Court claim no other letters!!

Coupon-mad

We know what you will get in the post next - a 'without prejudice' letter from PE 'offering' to settle for anything between £50 and £80. You'll know that already, I hope, from reading the other PE court cases on this forum or pepipoo. No-one with a court claim should post in splendid isolation on their own thread; no case is unique and this has all been seen, discussed and 'coped with' before, very robustly, by other posters who have already come out the other side.

Search the forum and read...then search pepipoo private parking forum and read even more cases, as they have loads more than we do! The WP letter is a PE tactic discussed here an don pepipoo forum all the time. No-one pays. Obviously when you get that 'offer' you'd be straight back on to Stacey 'Whatshername' at Morrisons - the name of the lady who sorts these out sometimes, as shown in the other sticky thread I wrote: 'Successful complaints about PPCs' (post #3 of it gives up to date names for who to complain to, depending upon the retailer). That sticky is among those collated by Crabman near the top of the forum.

And as for the DQ, how to complete that is shown in the Newbies thread post #5 among the links. And another link there tells you how to follow it with a request for a 'stay' of the claim for POPLA instead (if you are lucky, as you would win) or a 'stay' for the Beavis case outcome at the Court of Appeal. Again as discussed on all the other PE court claim threads here and on pepipoo. Loads to read so you are ready to win one way or another - a hearing is the last resort to sort this out.

old_dinosaur

Hi all
Firstly apologies if my thread is not the correct place to keep responding, am technologically challenged. Do I start a new post each time?
Just visited PE payment site and claim now been downgraded to £60!
Now have all info could mediate but even this amount is outrageous.
Am assuming their costs are one pack of bumff bout £1.65, one CCC letter 62p, DVLA info about £3, not sure how much submission of documents to Court costs if it's the £25 on CCC. So should I offer £30 as that's what a council parking fine would amount to?
Will carry on reading up on your site as my daughter is struggling to cope with illness and the hours we've trawled the internet for info is also taking it's toll, so very tempting to mediate and make this offer.

Redx

you use REPLY and keep posting in this one thread to keep it neat and tidy and all in one place , it helps to see what has happened up until the new post, so no new threads unless its about a new separate unrelated issue

just hit reply like I just did

good luck

Coupon-mad

old_dinosaur wrote: »

Hi all
Firstly apologies if my thread is not the correct place to keep responding, am technologically challenged. Do I start a new post each time?
Just visited PE payment site and claim now been downgraded to £60!
Now have all info could mediate but even this amount is outrageous.
Am assuming their costs are one pack of bumff bout £1.65, one CCC letter 62p, DVLA info about £3, not sure how much submission of documents to Court costs if it's the £25 on CCC. So should I offer £30 as that's what a council parking fine would amount to?
Will carry on reading up on your site as my daughter is struggling to cope with illness and the hours we've trawled the internet for info is also taking it's toll, so very tempting to mediate and make this offer.

Hate to say I told you so - did you read my reply above yours? You were ready for this then...surely? I have already given you advice about this stage.

old_dinosaur

Hi yes thanks have read and read and read so many threads on several sites and I have copied and pasted and have filed them appropriately and as you predicted today received letter from PE after CEO office got in touch with them.All blurb about you should have responded and we would have assessed and attempted to resolve at no further cost- as demonstrated by multitude of accepted appeals of similar nature, I doubt.
Anyway long and short is that on the reverse of the letter is the following:-
"As this has now proceeded to further action, in the form of a CCC, we now require you to pay the costs associated with this, these costs total £60. This is the direct cost associated with taking further action. We do this on a without prejudice basis (save as to costs) and must warn you that if this remains unpaid within the next 7 days, the claim against you will remain. Should this matter be settled in Court, PE firmly believes that all of the associated costs will be found to be owed by you, especially as PE gave you ample opportunity to appeal this parking charge."
1. No opportunity as non receipt of initial letters, post in our area is appalling so much posted out or to us never arrives.
2. Not sure how they get this figure as on the CCC it's £85 overstay charge, £50 in house Rachel Ledson costs and £25 court fee, so none of these add up to £60.
3. Have they paid the court fee up front and can they retrieve it if they quash the claim? and if so can we reclaim our money!!!
4. Have re emailed CEO to have it in writing that I believe PE were asked to remove claim if no email will phone on Monday
5. Have DQ to fill in shall I tick to mediate
6.Surely this letter pertains to blackmail - you give us some money, we'll cancel!! Looks like they've already been told to cancel, else why would they reduce it by £100. Perhaps they think chance of court win is diminishing.
7. Perhaps could send letter offering say £15 as without prejudice, as if court win will be claiming costs for all the time taken to trawl legal paperwork etc
I think I'll prepare a letter thanking PE but rejecting their "kind" reduced offer.
8. Does 7 days start from the day they dated their letter or when I received it?
Thanks for any support on this ridiculous matter

