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Failure to use terminal
Accynez
Posts: 2 Newbie
I now have my County Court Claim form. I ignored all previous correspondence (I have the PCN, the follow up request and 2 letters before CCC) in the hope they would go away. They are Parking Eye and the carpark in question was a hotel where the driver stopped off for a pint and to meet 5 friends. Apparently he was supposed to enter his registration into a terminal in the foyer to qualify for free parking. He didn't enter through the foyer as it was a nice evening and the adjacent double doors were propped open and lead directly to the bar. He bought 2 pints (1 for the passenger) and joined his 5 friends in the beer garden. He paid in cash as did the others so no proof of purchase. Any assistance in formulating a defence would be appreciated.
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Comments
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Oh dear, you are in for a trickier time than needed to have been.
ParkingEye are the most litigious of all the parking companies.
Firstly, edit your post to remove all clues to the identity of the driver.
When describing events on the day there is no place for the word 'I'.
For example, your third sentence should perhaps look something like:They are Parking Eye and the car park in question was a hotel in North Wales where the driver stopped off for a pint and to meet 5 friends.Review the rest of your post similarly.0 -
have you complained to the hotel ?
Ralph:cool:0 -
Why didn't you complain to the Hotel to get it cancelled as soon as you got the stupid demand for money? Now you have to defend a court claim (see second post of the NEWBIES thread for what to do now to acknowledge and defend this).
Would have been easy to cancel on the spot, by the Hotel, as soon as the offending horrendous fake PCN arrived. Now you are in for quite a roller coaster ride.
We usually see defences here win, but PE are experienced in winning. Quite a fight for you.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 THREAD0 -
No. Wish I had but I didn't. So moving on..0
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Why not complain to the hotel manager now? Also leave negative feedback on Trapadvisor etcetera. Use the words that MPs used in open parliament.
You should also complain to your MP and Sir Greg Knight MP about this unregulated scam.
These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):
https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill
''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.
These are the exact words used, so you should quote them to your MP and the hotel manager in a complaint and ask them to contact Sir Greg Knight MP if they wants further information about this scam.
You also need to follow bargepole's guide to court in the NEWBIES thread which tells you the step by step process you need to follow.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Firstly, have you written bad stuff on theuir facebook pages? If so do it now, Hotels hate that.
Secondly, was the requirement to enter your VRN mentioned on the signs? If not PE would struggle in court to succeed with a breach of contract.
In any event, some judges now regard this as a very minor breach of contract, which has caused the PPC very little damage, so read up on de minimus
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
Hospital car parks and residential complex tickets have been especially mentioned.
The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.You never know how far you can go until you go too far.0 -
Newbs thread, post two. Read it. Do the acknowledgment now, online , to give yourself the full 33 days what is the date of issue?
Then complain to the hotel. But you!!!8217;re in for a load of trouble. You will need pictures of the signs. Absolutely essential.0
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