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

beamerguy

Coupon-mad wrote: »

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.

I agree, PE really have no option but to discontinue,
mind you, with the mindset of PE maybe they want to
get whooped by the court

All this over the reduced £40, how pathetic PE

iaing1000

This planned for the hotel, any thoughts before it gets emailed?

[FONT=&quot]Hi XXXXXXXXXXX,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]It seems that ParkingEye are continuing to be intransigent in their stance regarding the parking charge made against me and are pursuing the matter to court. They have now again offered a reduced settlement of £40 (down from the last offer of £60), which is little puzzling given their apparent confidence. As I have previously explained I am not prepared to be subjected to their unworkable and predatory system and would ask that you firmly demand that they redact the charge, or settle the matter with them yourselves. It has become apparent that the option to cancel the charge is entirely at their discretion, at any stage, and as such they are misleading you if they claim it cannot be done whether or not legal proceeding have begun or not. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Please note that should the matter go to court I have requested that you attend as a witness and be able to confirm and show the complete correspondence exchanged with ParkingEye and myself, as well as explain the hotel's relationship with them. I recognise that this may be inconvenient yet I feel I must make a stand against their practices. Moreover, it should be noted that the hotel bear some culpability in respect of this by a) not having visible signs in the lobby, or elsewhere in the hotel, that payment be made at the hotel which somewhat contradicts ParkingEye’s assertion that signage is complete and unmissable and b) employing fly-by-night predatory sharks whose only interest is a flawed business model that generates money from legitimate users of the car park — needless to say this detracts from the good name of XXXX Hotels and finally, c) [/FONT][FONT=&quot]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).[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Please let me know if you are able to resolve or settle the matter with ParkingEye in order that I can know how to further instruct the court on witness attendance. Thanks once again for your time with this and look forward to hearing from you before long, [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]All the best[/FONT]
[FONT=&quot]My Name
[/FONT]

Computersaysno

make sure you slam in a counterclaim [for about £700]...that way of they try to discontinue you'll either have a walkover in court or they'll have to spend big to defend it.

iaing1000

Should I also write to PE in response to their latest £40 offer and their statement disputing my assertion that they have misrepresented the contract on the premise that each party (PE & the hotel) have a copy of the contract to clear up any confusion?

If so, should I ask to see the contract and/or perhaps mention that I'll be calling the hotel manager as a witness?

Ta again folks

iaing1000

And this to go to PE:

Dear Sir/Madam,

In response to your recent email please note that I do not intend to pay for the same reasons I have previously given.

I maintain that you have misrepresented the contract to the Hotel Manager. Your assertion that either party has recourse to the contract to clear up any confusion is unrealistic insofar as most managers are not in a position to trawl lengthy legal contracts. It is much more realistic that both parties to the contract can reasonably rely on one another to correctly inform the other of the terms where they are not clear to the other party.


ParkingEye have clearly been remiss in this and, worryingly, have indeed misrepresented the contract to the Hotel Manager as the correspondence between the parties attests. Moreover, a phone call between the Hotel Manager and ParkingEye, where the manager was clearly told that cancelling 'was not possible' at this stage, will be brought to the attention of the judge. It is my intention to scrutinise this in court with the Hotel Manager called as witness and all correspondence and transcripts of phone calls made available.



My Name

claxtome

Letter to hotel in post #53 mentions "Redacted" think you meant to use a different word as to redact means:
censor or obscure (part of a text) for legal or security purposes

I suspect you wanted to use "cancel" or similar

Both letters look reasonable to me otherwise.
I will leave to others to comment further...

beamerguy

As said above do not say

"[FONT=&quot]demand that they redact the charge"

You demand they CANCEL the charge

You write if these are your friends ... they are NOT

So, this is now formal

1: For the personal attention of xxx (hotel)
2: Dear Sir/Madam
3: Yours faithfully
[/FONT]

KeithP

iaing1000 wrote: »

