Court claim no other letters!!

old_dinosaur

Grateful thanks Coupon-mad and Redex
Combind your thoughts into a second email to Principal but.....
No response!!!!!!!!!!!!!
1.Email to Rachel Ledson 4 days ago has produced nothing, well I suppose she could be on holiday! Do we carry out threat and go to the Law society and report her?
2.I feel the original email from CEO office stating PE had cancelled but would continue if WPO not paid maybe isn't good enough to go with the DQ which is due in this Friday. Second email pressed for clarification that the Principal had cancelled totally but Ceo office have responded yesterday saying Manager away back next week, which isn't alot of help as urgently need this clarification.
3.Should we fill in the DQ agreeing to mediate to bide time? Ask here for POPLA as no opportunity in first instance
4.Re-Track do we tick the No box for thequestion- Do you agree that the small claims track is the appropriate track for this case- citing that we want POPLA?
Thank you in advance for any support and info

Coupon-mad

How to complete the DQ is answered in post #5 of the Newbies thread in a link to bargepole's advice. It's one of the first links in post #5.

I feel the original email from CEO office stating PE had cancelled but would continue if WPO not paid maybe isn't good enough to go with the DQ

You can't refer to a WP offer in court defence or evidence. It the letter was headed 'without prejudice save as to costs' then it's separate from the claim and can't be used or referred to by you in court. (Google 'without prejudice offer').

As for Morrisons did you email 'Stacey whatshername' as mentioned in this thread post #3:

Successful complaints about private parking tickets - how to get them cancelled!


HTH

old_dinosaur

Thanks Coupon -mad
Yes have emailed Stacey 3 times with strong words and response intially was PE said they'd cancel but Stacey obviously didn't understand WPO (see email in a previous part of this post) as said they were owed costs. Have put her right on the intials and added strongly worded cancelled is cancelled etc as per thoughts on this from yourself and others.
Need her to email and clarify that Morrisons asked PE to cancel and that they agreed. Have emailed her other staff as she's away but they say wait til she's back. So annoying as this should be easily sorted. Yes have read about DQ and know that thoughts are not to mediate but need to stall for time until Stacey returns.
Perhaps should re email PE Rachel Ledson asking where her response is?
Driver is now thinking of offering £15 to settle!

Coupon-mad

You can certainly include an email that just says 'Morrisons want the charge cancelled' as part of your evidence. Plus the fact that in the contract there is likely to be a 'genuine customer exemption' that PE kept hidden so you and the driver never knew about this clause, look I wrote it out here a while back and this could form part of your defence which goes to the court after you get a hearing date and 'filing date':

https://forums.moneysavingexpert.com/discussion/comment/64812223#Comment_64812223

And yes you could indeed email both Morrisons and ParkingEye to offer £15 to settle (of course, mark an offer: 'without prejudice, save as to costs offer' in the subject line so PE can't use your offer as evidence of any admittance of liability). You could say to Morrisons & PE you now know there's a secret 'genuine customer exemption' clause in the contract but that consumers are kept in the dark about it which is a breach of the UTCCRs 1999 and CPUTRs 2008. As such Morrisons is liable for the actions of their agent and if they do not accept your offer without prejudice, to pay £15 in good faith then you are minded to sue Morrisons if their agent proceeds and you suffer loss. Neither firm can breach Unfair terms regulations with a 'misleading omission' of an exemption clause that would have seen the stupid PCN cancelled within days. Ask Morrisons to consider their position carefully and if the recipient does not understand the implications of refusing this resolution and perfectly fair offer (seeing as PE have only incurred a £15 court fee over and above their normal minuscule 'costs' like a £2.50 DVLA fee, which occur in every PCN case) then you suggest that Morrisons consult their Legal Dept. before responding but that you require a final answer within seven days.

old_dinosaur

Hi thanks again for the wondrous revelation "genuine customer exemption" just what I needed to fuel the next email. Was so incensed with the response today as the 2nd in command obviously emailed PE and got the usual they've got a WPO and if paid PCN will be dismissed. Email tonight was extremely stern and demanding that if the 2nd in command had the authority she should stand up for the Principle and ensure total cancellation. Will await outcome and fill in the dq as suggested and will add the email with the first line-"I have spoken to PE and they have confirmed the PCN has been cancelled" as can't add the bit about the WPO as not accepted in Court anyway. At least this will bide time until the Manager of Morrisons legal dept returns next week. May then go down the route of a counter offer.

Coupon-mad

That's good. By the way, since I wrote that info out about the 'genuine customer exemption' (which we know exists, not in the contract but in the actual 'User Manuals' held by some or all retailers PE conduct their dubious 'service' for) I don't know that anyone has put those facts in front of a Judge in a court hearing, but I see no reason why not.

