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

iaing1000

First letter from PE (7th April 2017)
https://drive.google.com/file/d/1HImarNWoQs...iew?usp=sharing

Second letter from PE (16th April 2017)
https://drive.google.com/file/d/1ik7_WqpLF6...iew?usp=sharing

Third letter from PE (11th May 2017)
https://drive.google.com/file/d/1NBl539Ux4J...iew?usp=sharing

Fourth letter from PE (26th May 2017) - letter before county court claim
https://drive.google.com/file/d/16EaUjkeyNJ...p=sharing"]


Signs (from their reply to defence doc)
https://drive.google.com/file/d/12fXBreK5Z7...iew?usp=sharing
https://drive.google.com/file/d/1VA7r54fykY...iew?usp=sharing
https://drive.google.com/file/d/19lDkn7VOfS...iew?usp=sharing
https://drive.google.com/file/d/1Ddh_h-HVj3...iew?usp=sharing


Defence Skeleton Argument
https://drive.google.com/file/d/1VQBVMpKcJ6...iew?usp=sharing

PE Reply To Defence
https://drive.google.com/file/d/1_s1arlOyGD...iew?usp=sharing


Recent Email from PE
https://drive.google.com/file/d/1Ls1-7pdDMk...iew?usp=sharing

iaing1000

So, folks, here's a review of all the letters exchanged, the signs, and my defence along with their reply to defence.

The last link is their latest email which again offers the £40 to forgot it all - and also challenges my assertion that they misrepresented the contract.

What's my next move?

Thanks so much again.

claxtome

Just read your thread.
It is good to see that you iaiang1000 continues to fight and not cave in to the reduced amount offered. Others may have done.
Will leave to others for suggested next move.

beamerguy

iaing1000 wrote: »

So, folks, here's a review of all the letters exchanged, the signs, and my defence along with their reply to defence.

The last link is their latest email which again offers the £40 to forgot it all - and also challenges my assertion that they misrepresented the contract.

What's my next move?

Thanks so much again.

OH DEAR, Parking Eye are being stupid again.

So, yet another Without Prejudice letter ???

Let's assume you were stupid enough to pay
the £40 ....... they would drop the case ?
BUT in the letter to the hotel, they stated they
could not do this ??
They lied to their principal and to you

If they were that convinced that they would win,
why would they keep offering you £40 to clear
this (stopping court action)

Parking Eye said they could not cancel court action
which we all know is a blantant lie and so do
the courts.
This is a bit like blackmail ... pay £40 and we
will stop.
You now need to go in front of a judge

The hotel requested Parking Eye cancel, ensure
you have this in writing.
Parking Eye responded to the hotel with a
Without Prejudice letter which told the hotel
a lie

READ THIS ....
Section headed "What are the exceptions?"
https://www.mills-reeve.com/without-prejudice-privelege-update/

A judge needs to know that Parking Eye are
restricting you showing the court all the
correspondence

Parking Eye have really lost their marbles on this

“without prejudice save as to costs”?
Correspondence marked "without prejudice save as to costs" can be referred to by the parties when the substantive proceedings have been concluded in order to enable the court to make a costs order. Part 36 offers or other offers with this caption can be taken into account whereas an offer marked “without prejudice” cannot be seen by the court unless both parties agree.

Get prepared with your costs schedule

iaing1000

Hi, yes all a bit crazy with the constantly dropped 'fine', although it seems that they stop at £40! (that's the second at that value after the first at £60).

