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Parking Eye Fine

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  • sweetgem
    sweetgem Posts: 110 Forumite
    So I got a letter on the 2nd July that the claim had been transferred to the local county court centre for allocation. Then on the 22nd July I got a letter Notice of transfer of proceedings and the claim has been transferred to another county court in an adjoining county.

    Then on 13th August I got a letter of Notice of allocation to the small claims track ( Hearing) stating the claim will be heard at my local county court? Really confusing.
    It states the hearing will take an hour.
    It also states that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing. But there is yet no date of the hearing on the letter. The letters envelope did not have any court address marked on the front and it was 2 copies stapled together so I’m not sure if Parking Eye sent this to me?

    How long now would you estimate a date for the hearing?
    Thank you
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Call the court to which the case has been allocated and ask them to check if a date has been set, and may have been omitted from your paperwork.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • sweetgem
    sweetgem Posts: 110 Forumite
    It does state the parties are encouraged always to try and settle by negotiation. This has bee going on for a year now. I would much rather settle out of court as I would have to lose a day of work and wouldn’t get paid. Can you advise how I can negotiate.
  • sweetgem
    sweetgem Posts: 110 Forumite
    Called the adjoining court. They just deal with the admin. So it will be heard at the loacal county court. She gave me a date beginning January 2020.
    I asked her a few questions She said they are relentless in pursuing their claims and turn up to the hearings. and they have so many coming through daily. They want you to be scared and pay up or are happy to go to court.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    sweetgem wrote: »
    It does state the parties are encouraged always to try and settle by negotiation. This has bee going on for a year now. I would much rather settle out of court as I would have to lose a day of work and wouldn’t get paid. Can you advise how I can negotiate.
    you email their enforcement team making a without prejudice offer of settlement out of court, for a sum you decide

    So maybe offer £30 , they may come back with a higher figure, but you may get away with £60 after some ping pong

    The local county civil court would be correct, and PE do go all the way, as can be seen with Beavis
  • Is there a template letter I can follow please
  • Le_Kirk
    Le_Kirk Posts: 24,637 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    sweetgem wrote: »
    Is there a template letter I can follow please
    There won't be one written in the NEWBIE sticky but search the forum using keyword(s) such as without prejudice, settlement, out of court, agreement etc. and see what you come up with. If nothing comes up just write what you want, along the lines of "I don't want to pay your exaggerated claim of £xx but I am prepared to offer £yy in full and final settlement."
  • sweetgem
    sweetgem Posts: 110 Forumite
    Ok so I offered £30 and they came back asking for £125 :rotfl:
    What should I do ?
  • Le_Kirk
    Le_Kirk Posts: 24,637 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It's a mediation (also known as negotiation) so it is, as advised by Redx above, a case of ping pong until you reach a figure upon which you both agree or it goes to court, where a judge will decide if you have to pay anything.
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 1 October 2019 at 9:25AM
    Okay, I know you probably think it's too late ... it may be. But a last ditch attempt to lay it all on the line to the CEO is in order. Neither the Keeper or the Driver have anything to apologise for. Keith Barr needs to know that a visit to Holiday Inn resulted in patrons feeling like they're going out of their mind with worry.

    I suggest something like the example I've posted below. I think I probably have enough posts to my name for you to trust me with details / facts to add to it if you want me to. Not your real name / address or any identifying information just a summary of P.E.'s & debt collectors' actions so far and anything else you think needs including. The effect on your health needs to be described clearly.

    Alternatively you may wish to do this yourself or get help from a friend. I'm just assuming that dyslexia makes this kind of thing difficult for you personally and will help if I can.


    To:
    keith.barr@ihg.com.

    Dear Keith Barr,

    on (day) August 2018 I visited Holiday Inn (name of hotel & area) with (number) colleagues for a short meeting. We met in the bar and were there for just under an hour. We all bought refreshments, costing, I would estimate, approximately £x . I spent £x and paid with cash. (If there have been other meetings there, say so).

    Subsequently, I received a Parking Charge Notice from Parking Eye. There had been no intention whatsoever to avoid paying for parking. It is not denied that the driver didn't pay for the hour's stay, but this was due to a range of factors including poor signage and the driver's dyslexia. Had there been an opportunity to pay retrospectively, that would have been done very willingly.

    Since this most unfortunate day I have been hounded by Parking Eye and their associates. Their intimidatory behaviour and the sheer injustice of the demand for a large charge in these circumstances has contributed to my refusal, as Registered Keeper of the car, to pay the 'fine'. However this situation has taken its toll. The case is now going to court, I face a court appearance, my health has suffered.

    What started as a principled stand against injustice has now become a nightmare. I am shocked at just how punitive and underhand a parking company can be when pursuing a charge. The car was, after all, parked for a legitimate purpose by patrons of Holiday Inn.

    etc. etc. etc. with much more 'meat' (facts) on the bones.



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