POPLA appeal rejected

Umkomaas

I am not taking up their extremely generous offer. I would rather want to present them with my counter claim for costs!!

How much and on what basis?  I'm not confident about the prospects of success given your next sentence. 

I am not a legal person and if I used your template I would probably only understand half and if I had to quote any of this in a hearing I would probably start a disastrous process and talk gobbledygook.

My letter back to PE must have crossed with an offer letter they sent reducing the ticket to £60 with a prejudice to cost heading.

I'm not sure you'll get to pay them much less to avoid this going to court. They will have paid POPLA £35 for dealing with your appeal, £2.50 to the DVLA to acquire your details and a few pounds on admin and postage. Your choice - are you up for the research and work in defending yourself in court when it will be £175 in play?

Le_Kirk

Gazdok said:

My letter back to PE must have crossed with an offer letter they sent reducing the ticket to £60 with a prejudice to cost heading. I am not taking up their extremely generous offer. I would rather want to present them with my counter claim for costs!!

Did you mean: -

£60 without prejudice save as to costs heading.

Gazdok

I am going to defend myself. But I wished legal language was english and not foreign.
They are offering £60 now.

Umkomaas

Gazdok said:

I am going to defend myself. But I wished legal language was english and not foreign.
They are offering £60 now.

How much would you be prepared to pay them to cancel?  Or are you not prepared to pay them a penny?

Gazdok

Nothing!!
I paid for my parking and this is a vigilante claim.

Redx

then you will have to tell it to a judge, and if you lose in court it will cost you £175 or so

not understanding the legal jargon wont help but is no defence , you are free to hire a lawyer to represent yourself like they do, but that will cost you hundreds of pounds you cannot claim back

be realistic and also know your enemy (Beavis lost 3 times and he thought the same)

ps:- you dont put in a counter claim for costs

you put in a summary costs assessment along with your witness statement plus your exhibits at the appropriate time

D_P_Dance

Most legal concepts are explained in Wiki, the judge is not expecting you to be a QC.  In your case I would not expect much legal language is necessary.  

Coupon-mad

Gazdok said:
I had parked at a small and a bit shabby - didn't know this in advance - hotel where I had booked parking for 2 consecutive days to attend a conference. I did not stay at the hotel. I had called the hotel reception beforehand and on the day to check for directions and was told where to park - behind the hotel.   On both days I parked there and reported to reception both days and was told that it was o.k.
A week later I received a ticket for ONE of the days but never for the other.

After the POPLA rejection...
''I note that the appellant says that he had pre booked parking via ‘yourparkingspace’ for a two day conference at the site. The appellant has provided evidence of the booking receipt, showing that he made a payment on the x xx 2019 at the cost of £4.25 at the location of ‘xxxxxxx  City Council, xxxxxxx’. Whilst I can see that the appellant has made a payment that day, this payment was not made for the car park he was parked in. The receipt he has provided shows that he paid for a council car park. The car park he parked in was not council, it was private land where the option to pay via yourparkingspace’ was not one of the payment methods. I appreciate that he was told by the hotel that his car was okay to park on site however, he was misadvised. The appellant was only able to park on site if he made a payment to Parking Eye, who was the operator. The appellant was to make a payment of £4 which would have allowed up to 12 hours parking. There are different payment methods available at this site, one of them being the ‘paybyphone service’. It is clear from the evidence that the appellant has mistakenly made his payment to the council and not to the private parking operator...''

...I had another conference close enough by this hotel - 15 miles away - and I decided to make a detour and go to the hotel again. I told reception staff and they were surprised I got a ticket and said I was the first one apparently they have heard of.... They told me that the terminal to put the registration in is behind the desk and only accessible to hotel staff and that my online booking should automatically have triggered an entry into this white list. I also asked why I did not get a reply to my email in November and was told that that was an old email address and not in use any more - it is still published on the hotel website. 

On this day in March the reception lady wrote an email to PE requesting to cancel the PCN and 2 weeks later PE replied "No" because I had been rejected by POPLA. Another email request to cancel the ticket was made in April by the hotel as I was a guest at the hotel but PE refused the landowner's request again saying that they could not now cancel as they had already incurred costs.

I then got a Letter Before County Court Claim and sent this off this week - I had not seen your version, but I still replied on 3 pages but not very legalized english.

That's OK.  At least you responded.

My letter back to PE must have crossed with an offer letter they sent reducing the ticket to £60 with a prejudice to cost heading. I am not taking up their extremely generous offer. I would rather want to present them with my counter claim for costs!!   I am not a legal person and if I used your template I would probably only understand half and if I had to quote any of this in a hearing I would probably start a disastrous process and talk gobbledygook.

Don't use legalese.  
And the template defence isn't for ParkingEye cases, and you don't have a court claim yet. 

What will happen next??

A Court claim, because you paid for the wrong car park.  you parked in the right place but you mae an online payment for a different, Council car park.  You have no grounds to counterclaim for costs.  You didn't pay ParkingEye, you somehow paid for a different location.

Are we heading for court?

Yes, unless the hotel try a third time - or if they will pay the £60 as a goodwill gesture.  Why not email ParkingEye back again and offer £30?

I am not sure you would win this in court, as you paid for a different site, which was a Council one.

Gazdok

Coupon-mad said:

.......

What will happen next??

A Court claim, because you paid for the wrong car park.  you parked in the right place but you mae an online payment for a different, Council car park.  You have no grounds to counterclaim for costs.  You didn't pay ParkingEye, you somehow paid for a different location.

Are we heading for court?

Yes, unless the hotel try a third time - or if they will pay the £60 as a goodwill gesture.  Why not email ParkingEye back again and offer £30?

I am not sure you would win this in court, as you paid for a different site, which was a Council one.

Just to clarify, I did park in the correct place. I confirmed this with the landowner. They received the confirmation email from the online parking site.
The online parking site sent me a confirmation email with the details - phone number of reception and a member of staff as contact person - of the land owner. The place used to be council owned and is still referred to by the old name or title.

And NO I did not pay parking eye but the hotel seems to renting out the car park not just to parking eye.

Gazdok

Can I just get some advice. I have not heard from parkingeye since the letter offering a reduced "price" which I ignored.
Has parking eye stopped "trading"? Have they stopped their activity during corona?
Are courts still working?
I feel like being held on a long leash by pp and left to wiggle a bit like a fish... Do they have to complete or can they keep me hanging in there?
Not that I wished anyone bad Corona, but parking eye would be a good test bed.