To be clear, the hotel manager had spoken to PE on the phone and they'd said it couldn't be cancelled (she articluated this to me in an email). She then received an email from the enforcements team that read as follows:

[FONT=&quot]We note that you have requested that this Parking Charge be cancelled but unfortunately, having reviewed the case, we can confirm that this matter has now progressed and a county court claim has been issued to recover the outstanding amount. In this instance, the motorist did not contact us regarding the Parking Charge upon receipt and did not lodge an appeal with our dedicated appeals team. This was despite 4 letters being issued before legal action.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As a court claim has now been issued, we have incurred additional costs in the sum of £75. These are in addition to the outstanding Parking Charge. In total the outstanding sum claimed is £175.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]However, in an effort to bring this matter to a conclusion without further cost to either party and bearing in mind the circumstances now outlined, ParkingEye would be prepared to accept £60 in settlement of this claim. We can confirm that we have today contacted the motorist with this offer and have asked that payment be made within the next 14 days.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Please note that should the motorist not wish to make payment, then they will need to follow the instructions provided with the claim form to either defend the claim or admit the claim in full/part. In default of the court receiving a response, a default judgment may be entered against them.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind regards,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot][/FONT][FONT=&quot][/FONT] They are claiming to me it's discretionary, and I guess one could argue that the above email to the hotel manager is based on them using their discretion in deciding whether to pursue based on costs they had already incurred (albeit that it's probalby BS!). There's certainly an apparent contradiction is what the hotel manager was told and then receive dvia email and I intend to call her as a witness should it go to court.

In their most recent response to me, where they try to refute my claim of there being an inconsistency/contradiction in how they relayed the contract to the hotel manager, they cite the contract between themselves and the hotel. Should I ask to see this? And on the assumpotion that they decline does this stand me in better stead with the judge?

Thanks again

Umkomaas

And on the assumpotion that they decline does this stand me in better stead with the judge?

Judges are their own people. I’d be very cautious in second guessing one.

Notwithstanding anything else, I’d be contacting the hotel and asking why on earth, given that PE are refusing to cooperate with them following their request to help their customer, are they continuing to allow PE anywhere near their paying guests.

Ask if they’d like you to warn other potential guests by way of Facebook, Twitter and TripAdviser, which now seems the sensible option for the hotel, of the real dangers of staying and parking there, because, quite possibly, it may land a guest in court.

Let us know their reply!

Coupon-mad

Have you asked the Hotel to now bring this sorry tale to a close by the Hotel paying the £40?

iaing1000

Hi

Not yet, it's all been with PE so far.

I shall contact them and mention that, now that PE are continuing to pursue this, I'll need to nominate the manager as a witness if they're unable to have the fine removed (currently at £40 though to me it's the principle). In particular to confirm the details I have via email from her and to also relay any additional dealing with PE and all in light of my particular circumstances (and there being no indicatio of payment in the lobby etv).

Do you imagine this strikes the right approach/tone - i.e. the potential that they might need to go to court! Or should I be more explicit about them paying the £40?

Should I also contact PE asking for the contract and showing the emails from the manager just to highlight I have a record of this?

Thanks agin

beamerguy

iaing1000 wrote: »

Hi

Not yet, it's all been with PE so far.

I shall contact them and mention that, now that PE are continuing to pursue this, I'll need to nominate the manager as a witness if they're unable to have the fine removed (currently at £40 though to me it's the principle). In particular to confirm the details I have via email from her and to also relay any additional dealing with PE and all in light of my particular circumstances (and there being no indicatio of payment in the lobby etv).

Do you imagine this strikes the right approach/tone - i.e. the potential that they might need to go to court! Or should I be more explicit about them paying the £40?

Should I also contact PE asking for the contract and showing the emails from the manager just to highlight I have a record of this?

Thanks agin

The hotel should do something as they are party
to this scam.
The hotel should realise that in court they must
tell the truth which will be detremental to PE, especially
the fact that PE said it could not stop this going court.

Such a blantant lie will certainly not go down
well with a judge and could lead to why parking
eye is wasting the courts time .... which they are

I hope the hotel understands that this will damage
them

Coupon-mad

I would explicitly ask that the Hotel settle the matter, because they were at fault for not drawing the unworkable and predatory system (PE's finest) to the attention of patrons, and also failed to alert patrons to the fact that if they were unfairly fined they could have asked the Hotel to cancel it on the spot (and it would have been).

Unless you want your day in court. Which you might well do, albeit it still looks to me that PE will not want to appear at a hearing over this and might just discontinue.