Consumer law is clear IMHO - as an armchair lawyer/forum guru! - that the party who would be likely to 'suffer detriment' by being kept in the dark about a relevant clause in a contract which affects them, has suffered from a 'misleading omission' (as defined in the CPUTRs 2008). Breaches of the CPUTRs 2008 are unfair terms and are unenforceable, so it would follow that a misleading omission cannot possibly be withheld from a customer who then suffers direct loss as a result.

After all, both Morrisons and Parking Eye have had all these opportunities to draw the clause and exemption to the attention of customers:

- in PE's signs on site
- in Morrisons signs
- in signs at the CS desk in store
- in signs at the till
- on a leaflet in store
- flyers on windscreens
- on the receipt
- on the Notice to Keeper (I know you didn't receive one)
- on the reminder PE send (" " ")
- in any Letter before County Court Claim

All those chances for them both to tell those genuine customers:
'Did you park here today? We want your shopping experience to be hassle-free, so don't worry if you get sent an automatic parking ticket if you accidentally overstay - just see the CS desk staff with your receipt. If you drive to our store and are likely to need longer than the time limit in future, perhaps due to age, infirmity, injury or a disability, or pregnancy or if you are parents with young children, please tell the staff and ask about possible exemptions in special circumstances, at the CS desk.'

...Better still, tell us you didn't deserve this intimidating treatment and we'll listen to our customers and scrape the parasites off {oh wait, that was my wishful thinking!}.



Flippin' easy, Morrisons (or Aldi, Asda, Tesco, Sainsburys, The Range, retail parks, etc.)!

But no, you have exposed your customers to being SUED and now you expect them to PAY £60 or more for that scary insult, because PE bleat THEY are out of pocket???

Who gives a s**t about PE? Whatever happened to customer service??

Whatever next, asking customers who accidentally spill something to pay £60 for Madge the cleaner to get herself a new pair of leather shoes as she stepped in it?

Or how about £60 compensation due to Fred the Security guard as he missed his favourite programme on TV when a customer dawdled a bit on a Sunday and was the last to leave the store at 4.30??

Another example of 'blame culture' Britain, along with ambulance chasers and PPI reclaim firms et al. I hope PE spectacularly lose the Beavis case and get this rip-off exposed for what it is.

old_dinosaur

:j Quashed at last before Court. Typical like buses you wait for ages and 2 come along together, which is what happened as received email from CEO at Morrisons, a month after letter sent, stating the cancellation of the PCN, 24 hours after the Head of Estates had confirmed that PE had been told to cancel PCN and WPO, this was after 3 emails to their legal dept. the last one being a choice piece sent in anger about their scant disregard for disabled customers and quoting advice from the posters on this site. This has taken 3 months of long hours trawling sites such as MSE to glean info from the pros, therefore can only say an enormous thank you to all you fantastic people helping newbies like us, responding to our questions and pointing us in the right direction with sound advice. Without your support my daughter, suffering from TB, would have had to face Court.
Gold stars to all please keep up your brilliant work. Thanks.

Redx

well done m8

PE PCN = Persistance Eventually Pays , Cancellation Nonlegal

Coupon-mad

old_dinosaur wrote: »

:j Quashed at last before Court. Typical like buses you wait for ages and 2 come along together, which is what happened as received email from CEO at Morrisons, a month after letter sent, stating the cancellation of the PCN, 24 hours after the Head of Estates had confirmed that PE had been told to cancel PCN and WPO, this was after 3 emails to their legal dept. the last one being a choice piece sent in anger about their scant disregard for disabled customers and quoting advice from the posters on this site. This has taken 3 months of long hours trawling sites such as MSE to glean info from the pros, therefore can only say an enormous thank you to all you fantastic people helping newbies like us, responding to our questions and pointing us in the right direction with sound advice. Without your support my daughter, suffering from TB, would have had to face Court.
Gold stars to all please keep up your brilliant work. Thanks.

Great news - just shows that Morrisons CAN get PE to cancel tickets when at Court stage, without any WP offer/bribe/rip off having to be paid. Do you fancy showing Newbies a summary of what sort of complaints you sent, the wording that worked? Not all court claims are cancelled so your result is useful for others.

old_dinosaur

Thanks Redx and Coupon-mad. We did email Rachel Ledson twice after one suggestion of refering her to the Law Society but heard nothing, so think this this may not now work. Think that because my daughter had a medical condition and we went down the Equality Act route when we contacted Morrisons CEO and Legal/Estates dept they were concerned about their name being linked with unfairness to the disabled. Am happy to post the letters/emails sent if you can tell me where/how to put them onto the Newbies thread. As per Pepipoo suggestion we also may request compensation from the Company, so this might not yet be quite finished as my daughter, rightly so, has not used the car park and Morrisons store/petrol station since the Court letter appeared, as she says that 90 mins is not enough time for her to park, shop ,queue at the pharmacy and get fuel, so they have lost her as a customer, unless their time limit changes considerably.