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Parking Eye Darlington v Disabled Owner

2

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do you think the contract terms located at the bottom of the signs is poor

    Yes.

    And your medical conditions mean you ARE a protected person under the definition of disability in the Equality Act 2010, which of course does NOT require disabled people to 'prove it' with a Council badge that has no application on private land.

    You had as much right to park in a disabled bay as anyone, and could not read the terms in the rain on an unlit, high red/black sign with no 'white space' around the words about 'no concessions' to disabled people (whatever that actually means - arguably ambiguous in itself).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you guys makes me feel better knowing that if they do intend to take courts action I at least can raise a defence against them.
    Best Regards
    Thunderpants
    :smiley:
  • Umkomaas
    Umkomaas Posts: 43,811 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you guys
    Not every regular is a guy. Our top contributor is a gal. :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas wrote: »
    Not every regular is a guy. Our top contributor is a gal. :)

    Nothing meant by it, I am sure there are many outstanding ladies contributing to all forums.
    Best Regards
    Thunderpants
    :smiley:
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    LoadsofChildren123 is also female but we have some fantastic male regulars here too (including Umkomaas). The similarity is, we all want to fight this scam and win every case v PPC scum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi All

    Today Saturday I received a further letter from EQUITA stating the following: We note that despite our previous efforts to contact you this matter remains outstanding and the debt of £160 is still due. (It was £60)

    Our efforts to resolve this matter on behalf of our client have been unsuccessful and we will be referring this back to Parking Eye with our recommendation that they proceed with additional Enforcement/litigation action.

    If you wish to avoid action escalating you need to contact our office within the next 7 days.

    We trust you understand the seriousness of the situation.

    So from a £60 fine it is now £160 not bad work if you can get it. Do I still do nothing and wait for them to issue proceedings?

    I so want to send them a blast across their bows but understand I'm opening myself up.
    Best Regards
    Thunderpants
    :smiley:
  • Quentin
    Quentin Posts: 40,405 Forumite
    Yes do nothing about that letter


    follow the advice in #3 re.ignoring/when to respond


    Any shot at them will be to your detriment as they "love" to know they have something on their hook!
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 24 June 2017 at 11:18AM
    Hi All

    Today Saturday I received a further letter from EQUITA stating the following: We note that despite our previous efforts to contact you this matter remains outstanding and the debt of £160 is still due. (It was £60)

    Our efforts to resolve this matter on behalf of our client have been unsuccessful and we will be referring this back to Parking Eye with our recommendation that they proceed with additional Enforcement/litigation action.

    If you wish to avoid action escalating you need to contact our office within the next 7 days.

    We trust you understand the seriousness of the situation.

    So from a £60 fine it is now £160 not bad work if you can get it. Do I still do nothing and wait for them to issue proceedings?


    I so want to send them a blast across their bows but understand I'm opening myself up.

    A debt collector letter only working on behalf of PE

    "we will be referring this back to Parking Eye"
    That is all they can do as this belongs to PE ... Not them.

    Just wait to see what happens, if PE decide to go further you will get court papers and that's when you come back here.

    And as a footnote ....
    "that they proceed with additional Enforcement/litigation action."

    in laymans language that PE might take you to court where it
    then becomes 50/50 if they win.
    There is no enforcement unless you lose and ignore the court
    to pay then and only then can they enforce.

    See how scary these letters are but when it comes down
    to reality, these letters contain rubbish

    "We trust you understand the seriousness of the situation"
    How stupid, it's only a stupid parking ticket
  • Half_way
    Half_way Posts: 7,555 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    have you complained to the landowner, stating the equality act?
    if not then it's vital that you do so, as if you want to use it in your defence should it get that far, or use it as a basis for a counter claim, you need to take all reasonable steps to inform them of their error, and allow them to correct their mistakes.
    you can't just pounce on them with the EA
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Half_way wrote: »
    have you complained to the landowner, stating the equality act?
    if not then it's vital that you do so, as if you want to use it in your defence should it get that far, or use it as a basis for a counter claim, you need to take all reasonable steps to inform them of their error, and allow them to correct their mistakes.
    you can't just pounce on them with the EA

    I did email the landowner informing them of the situation but they didn't seem bothered and that I should take it up with parking eye.

    I didn't however mention the equality act as I didn't know about it then and don't understand how this legislation could affect the outcome.
    Best Regards
    Thunderpants
    :smiley:
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