Please let me know if you are able to resolve or settle the matter with ParkingEye in order that I can know how to further instruct the court on witness attendance. Thanks once again for your time with this and look forward to hearing from you before long,

Would that be better as:

Please let me know when you have resolved or settled the matter with ParkingEye.

iaing1000

Here's what went out to the hotel and also another copy going to head office or CEO of the hotels:

[FONT=&quot]FAO Head Office XXXX Hotels[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Dear Sir/Madam,

I have previously been in contact with the manager of your XXXXXXXX branch, Ms XYZ, with regard to a parking charge made against me. It seems that ParkingEye are continuing to be intransigent in their stance regarding this and are pursuing the matter to court. They have now offered a reduced settlement of £40 (down from the previous reduced offer of £60), which is little puzzling given their supposed confidence. As I have previously explained to your manager I am not prepared to be subjected to their unworkable and predatory system and would ask that you firmly demand that they cancel the charge, or settle the matter with them yourselves. It has become apparent that the option to cancel the charge is entirely at their discretion, at any stage, and as such they are misleading you if they claim it cannot be done whether or not legal proceeding have begun or not.

Please note that should the matter go to court I have requested that Ms XYZ attend as a witness and be able to confirm and show the complete correspondence exchanged with ParkingEye and myself, as well as explain the hotel's relationship with them. I recognise that this may be inconvenient yet I feel I must make a stand against their practices. Moreover, it should be noted that the hotel bear some culpability in respect of this by a) not having visible signs in the lobby, or elsewhere in the hotel, that payment be made at the hotel which somewhat contradicts ParkingEye’s assertion that signage is complete and unmissable and b) employing fly-by-night predatory sharks whose only interest is a flawed business model that generates money from legitimate users of the car park — needless to say this detracts from the good name of XXXX Hotels should this matter be publicised on TripAdvisor and similar, and, finally, c) failing to alert patrons to the fact that if they were unfairly fined they could have asked the XXXX Hotel to cancel it on the spot (and it would have been).

Please let me know when you have resolved or settled the matter with ParkingEye in order that I can know how to further instruct the court on witness attendance. Thanks once again for your time with this and look forward to hearing from you before long, [/FONT][FONT=&quot]

Yours Faithfully[/FONT]
And here's what's come back from the Manager:
[FONT=&quot][/FONT]
[FONT=&quot] [FONT=&quot]Hi XXX,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you for your email update[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Unfortunately this is completely out of my hands now and I understand that you would want to challenge this as much as possible, however all correspondence is between you and Parking Eye now[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I am sorry I cannot help any further as we do employ Parking Eye to manage the car park for us[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Warmest Regards[/FONT]

[FONT=&quot][/FONT][FONT=&quot][/FONT]


A little odd, and clearly not grasping what it is to 'employ' someone. Usually you get to tell them what to do :-) My guess is she's not in a senior enough position to gauge the publicity damage that this could undo (heaven knows what the marketing budget for such an organisation might be!). Anyway, I'm nominating her as a witness now.






[FONT=&quot][/FONT]
[/FONT]
[FONT=&quot] [/FONT]

beamerguy

So clearly this manager is not a manager..

He or she cannot dismiss being called as a witness
so lightly

" [FONT=&quot][FONT=&quot]I am sorry I cannot help any further as we do
employ Parking Eye to manage the car park for us"

[/FONT][/FONT][FONT=&quot][FONT=&quot]Yes they do .... THEY EMPLOY THEM and as such
have a joint resonsibility

I think this is now the time to name this hotel group on here to warn others

As the manager is useless and does not understand
the implications it will have on the hotel, you need
to be very strict with the CEO.

My guess is that PE has intervened with the manager
and told him/her what to say.

The point is that if they can employ a company
who lies and accept that as normal behaviour,
how many lies could the actual hotel be telling
their customers[/FONT][/FONT][FONT=&quot][FONT=&quot]
[/FONT][/FONT]