PARKINGEYE ARE CROOKS (please help!)

Nileonfire

I'm being taken to court by the villans that are parking eye, I stayed in one of their carpark for 25 minutes over the 2 hour limit, but only because I arrived there at 19:11 and left at 21:36 (everything there shuts at 20:00, meaning the all of the shops in the area had shut 1 hour and 35 minutes before I left! There's nothing on their signs that says the parking restrictions are in effect 24 hours a day, and if the shops were shut then there's no way they could have been at any loss by my overstaying. I intend to defend my case, but was hoping for any advice from you money saving experts out there as to how much of a chance I have of actually winning this case, and what I should put into my defence
I have photographs of the signage, but no receipts from the day in question.

I have read the **newbies** thread and have been following their advice from the start, however my appeal to POPLA was never registered (I have no idea why, as I went onto the website and filled out the forms) and sent this letter via post & email in response to the LBCC I received:

'ParkingEye Ltd
Legal Department
PO Box 565
CHORLEY
PRO 6HT

25/10/2015

Dear Sir/Madam
(I am sending this letter via email as I have not had any confirmation of your receipt of its paper copy, sent on the above date)

ParkingEye Ltd v Nile M Ateem
561675/576968
Proposed Legal Proceedings


Thank you for your letter of 08/10/2015.

First, the alleged debt is disputed and any court proceedings will be vigorously defended.

Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.

Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action conduct

I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

PLEASE NOTE, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

I trust this will not be necessary, and look forward to receiving a FULLY COMPLIANT letter before claim in due course.

Yours faithfully

Nile Ateem'


This also generated no response, and the next thing I received was the claim form from the nottingham! I have proof that the email was sent before my 14 days was up but not the letter, and cant find any reference to the popla stage in my emails so will have to look through paperwork for that

AdrianC

Did the signs say they weren't in effect 24hrs/day?

I'm not sure what grounds you think you would have to appeal, especially since you admit that you were parked there for longer than the allowed time. Whether the shops were open or not is irrelevant.

The fundamental concept of whether they have a sound legal basis on which to ask you for payment have been well established in several court cases, and the amount of the payment has been deemed reasonable - without any loss having to be shown. Basically, it is perfectly legal for a landowner to employ an agent who uses these perfectly legal methods to restrict parking on private land.

You have an easy way to avoid receiving the demand for payment - park in accordance with the signage.

Pay up before other costs start to accrue.

peter_the_piper

Ask the mods to move this thread to the parking section, it could be missed by the helpful guys on there.

RichardD1970

Go here, http://forums.moneysavingexpert.com/forumdisplay.php?f=163

read this thread **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

(yes all of it ), then post a new thread on that forum if you need more help.

Nileonfire

I'm being taken to court by the villans that are parking eye, I stayed in one of their carpark for 25 minutes over the 2 hour limit, but only because I arrived there at 19:11 and left at 21:36 (everything there shuts at 20:00, meaning the all of the shops in the area had shut 1 hour and 35 minutes before I left! There's nothing on their signs that says the parking restrictions are in effect 24 hours a day, and if the shops were shut then there's no way they could have been at any loss by my overstaying. I intend to defend my case, but was hoping for any advice from you money saving experts out there as to how much of a chance I have of actually winning this case, and what I could put into my defence
I have photographs of the signage, but no receipts from the day in question.

EDIT: I have read the **newbies** thread and have been following their advice from the start, however my appeal to POPLA was never registered (I have no idea why, as I went onto the website and filled out the forms) and sent this letter via post & email in response to the LBCC I received:

'ParkingEye Ltd
Legal Department
PO Box 565
CHORLEY
PRO 6HT

25/10/2015

Dear Sir/Madam
(I am sending this letter via email as I have not had any confirmation of your receipt of its paper copy, sent on the above date)

ParkingEye Ltd v Nile M Ateem
561675/576968
Proposed Legal Proceedings


Thank you for your letter of 08/10/2015.

