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How to respond to Parking Eye Without Prejudice Save As To Costs letter

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  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 24 December 2017 at 12:01PM
    Well well, PE digging a hole for themselves and certainly
    still trying to scam you but for just £40 now.

    Remember they said they COULD NOT cancel going
    to court ..... LIE NUMBER 1

    Now they are saying its at their discretion and the hotel
    knows this ..... but memory says they told the hotel that
    they COULD NOT CANCEL ?? .... LIE NUMBER 2

    MEDIATION ? You do not want mediation which is
    your right.

    You want to show a judge that PE tells lies and in particular
    the fact that the hotel asked PE to cancel but PE ignored
    and lied to their principal

    Whoever is writing these PE letters needs to be sacked
    as without doubt, they will get PE whooped in court.

    PE are proving themselves as scammers here

    By the way, I think a judge can over ride a Without Prejudice
    letter if it contains vital evidence ?
    The solicitors on here will correct me if that's wrong
  • Coupon-mad
    Coupon-mad Posts: 152,476 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No to Mediation, it has no place here. That DQ is from PE. You need to complete your own DQ.
    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
  • Thanks folks, I assumed no to mediation.

    1 )
    a. Do I request a DQ from the court?
    b. And if so to whom do I send it?
    c. What happens if I ignore all this, would it go to mediation or would I have to be consulted and actively agree?

    2) What about beamerguy's suggestion of asking the court to cancel the Without Prejudice letter if it appears to contain contradictory statements (They can't cancel to Principal and that it's at their discretion to me)?

    3)
    a. Should I be writing to PE too indicating that I am seeking to have this dealt with in the County Court not via mediation, so that I've spelled it out to them at least?
    b. Should I also indicate their apparently contradictory staements (as above) and that I intend to make the court aware of these because this is vital and overides the protection afforded to them via the Without Prejudice?

    Cheers again
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Already responded on pepipoo.
  • Try this link for a costs schedule that will make the PPC eyes water!!!


    https://forums.moneysavingexpert.com/discussion/5723229
  • I've tried going onto Moneyclaims online, in order to see where things are, and my password isn't recognised. Is there somewhere I can change it or get it reset - can't see anything obvious?

    I've tried again with the one sent in the defence pack paperwork and it ain't working...ho hum
  • OK, very much sorted this now.

    Phoned the Northampton CC and they explained that the N180 form will be sent to me in due course and hasn't yet been issued and there's no rush (although obvs I'll chase mid Jan or so). PE send out their completed form to both me & NCC apparently.

    I'll complete when a little less tied up with Christmas etc and this takes the heat off a little.
  • I've now had the N180 form and completed and returned to the court indicating NO to mediation. I'm required to send this to PE as well and so will attach scanned copies with the following proposed email:



    Dear Sir/Madam,

    In response to your recent letter please note that I do not intend to pay because this speculative invoice is without any basis in law. Moreover, I am not in receipt of your reply to the defence which you claim was sent 20th December.

    In your letter to me you stated that cancellation is only done at ParkingEye’s discretion once legal proceedings have commenced. However, it appears the manager of the Hotel had been led to believe that cancellation was not possible at this stage, and then herself had a contradictory email from the enforcements team. I intend to cross examine your witness on the day to explain why they have misrepresented the contract.

    Please find attached my completed DQ which has also been sent to the CCBC,

    Any suggested changes to this? Maybe leave out the whole second para since she'd been told that by phone? Also, what becomes of my drop hands offer from the previous letter I sent — they haven't acknowledged it so do I state that it's left open for a further 14 days or what?


    Thanks all
  • Coupon-mad
    Coupon-mad Posts: 152,476 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Any suggested changes to this?
    Looks reasonable to me. :)

    Maybe leave out the whole second para since she'd been told that by phone?
    No, I like the ambiguity raised in that second para.

    Also, what becomes of my drop hands offer from the previous letter I sent — they haven't acknowledged it so do I state that it's left open for a further 14 days or what?
    No, absolutely do not mix a reply that you might want to show at the hearing, with any kind of 'offer' because if ParkingEye reply they'll refuse the offer and head the entire reply 'Without Prejudice', which means you then can't use the exchange in court during the hearing.

    So NO OFFER and no reference to it, in this comms.
    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
  • iaing1000
    iaing1000 Posts: 27 Forumite
    Thanks so much again for your help, it really is appreciated :-)

    I've sent the following:



    Dear Sir/Madam,

    In response to your recent letter please note that I do not intend to pay because this speculative invoice is without any basis in law. Moreover, I am not in receipt of your reply to the defence which you claim was sent 20th December.

    In your letter to me you stated that cancellation is only done at ParkingEye’s discretion once legal proceedings have commenced. However, it appears the manager of the Hotel had been led to believe that cancellation was not possible at this stage, and then herself had a contradictory email from the enforcements team. I intend to cross examine your witness on the day to explain why they have misrepresented the contract and failure of the witness to appear will be brought to the court’s attention.

    [FONT=&quot]Please find attached my completed D[/FONT][FONT=&quot]irections [/FONT][FONT=&quot]Q[/FONT][FONT=&quot]uestionnaire[/FONT][FONT=&quot] which has also been sent to the CCBC,[/FONT]
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