PWE and Equita (update)

Fredolow

A couple of years ago i posted a thread on here about a Parking Charge letter I received from Park With Ease on 6th Sept 2016 for an alleged parking infraction that took place on 17th Aug 2016. Here's the thread:

https://forums.moneysavingexpert.com/discussion/5524164/parking-with-ease-charge-advice-needed&highlight=fredolow

Unfortunately that thread has been closed so I'm having to give an update in a new post (apologies). At the time I asked PWE to provide the following:

• As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrates that you have their authority.
• Is your charge based on damages for breach of contract? Answer yes or no.
• If the charge is based on damages for breach of contract please provide your justification of this sum.
• Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
• If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
• Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle that clearly show timestamped entry and exit times into/from the site.
• The site works on a number plate recognition system which requires the number plate be captured on entry so that the driver knows how much is being charged. Please provide documented evidence that this system was functioning properly at the alleged time of the incident and that the system was able to inform the driver of how much was due when they exited based on the captured entry time.

And they responded with this:

"Thank you for your email. The site contains clear signage both at the entrance and throughout the park including on the over flow car park area. In addition there are also payment machines within the park for payment to be made or the option to make payment via our website up to 48 hrs after visit. As no payment was made by any method or any contact made to notify us of your issue we cannot accept your appeal"

I was then advised on here to sit tight, which I have done. There have been long periods of silence from PWE since then. For instance I didn't receive any update from them until 13th Dec 2017, which was a 'Final Reminder'. I ignored it as advised.

Fast forward to today and I've just received a letter from Equita saying PWE have written to them about the unpaid charge which now stands at £110, and that if I "do not take action immediately, we may recommend to PWE that they commence enforcement action against you. This could involve legal action through the County Court, with any judgement entered against you recorded in the public register and likely to affect your credit status and ability to obtain credit in the future"

So I'm two years in and, despite my initial requests, PWE still have not provided any photographic evidence of the alleged parking infraction.

My questions to those in the know on here are as follows:

1. Do I continue to sit this out?
2. Is it worth responding to Equita showing the initial email I sent to PWE asking for the above information which they never supplied back?
3. Can PWE take this to CC without first showing me any evidence of the infraction other than their initial NTK which only states in writing the location, car and reg and date and time?
4. (I have always stated to them in writing that I am the Registered Keeper of the vehicle, not the driver, therefore it is reasonable to expect the RK would want to see photographic evidence of the infraction)

Any advice on this greatly appreciated. I'd just like to know the best course of action at this time. Also, I wrote to my MP about this company when all of this first started, but got no reply. Is it worth me doing so again with this latest development? Is there a standard letter anywhere that may add additional weight?

Cheers guys!

nosferatu1001

Jus tignore Equita

1) Yes
2) No
3) Yes

Anyone can take anyone to court for any reason, with no evidence supplied ot either side.

Fredolow

Thanks. But if it does go to court and I can prove that I asked for evidence when I first received the NTK, and that PWE didn't provide it when requested, surely that will go against them, no?

beamerguy

Equita are just bog standard debt collectors, just like
the ones you see here

Debt Collectors What they don't want you to know
https://forums.moneysavingexpert.com/discussion/comment/74439905#Comment_74439905

"Fast forward to today and I've just received a letter from Equita saying PWE have written to them about the unpaid charge which now stands at £110, and that if I "do not take action immediately, we may recommend to PWE that they commence enforcement action against you. This could involve legal action through the County Court, with any judgement entered against you recorded in the public register and likely to affect your credit status and ability to obtain credit in the future"

EQUITA cannot recommend anything of the sort, it's not
their debt ??????

Equita know they are talking rubbish, we know they are
talking rubbish and now you know.

READ THIS AND UNDERSTAND
The CCJ Myth and threats and lies told by debt collectors
and PPC's .. EXPOSED

READ THIS AND COMPARE TO THE LIES YOU ARE TOLD

https://forums.moneysavingexpert.com/discussion/5849106/the-ccj-myth-and-threats-and-lies-told-by-debt-collectors-and-ppcs-exposed&highlight=ccj+the+myth

The_Slithy_Tove

beamerguy wrote: »

This could involve legal action through the County Court, with any judgement entered against you recorded in the public register and likely to affect your credit status and ability to obtain credit in the future"[/I][/B]

Equita know they are talking rubbish, we know they are
talking rubbish and now you know.

It's not just rubbish, it's highly misleading and downright dishonest.

beamerguy

The_Slithy_Tove wrote: »

It's not just rubbish, it's highly misleading and downright dishonest.

Equita owned by Parking Eye and Parking Eye are members
of the BPA ....... THE CIRCLE OF DISHONESTY

nosferatu1001

Nothing said in the red text anbove is dishonest - IF court action is taken then judgement against you IS recorded...etc. Its just said in a way that doesnt allow for them not to win - and of course they dont have to say they might not win.

OP: Yes it "counts against them" but not nearly as much as you seem to be hoping.

Fredolow

Thanks folks for your input and especially to Beamerguy for the informative links. So my take from this is to continue to ignore and see what develops. Equita, if no response or payment received, will have to take this back to PWE and let them know they've been unable to recover the fine. Then it's up to PWE to decide if they want to take this further and move to court. Is that correct?

Meanwhile it would be worthwhile scanning and forwarding this letter from Equita to Sir Greg Knight and my local MP?

waamo

The more complaints an MP gets the better.

beamerguy

nosferatu1001 wrote: »

Nothing said in the red text anbove is dishonest - IF court action is taken then judgement against you IS recorded...etc. Its just said in a way that doesnt allow for them not to win - and of course they dont have to say they might not win.

It's dishonest because they are misleading the public into
thinking that the outcome will be XYZ ?

It's seen here most days with scared people who don't
understand the scare tactics ..... TOTALLY DISHONEST

beamerguy

Fredolow wrote: »

Thanks folks for your input and especially to Beamerguy for the informative links. So my take from this is to continue to ignore and see what develops. Equita, if no response or payment received, will have to take this back to PWE and let them know they've been unable to recover the fine. Then it's up to PWE to decide if they want to take this further and move to court. Is that correct?

Meanwhile it would be worthwhile scanning and forwarding this letter from Equita to Sir Greg Knight and my local MP?

YES ... IGNORE. If the PPC wants to take it further, they
will send you a LBA (or one of the dodgy legals will) which
must comply with the law giving you 30 days to respond and
providing proof of their claim.

IF ... that happens come back here

PS: Your MP and Sir Greg Knight should be copied in

FOR YOUR MP
https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill