Taking parking eye to court?

Michael_Blair

I was given a parking charge notice from parkingeye. i appealed to them but had the appeal turned down. I then appealed to POPLA who upheld my appeal. Parkingeye then withdrew the charge. I then invoiced parkingeye for my out of pocket expenses (£27.23) in defending myself.
They said they do not acknowledge my invoice and refuse to pay. Is it realistic for me to take them to a small claims court and win?

pappa_golf

let us know how you get on

Redx

realistic ? , no

would you win ? - who knows ??

be great if you did and if you could cost them money if they lose

it would cost you that much for the filing fee, so it would have to be plus costs

dont get me wrong, I would love to see these bully boys taken on and lose in court, a taste of their own medicine, which one or two people have done in the past and reported on here or on pepipoo

beamerguy

Michael_Blair wrote: »

I was given a parking charge notice from parkingeye. i appealed to them but had the appeal turned down. I then appealed to POPLA who upheld my appeal. Parkingeye then withdrew the charge. I then invoiced parkingeye for my out of pocket expenses (£27.23) in defending myself.
They said they do not acknowledge my invoice and refuse to pay. Is it realistic for me to take them to a small claims court and win?

Nice thought but not worth it, of course they will refuse.

But hey, your invoice is no different to their invoice and in their own words we say...
"you do not acknowledge their invoice and refuse to pay"

The "one eyed snake" is approved by Capita to scam and extort money from people

System

would you win ? - who knows ??

be great if you did and if you could cost them money if they lose

If you want to know the answer to that one, take a trip to Banbury County tomorrow. You may just find out.

The_Slithy_Tove

I don't think you'd stand a chance. It would be deemed as the mechanism working correctly, i.e. the charge was cancelled at the "independent" appeal stage. Only if a PPC demonstrably acted unreasonably would you have even a glimmer of a hope, e.g. doing a CEL/MIL in taking out court proceedings and only withdrawing (or not turning up) at the last minute, or refusing to accept POPLA's decision, and carry on threatening anyway (PE are unlikely to do that).

Half_way

I assume that you have taken the necessary steps to claim your costs, and only your costs ( and not some inflated figure )
You informed the landowner in your original complaint, when you asked them to cancel their agents ( parking eyes ) charges
The landowner fobbed you off, and told you to get in touch with pakring eye
You then told the landowner that you may/will be holding them liable/jointly liable for your expenses should this matter go to ADR/POPLA
You informed parking eye of your intentions, should they not cancel, parking eye refused and issued a popla code.
You informed the landowner again, but were fobbed off ( again)

the above would show that you have/had taken all possible steps to mitigate your costs/losses/expenses

You then kept an accurate time sheet/expenses sheet loging how much time you spent/are spending on it, including any additional costs such as travel time for a site inspection and any parking fees ( ie standard P&D rates) as a result of a site inspection.

Then following a successful; appeal, you got in touch with parking eye who rejected your costs invoice and the landowner who took parking eye on in the first place.
If you want to push it all the way you need to make yourself look reasonable, otherwise, should it come in front of a judge you would probably get told to sling your hook, and be out of pocket.

Marktheshark

Capita are senior members of the law society.
Expect a very short hearing.

ManxRed

beamerguy wrote: »

But hey, your invoice is no different to their invoice...

It is though. Theirs is based on a contract, accepted by peformance (these are the terms, if you don't like them, then drive off). In theory (and I know PE often raise tickets where people HAVE driven off, but forget them for a second) they have offered you the chance to accept or decline their contract.

The OP hasn't given PE the same choice.

I doubt if this would ever fly in court, just my opinion though.

prjohnsonnn10

What if you did all of the above. advised landowner and sought to mitigate etc etc

sent the letters to the ppc right from the start of the process. recorded delivery.

advising them that you will continue to invoice them for your costs in putting together the popla defence

advising them that in the event the popla finds in your favour you will be enforcing the invoices for reimbursment of your costs incurred.

continue to write when you win at popla on ground that the ppc has refused to supply the contractual authority enabling it to present its case at popla .

request payment again with a deadline

then serve a LBA giving them a further 30 days etc

when they dont then serve the MCOL court papers

well.............. i did all this with another ppc recently.

heard nothing back at all to ANY of my correspondance and they never responded ...all until the Court papers arrived !!

funny that..they chose to ignore all communications sent to exactly the same address but then responded within 5 days when the court papers were delivered.!!

.... i had the invoices delivered...recorded delivery...obvious they got them but presume they just threw them away = their problem now .

well i have now heard back from the ppc and they have said they will defend the case as it would be ' a dangerous precedent...' for costs to be recovered.

awaiting a date from the court ...expect it to be in a months time i think

will be on here looking for assistance in helping with my papers/ case if thats ok

PJ

beamerguy

prjohnsonnn10 wrote: »

What if you did all of the above. advised landowner and sought to mitigate etc etc

sent the letters to the ppc right from the start of the process. recorded delivery.

advising them that you will continue to invoice them for your costs in putting together the popla defence

advising them that in the event the popla finds in your favour you will be enforcing the invoices for reimbursment of your costs incurred.

continue to write when you win at popla on ground that the ppc has refused to supply the contractual authority enabling it to present its case at popla .

request payment again with a deadline

then serve a LBA giving them a further 30 days etc

when they dont then serve the MCOL court papers

well.............. i did all this with another ppc recently.

heard nothing back at all to ANY of my correspondance and they never responded ...all until the Court papers arrived !!

funny that..they chose to ignore all communications sent to exactly the same address but then responded within 5 days when the court papers were delivered.!!

.... i had the invoices delivered...recorded delivery...obvious they got them but presume they just threw them away = their problem now .

well i have now heard back from the ppc and they have said they will defend the case as it would be ' a dangerous precedent...' for costs to be recovered.

awaiting a date from the court ...expect it to be in a months time i think

will be on here looking for assistance in helping with my papers/ case if thats ok

PJ

You think like me.

Who is the PPC and can you give a lot more info please
They saying " a dangerous precedent" seems to me they are referring to the Beavis case, do you know about that case ?