First, the alleged debt is disputed and any court proceedings will be vigorously defended.

Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.

Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action conduct

I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

PLEASE NOTE, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

I trust this will not be necessary, and look forward to receiving a FULLY COMPLIANT letter before claim in due course.

Yours faithfully

Nile Ateem'


This also generated no response, and the next thing I received was the claim form from the nottingham!

Redx

court is a lottery, made much harder by the fact that Barry Beavis lost his case in the Supreme Court last week

so 3 courts, I think its 11 judges and 2 or 3 QC`s later and he failed, yet you ask us if you can win ? good question , impossible to answer

read post #5 of the Newbies sticky thread, that deals with court cases

with a good defence and proof of failures by PE then you may have a chance, or if the landowner is on your side

but if BB failed 3 times, what chance have others got ? difficult to say so no point in answering the question

good luck with your case, I hope you win, so come back and let us know, win or lose

ps:- nobody is going to write your defence for free, but check parking pranksters book

Crabman

I've moved this to the Parking sub-board

Redx

its on here too

https://forums.moneysavingexpert.com/discussion/5358813

threads need merging

Coupon-mad

Nileonfire wrote: »

I'm being taken to court by the villans that are parking eye, I stayed in one of their carpark for 25 minutes over the 2 hour limit, but only because I arrived there at 19:11 and left at 21:36 (everything there shuts at 20:00, meaning the all of the shops in the area had shut 1 hour and 35 minutes before I left!

There's nothing on their signs that says the parking restrictions are in effect 24 hours a day, and if the shops were shut then there's no way they could have been at any loss by my overstaying.

I intend to defend my case, but was hoping for any advice from you money saving experts out there as to how much of a chance I have of actually winning this case, and what I should put into my defence
I have photographs of the signage, but no receipts from the day in question.

Same as here:

https://forums.moneysavingexpert.com/discussion/5344168

Good luck with that. No chance now.

Nileonfire

I have read the **newbies** thread and have been following their advice from the start, however my appeal to POPLA was never registered (I have no idea why, as I went onto the website and filled out the forms) and sent this letter via post & email in response to the LBCC I received:

'ParkingEye Ltd
Legal Department
PO Box 565
CHORLEY
PRO 6HT

25/10/2015

Dear Sir/Madam
(I am sending this letter via email as I have not had any confirmation of your receipt of its paper copy, sent on the above date)

ParkingEye Ltd v Nile M Ateem
561675/576968
Proposed Legal Proceedings


Thank you for your letter of 08/10/2015.

First, the alleged debt is disputed and any court proceedings will be vigorously defended.

Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.

Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action conduct

I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

PLEASE NOTE, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

I trust this will not be necessary, and look forward to receiving a FULLY COMPLIANT letter before claim in due course.

Yours faithfully

Nile Ateem'


This also generated no response, and the next thing I received was the claim form from the nottingham!

Nileonfire

I have read the **newbies** thread and have been following their advice from the start, however my appeal to POPLA was never registered (I have no idea why, as I went onto the website and filled out the forms) and sent this letter via post & email in response to the LBCC I received:

'ParkingEye Ltd
Legal Department
PO Box 565
CHORLEY
PRO 6HT

25/10/2015

Dear Sir/Madam
(I am sending this letter via email as I have not had any confirmation of your receipt of its paper copy, sent on the above date)

ParkingEye Ltd v Nile M Ateem
561675/576968
Proposed Legal Proceedings


Thank you for your letter of 08/10/2015.

First, the alleged debt is disputed and any court proceedings will be vigorously defended.

Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.

Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action conduct

I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

PLEASE NOTE, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

I trust this will not be necessary, and look forward to receiving a FULLY COMPLIANT letter before claim in due course.

Yours faithfully

Nile Ateem'


This also generated no response, and the next thing I received was the claim form from the nottingham! I have proof that the email was sent before my 14 days was up but not the letter, and cant find any reference to the popla stage in my emails so will have to look through paperwork for that