Main Landowner Cancelled my Penalty But ParkingEye still asking charges

lhr47

It's real court notice. I have already replied/defended their court notice and to them directly. after that they offer me to pay £60.00 before in court notice they were asking me to pay £175.00.

Now they sent another letter through their solicitor and claiming that main landowner don't have right to cancel the penalty if legal action already taken, it's PE who reserve the right to cancel any charges.

Secondly I am confused how i have to response, i mean how should I reply to them? If I have to contact/write them via court then i have to court fee? What's the procedure for that?

In the previous Northampton County Court Notice, there was some login detail and defended the county court notice through their online system well in time.

After that they offer me to pay £60 but i refused to pay because Morrisons already cancelled that charges and I have proof of that. And PE are also admitting it, but they are saying in their recent letter that Morrisons don't have right to cancel it.

lhr47

Umkomaas wrote: »

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.

Yes I have already defended county court notice via their online system. After that PE offer me to pay £60 but I wrote them again and request them plz withdraw any claim on my name as Morrisons already cancelled it.

Day before yesterday (Friday), I received another letter from PE and they are saying I have to correspond with them though court now.

prowla

So, to clarify:

• PE do not own (or lease) the land; they operate the parking on behalf of their customer (the store).
• The customer has instructed the OP and PE that they should withdraw the charge, and confirmed this to the OP in writing.

Which then leads to the question: in whose name are PE acting in pursuing the charge?

waamo

Demand to see Parking Eyes contract with the landowner. If they say they don't have a contract with the supermarket then they need to show they have a contract with someone.

bod1467

Ask to see PE's contract with the landowner, and to highlight where in that contract it conveys the right for them to pursue claims in their own name where the landowner/leaseholder has instructed any claim to be cancelled.

esmerobbo

Is it an exclusive car park or is it a multi occupancy car park? PE's contract may be with a landlord if it is the latter.

nigelbb

lhr47 wrote: »

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

There is a clause that we have seen in PE contracts that states the landowner cannot order PE to cancel once court papers have been issued. I doubt that this is actually correct in law as whether or not PE accept the cancellation they cannot have locus standi if the principal has cancelled the charge.

Coupon-mad

The most important thing is to concentrate on learning how to win the court claim. Read the Parking Prankster's Blogs about how to defend a PE claim (it is not just about filing a defence like you already have, there is paperwork to be done next with the Court and you have to prepare a full defence 'bundle' and a witness statement.

Also read post #5 of the NEWBIES thread, .

lhr47

nigelbb wrote: »

There is a clause that we have seen in PE contracts that states the landowner cannot order PE to cancel once court papers have been issued. I doubt that this is actually correct in law as whether or not PE accept the cancellation they cannot have locus standi if the principal has cancelled the charge.

Really? I don't know about it.

What should I need to do now?

I am just coming from Morrisons and met with manager again. He's really helpful and told me better to speak with head office. He put me through to head office from store's phone. I spoke with customer service and told him about the whole issue. I told him it happened first time as I am regular customer. He told me if it is first they'll withdraw the penalty charges. He gave me case reference number and took my detail as well.

He also told me I have to contact PE and let them know about it, so the matter wouldn't go further.

I will phone PE tomorrow, let's see.

Meanwhile I have also prepared witness statement.

Grimble

Never phone, always write to PPC's.