?

It is never too late for this (well on the day of the hearing may be late). At the least if you can get some agreement to cancel the PCN and ParkingEye continue the case you would have some evidence that they are continuing without their clients permission.

Just get the claim acknowledged so it gives you a bit more time to play with.

Pop_queen

Thank you to all.

I have now acknowledge the claim on line and are making enquiries to contact the retail park manager.

I will then issue a letter to the retail manager in a hope that they will retract the charge. I will also send a letter to parking eye and ask them to retract their charge, I'm assuming they will probably respond with a no but will provide a popla number??

da_rule

As the matter is now at court I would avoid contacting ParkingEye except where you need to in order to comply with the court rules. You can make the offer that they deal with the matter through POPLA as part of the defence when you submit it.

Coupon-mad

Pop_queen wrote: »

Just a quick question. Do you think I have left it too late to write to the retails parks manager to try over turn the charge as PE have issued proceedings?

Yes and no (never too late). You should also read plenty of other PE cases on here where the thread title says 'Northampton' or 'court claim' - go back LOTS of pages on this forum or even better, on pepipoo here which is littered with PE claims, advice and outcomes! Spend a couple of hours reading lots of threads with the giveaway thread title:

http://forums.pepipoo.com/index.php?showforum=60

Please do lots of reading of other cases, I normally say on pepipoo that posters should go back at least a dozen pages clicking on every relevant thread about PE/Northampton small claims court. The point being you will then see all the pepipoo advice and links (use them, learn from them) and you'll have seen for yourself what happens - including the fact that if a person complains to the CEO of the retailer (right to the top) sometimes they will get PE to cancel. Alternatively, sometimes the retailer/Centre manager will try to get it cancelled, and PE then write some old drivel begging letter for the £50 or £75 'costs'. Then you either negotiate offering £20 if you must - or like most people, say 'no deal' and complain again to the retailer top banana, why should you be out of pocket etc. and carry on defending.

As it's a retail park try LOTS of potential CEOs even if you have no receipt from that particular day. NOT just the place where you had a meal! Try national chains, get the CEO's email and send the same complaint off, also Google the name of the retail park and find out who runs it and they get the same complaint.

Don't forget to start with post #5 of the NEWBIES thread, read all the links there first and we recommend you get a copy of the Prankster's guide.

Pop_queen wrote: »

I will also send a letter to parking eye and ask them to retract their charge, I'm assuming they will probably respond with a no but will provide a popla number??

Yes you should write to PE but not until you've got your head around what to write (also you are better getting into email dialogue with them - not letters). And nope, they will not send a POPLA code but that's not the point - the point is merely that you demand one and try, so you can show your Judge later that you attempted to resolve it via the most suitable ADR and PE refused.

You haven't read enough PE small claims threads yet. You need to 'get it' by reading lots of threads before you defend it and BEFORE you email to rattle PE's cage.

Redx

Pop_queen wrote: »

Thank you to all.

I have now acknowledge the claim on line and are making enquiries to contact the retail park manager.

good , excellent idea

Pop_queen wrote: »

. I will also send a letter to parking eye and ask them to retract their charge

you could do this but I doubt they will do so

Pop_queen wrote: »

I'm assuming they will probably respond with a no but will provide a popla number??

I am assuming they will respond with a definite no

I also do not believe they will issue a popla number as this would not be in their interest to do so at this stage, forcing them to do so by asking for it as an ADR is a good defence , maybe a judge will direct them to do so, but of their own free will ?? , I think not as they have no compunction to do so , they would prefer not to unless its somehow forced upon them

the time to have contacted them and got a popla code was in the first 28 days after you received the pcn, they would have had no choice back then

Pop_queen

Yesterday I spoke to the manager on the retail park. I explained the situation and without much persuasion they have agreed to cancel my charge. I drove 45 miles to the store yesterday to provide them with all letters received from parking eye which they took photocopies of. They stated they have a lady whom specifically deals with the fines and assured me that this will be dealt with.

Was just wondering- should parking eye therefore cancel all proceedings upon receipt of the retailers instructions? If for any reason they fail to cancel the fine would it be sufficient to just base my defence upon the fact that they are proceeding with action against the retailers wish?

Redx

FINE ? , you mean parking charge invoice , thought you would have known this by now

hopefully PE will cancel but as they have paid out money they may not , so keep copies of any letters from the landowner but carry on defending your clkaim until a proper cancellation is forthcoming from PE or the court

do not assume its cancelled , otherwise a default CCJ could follow

so defend until you dont have to

yes those cancellation letters from the landowner are good for the defence

good luck

Coupon-mad

Pop_queen wrote: »

Yesterday I spoke to the manager on the retail park. I explained the situation and without much persuasion they have agreed to cancel my charge. I drove 45 miles to the store yesterday to provide them with all letters received from parking eye which they took photocopies of. They stated they have a lady whom specifically deals with the fines and assured me that this will be dealt with.

Was just wondering- should parking eye therefore cancel all proceedings upon receipt of the retailers instructions? If for any reason they fail to cancel the fine would it be sufficient to just base my defence upon the fact that they are proceeding with action against the retailers wish?

If you read plenty of other PE Court case threads on here and on pepipoo forum where there are HUNDREDS:

http://forums.pepipoo.com/index.php?showforum=60

you'll learn that they will likely write to say they'll only cancel the claim if you cough up £50 or £75 or whatever they've decided their admin costs are today. You must still defend the claim and it would be MADNESS not to research a proper full defence when you've been given links & advice where to get exactly that, just for the sake of a day or two's reading up on it all. This isn't about relying upon the easiest option and hoping it works, this is PE and there are so many threads you could learn from. I did already point all this out in the post I made before.

It would be a rare case where PE just discontinued a court claim without trying to squeeze money out of someone. But if you don't defend it properly then you are leaving yourself open to losing by default.

jackiemawr

Guys_Dad wrote: »

From whom does this letter come? Is in Northampton County Court or is it still from PE or their solicitors.

Very important,

I had a claim form from Northampton county court today, I have also binned all letters that came before as I understood they were illegal, now worried, awaiting operation, what should I do, please help.