Coupon-mad

1. No opportunity as non receipt of initial letters, post in our area is appalling so much posted out or to us never arrives. Oh dear!
2. Not sure how they get this figure as on the CCC it's £85 overstay, £50 in house Rachel Ledson and £25 court fee, so none of these add up to £60. Who knows?!
3. Have they paid the court fee up front and can they retrieve it if they quash the claim? They'll have paid about £15 or £20 and can't reclaim it.
4. Have re emailed CEO to have it in writing that I believe PE were asked to remove claim if no email will phone on Monday. I would - and be assertive!
5. Have DQ to fill in shall I tick to mediate? No, you don't want court mediation which is basically trying to get you to settle to pay something.
6.Surely this letter pertains to blackmail - you give us some money, we'll cancel!! Looks like they've already been told to cancel, else why would they reduce it by £100. Perhaps they think chance of court win is diminishing. Absolutely spot on.
7. I think I'll prepare a letter thanking PE but rejecting their "kind" reduced offer. I would - but you can email it [EMAIL="enforcement@parkingeye.co.uk"]enforcement@parkingeye.co.uk[/EMAIL]
8. Does 7 days start from the day they dated their letter or when I received it? Who knows?!

old_dinosaur

Hi again. Have just received this from CEO office, not sure if they understand that a WPO pertains to blackmail and will send an email to PE about costs. Think someone here or on Pepipoo site suggested sending a copy of the email with the DQ to the Court as if continue with the case a judge would throw it out as wasting valuable time when the Land owner has asked for charge to be cancelled. Here's the CEO response-
"I have spoken to Parking Eye and they have confirmed that the PCN has been cancelled, however as it has got to such a late stage additional costs have been incurred. Parking Eye have issued you with something called a WPO which is a reduced amount however this will prevent this incident from going to court and prevent your daughter from receiving a CCJ."

Coupon-mad

They are useless. Why do they think you should pay a penny - look, show Morrisons this link - this is how a landowner should deal with ParkingEye:

http://parking-prankster.blogspot.co.uk/2014/08/british-airways-pension-trust-force.html

Savills explained that "ParkingEye won't be happy but they are working for us and they have to do what they are told."

One more push from the CEO of Morrisons and PE will drop it. They're fishing for something which the CEO needs to quash. Cancelled means cancelled, you should say and why the hell should a driver who has medical conditions which slow them down, be subjected to detriment of a penalty for shopping? Apart from anything else if the driver/passenger meets the definition of disability (Google it) this treatment is ILLEGAL. And Morrisons remain liable for the actions of their agents.

Morrisons deserve a ''forum guru's'' Facebook debacle like the Aldi one - lots of Morrisons customers seem to be being sued now.

Redx

agreed, mention that if this isnt dropped asap at nil cost you are looking into a counter claim MCOL under the EQUALITY ACT 2010 against both PE and Morrissons and only a total cancellation (cease and desist) is good enough to settle this matter , otherwise you will be claiming for £500 plus costs due to the distress and harrassment caused which is the minimum under the settlements due to the act

Umkomaas

Morrisons deserve a ''forum guru's'' Facebook debacle like the Aldi one - lots of Morrisons customers seem to be being sued now.

I agree. On the subject of Aldi, I've yet to see any court papers being issued to (ex!) Aldi customers who have not jumped to PE's crack of the whip.

Suggests Aldi have a clause in their contract that Morrisons failed to build into theirs. Crazy error!