Parking Eye - Court Documents - Wembley Retail Park

Quentin

bargepole wrote: »

Not correct.

The only additional cost is the £25 hearing fee, so £200 in total.

The other side can't claim the costs of their hired gun advocate, unless they can show the defendant has behaved unreasonably, e.g. failed to file documents in accordance with court directions, etc.

You are too quick with your assertion


If you read my post you will see that I have correctly advised the OP.


The winning side do get their allowable expenses for attending the court paid for by the loser! (Travelling exs etc)


(Nothing to do with "hired gun advocates" - which I never mentioned at all!)

salmosalaris

You are incorrect AFAIUI
In the case of PE they are represented by LPC Law , LPC law do not claim travel expenses presumably because they are reimbursed these within their charge to PE .
LPC try and claim their fees for PE but this is nearly always given short shrift

Quentin

salmosalaris wrote: »

You are incorrect AFAIUI
In the case of PE they are represented by LPC Law , LPC law do not claim travel expenses presumably because they are reimbursed these by PE .
LPC try and claim their fees for PE but this is nearly always given short shrift

Whatever arrangements there are between a claimant and their reps in court does not mean that the advice was incorrect!
It is 100% correct - and you know it.


Who knows whether or not they will ask for their expenses if they win?


It may depend on how long a journey is involved/whether overnight stay is required etc!

Coupon-mad

You are all right and we are all fighting the PPCs with the same aim. Looks like you are all pretty much saying the same thing.

Basically the OP needs to know the typical cost if they lose in the end at a hearing is up to £200, with no CCJ if they then paid within the time allowed before the judgment gets recorded on their file.

Contacting the landowner, supplying the Retail Park and PE with proof of purchases if they were genuine shoppers and/or offering to settle if he/she wants to avoid any hearing, should avoid the hearing anyway because we know PE do settle in many cases, not that that excuses for one moment their constant bully-boy litigious attacks on British (and visiting) motorists, making them victims in the name of profit.

No idea how anyone with a conscience can work for a PPC. I would kick my kids out if they took a job for such a disreputable industry as 'parking' firms (money-grabbers, nothing to do with parking management/no need for most to even exist) or something like PPI reclaims.

And Wembley Retail Park should be named and shamed here, for allowing this lot on site.

DailyClicker

Thanks for everyone's feedback, it's been really helpful.

I also posted on Pepipoo, and they have advised me to remove all mention of who was driving the vehicle at the time. I have drafted up a "Without Prejudice, save as to costs" letter which I have pasted below.

The issue date of the Claim Form was 22/02/2016 so I believe I have until 25/03 for the defence to be submitted.

I'd be extremely grateful for any feedback on the letter before I email it across to them. Would you send in medical evidence or wait until it's requested?

Thanks

---

(My address)


Date: 13th March 2016

ParkingEye LTD
38-40 Eaton Avenue
Buckshaw Village
Chorley
PR7 7NA

Dear Sir/Madam

Without Prejudice, save as to costs

Claim No. XXXXXX / PCN XXXXXX

I write with reference to the money which you are claiming on the above claim / parking charge.

Unfortunately I cannot remember the circumstances as to why the vehicle overstayed in the Wembley Park Retail car park, as this was in July 2015. However, I wanted to explain why I was unable to respond to any correspondence before now.

My father had late stage dementia, and over the last year I have been working from home in Ireland helping my mother look after him. This is why I have not replied to any previous correspondence. My father had a heart attack on 2nd December, so I did not receive your Letter Before County Court Claim (dated 4th December). He was taken ill again in early February, so I was in Ireland when the County Court Claim Form was issued on 22/02/2016. Sadly, he passed away on 20/02/2016, and as soon as I returned to England I acknowledged the claim online. I’m able to provide medical evidence / flight tickets if required.

I would like to offer a £30.00 as an ex-gratia payment in full and final settlement of the parking charge. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability.

Payment can be made within 2 days of receiving your written agreement of this offer and method of payment.

I look forward to receiving your reply.

Yours faithfully

Coupon-mad

Would you send in medical evidence or wait until it's requested?

I would include it...you are trying to appeal to their better nature to get this dispute resolved so I would be open and supply evidence that what you are saying is true.

I would just add a timebound period for reply because you need to know where you are as you also have to defend the matter, so you could end the email:

Payment can be made within 2 days of receiving your written agreement of this offer and method of payment. As time is of the essence and to mitigate costs on both sides, please respond by 5pm Wednesday 16th March 2016 to this offer of settlement.

DailyClicker

Coupon-mad wrote: »

I would include it...you are trying to appeal to their better nature to get this dispute resolved so I would be open and supply evidence that what you are saying is true.

I would just add a timebound period for reply because you need to know where you are as you also have to defend the matter, so you could end the email:

Payment can be made within 2 days of receiving your written agreement of this offer and method of payment. As time is of the essence and to mitigate costs on both sides, please respond by 5pm Wednesday 16th March 2016 to this offer of settlement.

Thanks I had to wait a few days to get the evidence to send them, so the email was sent on 17th March (and requested a reply by Monday 21st March).

I have not yet received a reply. The issue date of the Claim Form was 22/02/2016 so I believe I have until 25/03 for the defence to be submitted? Is this correct?

What should I do next if they do not reply to my email?

Coupon-mad

You're right about the date deadline.

You will need to work on your defence this week and show us your draft please. There are other defences to read around on other threads which will help, although not many recent PE ones. You need to add things about the ANPR system and the fact there's no evidence of one parking event, could it have been two visits shown as one?

DailyClicker

Thanks, would you recommend using the sample defence (updated Aug 2015) after Beavis case or is this too generic to stand a chance of winning?

http://www.parking-prankster.com/sample-defence.html

I sent another follow up email to ParkingEye stating :

Dear Sir/Madam,

I just wanted to follow up on this offer before a defense is submitted.

Payment can be made within 2 days of receiving your written agreement of this offer and method of payment. As time is of the essence and to mitigate costs on both sides, please respond by 5pm Wednesday 23rd March 2016 to this offer of settlement.

Yours faithfully,

I received the following back this time (I did not receive any automatic confirmation last time) :

PLEASE NOTE THIS IS AN AUTOMATED RESPONSE

Thank you for your email.

ParkingEye can confirm receipt of your correspondence.

The ParkingEye Enforcement Team will endeavour to respond to your query at the earliest possibility, however please be aware that it may take up to 10 working days to provide this response.

Should your query be in relation to a non-enforcement matter, we request that this is directed to the appropriate department or personnel to ensure these are dealt with in the most timely manner possible.

Coupon-mad

would you recommend using the sample defence (updated Aug 2015) after Beavis case or is this too generic to stand a chance of winning?

Probably not a generic appeal and August was prior to the actual judgment (November). But it's best if you show your draft defence here as it's easier for us to help with something to work with.