Will they go to court or not?

Quentin

Tarambor wrote: »

Why people like yourself feel you have the right to dump your car on land other people own as you please is beyond me. I bet if I dumped my lorry on your drive way you'd have something to say about it.

Retailers do it as a result of their goodwill being abused. My local Lidl only started to do it after too many people decided to treat it as free all day parking which actually stopped genuine paying customers from going. If you want someone to be angry at be angry at those who have abused the goodwill of the people who own the land.

Bit pointless posting this in a forum dedicated to fighting PCNs - and downright unfair to hijack the OP's thread!


A better forum for this is the arms if you want a discussion on the rights and wrongs of defending parking charge invoices

rizla01

Hi CM,

."..........By Parking, Waiting or otherwise Remaining in this car park......"

This is the small print that I have just been scrutenising.

Does that negate the 14 mins trying to decide where to park excuse or the "Double park " excuse at all?

Can they not use that to get out of any defence?

Getting nervous now.

Coupon-mad

They'll try, and you will argue back, pointing out the issues mentioned by Castle and myself.

Tarambor wrote: »

Why people like yourself feel you have the right to dump your car on land other people own as you please is beyond me. I bet if I dumped my lorry on your drive way you'd have something to say about it.

Retailers do it as a result of their goodwill being abused. My local Lidl only started to do it after too many people decided to treat it as free all day parking which actually stopped genuine paying customers from going. If you want someone to be angry at be angry at those who have abused the goodwill of the people who own the land.

My goodness, you are a card!

What makes you think I ''feel I have the right to dump my car on land other people own as I please''? I've been driving - points & penalty free (apart from the private 'fake PCN' invoices I ignored a few years ago) - for more years that I care to count and I have NEVER never done that and haven't heard people here say they have either. Neither newbies, nor regulars.

You have no idea about the low level of conduct used by 'PPC World' ... clue: it's somewhere between the gutter and the drain.

rizla01

Hi CM.
Two days ago I asked when I should approach PE in regards to getting them to re-consider taking my case any further as you advised, but I have not had a reply.

I am acting on behalf of my Daughter.
The case has been referred to my local court now and I am awaiting a hearing date but this has been delayed because my stupid Daughter forgot to sign the statement that she made and sent off (Without my knowledge, I might add)

Should I have discovered the answer to this myself, somewhere?

Apologies if I am not as quick on the uptake as some might be but at 68 yrs I sometimes am not able to think too clearly these days.

Quentin

You can repeat your communication with pe. And keep repeating it if they ignore you.

rizla01

I have made no contact with them at all.
CM was suggesting that they would likely back down eventually if shown that they are unlikely to win if it goes to court but a few email back & forth are needed apparently.

What I am also wondering is what stage comes after the allocation of court date.
I assume that would be the time to communicate with PE?

Quentin

The advice from cm to contact them was in #11 over a month ago

rizla01

Correct. but as they also sent a letter reducing the liability there was a suggestion that they may drop the case anyway and I was waiting to see if this would happen before contacting them.

Have I now left it too late, then?

rizla01

Hi all.

I hope this is Ok with all those that freely offer good advice on here.

I am re-posting my case as things have taken a bit of a turn and I am now very worried so PLEASE can someone help me and advise, or should I just pay up and forget it?

I have a daughter that is presently suffering trauma over the break-up of her marriage and with bills to pay and 3 young children, she cannot cope with this.

In July, last, she parked up, went shopping and after approx one and a half hours moved her car to the takeaway (located within the parking area) and had to wait to be served. She didn't realise that counted. (Me neither tbh) . She then received the notice from Parking Eye stating that she had exceeded her permitted time by 18mins.

So far on my instruction , (Wrongly it would seem) she did not responded to any letters from PE except the one from small claims court which also asked for reasons that she contests the charge. (initially £60 if paid within...etc then went up to £120 and then threats of Court Costs Etc to be added could increase this to £250 ish)

After the letter was returned to the court she had a FINAL letter from PE offering her the opportunity of just paying £60 again 'Based on further information that we have received' and that was followed by the self same letter two weeks later.
Not stating what the 'Further Information ' is. I.e. What, that the time clock was wrong? Wrong Car? What?

A while after she received a 'Proposed Allocation to the small claims fast track service which she agreed to and asked for case to be tried locally. Next she got a letter from Parking eye outlining their case against her and that included a letter from the courthouse saying that the case had been moved to her local court

Stupidly and without telling me she responded (Against my advice) as the letter worried her BUT two days ago she received a letter saying that she hadn't signed the N9B (Defence & Counterclaim form ) that she was sent. She accepted that she had parked and that she moved the car to the drive-in in order to get a take-away.

Naturally I am fuming but a re-signed form needs to be served by 31 January - not long at all.

All this is whilst I have been helping my 73 yr old brother cope with the loss of his wife 4 weeks ago. Stressful times eh?

I understood from 'Coupon Mad' that there are two issues (at least ) that this case should be argued on and that is the double park and the other is the 18 Mins that she was over the two hours alotted time and that i should contact parking Eye suggesting that this should not proceed to court and that they haven't a hope in hell of winning (My words)


Can anyone offer guidance please?

No court appearance has been set yet. What should I do now?
Is there a chance of stopping this going to court now?

For those interested this is the original thread.
https://forums.moneysavingexpert.com/discussion/5757747

pappa_golf

parking eye? your figures do not add up , £60 £120 then £250?

the max a company can claim is £100 + court and solisitors fees , "normally" with PE this is no more than £175

so , please tell swhere in the paperwork did £120 come into it

and NO I or others will not go hunting amongst your 6700 odd posts for your inital post


"No court appearance has been set yet. What should I do now?
Is there a chance of stopping this going to court now?"


YES

pay PE