CCCF - Parking Eye - Holiday Inn Reading

Le_Kirk

All paragraphs require a number. There is more to the Abuse of Process thread that you can use or you can save it for the Witness Statement (WS) stage just make sure you read it, as it supports your case.

littlefinger

KeithP wrote: »

That's not right.

Please read again what I wrote in post #8 above...

That's still three weeks away.

Complete missread on my part, thank you!

littlefinger

Le_Kirk wrote: »

All paragraphs require a number. There is more to the Abuse of Process thread that you can use or you can save it for the Witness Statement (WS) stage just make sure you read it, as it supports your case.

I will add numbers to the paragraphs, thank you.

I will also look into the other abuse of process threads and see if I can add them to my defence, after all I do have 3 weeks left until the deadline so may as well make the defence as strong as possible!

Thanks!!

littlefinger

Update,

The hotel have responded to my request for them to get ParkingEye to remove any charge. They have stated "as it has got to this stage (county court claim stage) we or Parking Eye cannot cancel the charge however as a loyal guest we will reimburse you the full cost of £175.00 you have incurred as a gesture of goodwill on this occasion".

I have not yet submitted the acknowledgement of service. Shall i accept the charge, pay it and let the Hotel reimburse me and the issue is closed?

Cheers

beamerguy

littlefinger wrote: »

Update,

The hotel have responded to my request for them to get ParkingEye to remove any charge. They have stated "as it has got to this stage (county court claim stage) we or Parking Eye cannot cancel the charge however as a loyal guest we will reimburse you the full cost of £175.00 you have incurred as a gesture of goodwill on this occasion".

I have not yet submitted the acknowledgement of service. Shall i accept the charge, pay it and let the Hotel reimburse me and the issue is closed?

Cheers

Now that is total rubbish. This has happened with PE before and they tell the hotel they cannot cancel ..... PARKING LIE
This can be cancelled right up to the minute before you meet the judge.

Who is the boss here ..... The Hilton hotel or a parking scammer ?

You spend a lot of money with the Hilton, why the f*ck should you finance this ????

You have their offer, tell them to pay PE direct and the matter will be concluded. Failing that, you will involve them in any court action and further claim for your time and costs.

You must not put up with such rubbish. So, they pay PE direct and they get rid of Parking Eye who they already know are scammers

At least if you want to pay this scam, then find a another hotel group. You really should point out that ParkingEye have lied to them ??

littlefinger

beamerguy wrote: »

Now that is total rubbish. This has happened with PE before and they tell the hotel they cannot cancel ..... PARKING LIE
This can be cancelled right up to the minute before you meet the judge.

Who is the boss here ..... The Hilton hotel or a parking scammer ?

You spend a lot of money with the Hilton, why the f*ck should you finance this ????

You have their offer, tell them to pay PE direct and the matter will be concluded. Failing that, you will involve them in any court action and further claim for your time and costs.

You must not put up with such rubbish. So, they pay PE direct and they get rid of Parking Eye who they already know are scammers

At least if you want to pay this scam, then find a another hotel group. You really should point out that ParkingEye have lied to them ??

I thought it was a poor response from them. Thank you for the above. I don't want to settle or pay anything on the off chance that holiday inn (not hilton) refuse to then pay me after, in which case I'm £175 down. Thanks

beamerguy

littlefinger wrote: »

I thought it was a poor response from them. Thank you for the above. I don't want to settle or pay anything on the off chance that holiday inn (not hilton) refuse to then pay me after, in which case I'm £175 down. Thanks

Yes sorry the Holiday Inn ......

Well you have it in writing which means you can take them court.

Tell them that Parking Eye lied to them about cancellation and if they are prepared to pay, pay PE direct

littlefinger

beamerguy wrote: »

Yes sorry the Holiday Inn ......

Well you have it in writing which means you can take them court.

Tell them that Parking Eye lied to them about cancellation and if they are prepared to pay, pay PE direct

Thats exactly what I've said, PE also told them they had received no correspondence from me at all (which is incorrect, i appealed) which i have also told them. Hopefully Holiday Inn resolve and then it won't go to court but i'm ready for if it does.

The_Deep

[FONT=Times New Roman, serif]PE signs leave much to be desired. Many judges might find them insufficiently clear to form a contract, read this;[/FONT]

[FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading[/FONT]

[FONT=Times New Roman, serif]If this goes to court emphasize this in your defence, here is a successful recent court case.[/FONT]

[FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/discussion/5957364/first-parking-eye-appeal-unsuccessful[/FONT]

Coupon-mad

Are the HI saying they want proof you have paid this, before they will pay your compensation?

If not, then DO NOT PAY P/EYE but accept the £175 and tell the Hotel that it covers your costs if you lose the case, but they really need to end the contract, nationwide, as it is damaging their reputation.

Then crack on, but BTW the abuse of process thread does not apply to ParkingEye claims so no need to read it.

And remove all of this from your defence, which is otherwise very good indeed and you are likely to get a Judge inside, with the facts in your case:

Inflation of the parking charge and double recovery - an abuse of process

7.1. This claim inflates the total charges in a clear attempt at double recovery. The Defendant trusts that the presiding Judge will recognise this wholly unreasonable conduct as a gross abuse of process. It was held in the Supreme Court in Beavis (where £85 was claimed, and no more) that a private parking charge already includes a very significant and high percentage in profit and more than covers the costs of running an automated regime of template letters. Thus, there can be no 'costs' to pile on top of any parking charge claim.

7.2. In addition to the original penalty, the Claimants have artificially inflated the value of the Claim by adding purported legal costs of £50, which have not actually been incurred by the Claimant. ParkingEye Ltd have not expended any such sum in this case, given that they have a Legal Team with salaried in-house Solicitors and (shamefully) this firm whose main business is supposed to be parking 'management' as a service provision, files tens of thousands of similar 'cut & paste' robo-claims per annum. No genuine legal costs arise, per case, and their in-house Solicitors cannot possibly be believed to be paid in the millions per annum for their services.

7.3. The added 'legal' cost is in fact an artificially invented figure, which represents a cynical attempt to circumvent the Small Claims costs rules and achieve double recovery. According to Ladak v DRC Locums UKEAT/0488/13/LA, a Claimant can only recover the direct and provable costs of the time spent by legally qualified staff on actually preparing the claim and/or the cost of obtaining advice for that specific claim, in a legal capacity.

7.4.

So, take the money but continue to defend the case, and maybe donate the sum to charity once you prevail. And push the Head Office of HI to dump ParkingEye.

All good!