Main Landowner Cancelled my Penalty But ParkingEye still asking charges

lhr47

Hi all,

I am much worried and under stress that ParkingEye pushing me in court. Please help me if you can. Please follows below the whole incident:

I have received Northampton County Court Notice on 19th Feb 2015 about the overstay charge in Morrisons Car Parking. I went next day straight to Morrisons and spoke with Manager that I have never received any prior notice from ParkingEye and also there were some reasons on that day which prolong my stay. I told him I am regular customer and showed him number of other receipts in my hand. Anyway the manager cancelled that penalty charge notice and he assured me he will send this to ParkingEye by email and also told me I must have to double check with ParkingEye by phoning them. When I came home, I phoned ParkingEye the customer service lady confirmed that they have received cancellation request from Morrisons. But she cannot do anything I must have to write email to ParkingEye Enforcement team and later on I emailed to ParkingEye Enforcement Team as well as I replied County Court Notice.

After few days I received letter from ParkingEye to settle the matter and they were asking to pay me £60.00 instead £175.00 as they were asking in Northampton County Court Notice. They were also insisting that they have sent 4 notices to my home address before that county court notice. I replied their letter and told them I will not pay any charges as the main landowner already cancelled it due to my solid reasons.

Here I want to tell you guys about the reasons that caused my overstay and also accept by Morrisons Manager.
1- I have some argument at Morrisons till sales lady because I have some coupon and she wasn't accepting that. As that was Sunday and there was long queue on all till. I request to the lady I want to speak with Manager about it. Because I knew that I was right so waited for the manager and that sales lady start dealing with other customers. I left the place and trying to find manager myself and I found her and told her about the issue. She apologized and admit that I was right. But I have to stand again in the queue and lost my time.
2- It was Sunday and long queue on all till.
3- I came with my family, wife and three kids. Older daughter 6 years old got sick and she did vomit. I take care other two kids 3 year old son and one year old daughter. Which also prolonged my stay.

Here I want to mention, I have the copy of cancellation form sent by Morrisons to ParkingEye.

And now on last Friday I received ParkingEye long letter from their legal team and insisting that I have their other four notices prior to County Court Notice. And also with copies of site plans with signage, copy of prior notices etc.

They are saying that main landowner don't have right to cancel the charges if county court notice is issued.

I know I describe bit longer, but I tried my best to elaborate the scenario.

Please help me out. I am new user of this forum and first time writing any post. I am law abiding citizen and it never happened that I overstayed my car park or parked without ticket.

Will wait for your reply.

Redx

one thing I would do is complain to their new CEO DAVID POTTS or Stacey Elsworth or [FONT=Arial,Sans-Serif]Lorraine Dickinson[/FONT] about this (details in the sticky threads)

like this one https://forums.moneysavingexpert.com/discussion/5188699

if this went to court, if you have it cancelled IN WRITING then I would think the judge would throw it out due to "no standing"

never mind the fact that the Beavis case judgment is due very soon

get an email off to the Morrissons customer service asap

also tell them this is why they are losing customers , left right and centre

the Morrissons near me is free, has no parking company employed at all and no problems, plus its in greater manchester too (ie:- in England)

waamo

They try this on regularly. There have been several posters that have received this kind offer. So far it seems PE have backed down when it has been declined.

trisontana

And they wonder why companies such as Parking Eye are held in such contempt. Please be assured lhr47 that you have not broken any laws. You have just fell foul of this blood sucking company.

The_Deep

If you were delayed at the check out/service desk, I do not see how PE could hope to convince a judge that you have broken a parking contract.

Unlike PPCs and PoPLA, County Court Judges are able, and willing, to consider all the facts, including mitigation, and an overstay caused by the delay at the check out, and their willingness to cancel, bodes ill for PE.

If they took this all the way I would be very surprised, especially if you called someone from customer services as a witness.

lhr47

Thanks guys for your supportive and helping words.

I am preparing a detail reply for ParkingEye.

I will really appreciate if you have any further advise, then I will add those in my response to PE. I don't know the terminology used by solicitor, I am writing letter by my own in simple words.

One more Qs:

How should I have to contact them? directly or via court. I am just confused about it.

Umkomaas

I think you have to brave this out. It's a case of 'who blinks first'.

My view would be 'let's see what a Judge makes of this - serve court papers, let's get it on!'. Only the landowner (Morrisons) has locus standi and they have cancelled this, therefore PE has no further part here.

Stay wide-eyed and stare them down!

hoohoo

I haven't seen anywhere that you have filed a defence.

Do this before the ticking clock expires, or parkingeye will ask for, and get, a default judgment.

Start by acknowledging the claim, then either research a defence, or whack in the one from the pranksters web site.

Dr._Shoe

Is it an actual court notice or just one of their phonies?

I would take down the court and find out if it were me.

waamo

If it's Parking Eye the court papers are real.

Umkomaas

Dr._Shoe wrote: »

Is it an actual court notice or just one of their phonies?

I would take down the court and find out if it were me.

With over 30,000 (real) court cases filed in 2014, PE don't mess about with fakes - they leave that to the jokers in the pack, like ANPR Ltd.

As hoohoo asks, has a defence been filed? If not, perilously close to a default judgment against the OP.