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Confused as to what date I write to ParkingEye?
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Gareth, not many people are going to bother reading that slab of text you have thrown at us.
If you want someone to read it can I suggest that you break it up into reasonable sized paragraphs?1 -
You never told us if the first PCN was a POFA one. If it was, then appealing saying it wasn't POFA compliant was not going to win.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 THREAD1 -
garethpick said:Any advice on whether I should continue to fight? Might be easier to throw in the towel and pay the £100
Don't really want the hassle of more letters, County Court Summons, bailiffs, debt collectors etc. etc.
MCOL is used to file a court claim , which they may well do and have 6 years to do so , a typical loss in court is less than £200
As for pay or fight , that is your choice to make , not ours !! But if you are willing to fight , consider the legal grounds , because you will need to win on a legal point , a summary is below
No Landowner authority
Poor and inadequate signage
Forbidding signage
POFA
CRAThe relevant CoP at the time of the incident
Your Popla appeal case revolved around the same legal points , yet failed , so you better have a good argument for any future court claim case. Do you ?1 -
Of course it is easier to pay, but it is a scam. Many judges regard this as a waste of time and throw out such cases. Bide your time, and if they take you to court, in your defence mention de minimis and poor signage
https://uk.practicallaw.thomsonreuters.com/1-382-3382?transitionType=Default&contextData=(sc.Default)&firstPage=true#:~:text=De Minimis-,Related Content,of the breach is negligible.
https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1
You never know how far you can go until you go too far.2 -
The crucial question now at this stage is whether, in the event of non-payment, PE will issue court proceedings (or whether they have landowner authority to do so). You will only be able to determine the above by waiting to see what their next move is.A Letter of Claim (or similarly titled) from PE will be the first stage, but that doesn't necessarily mean they will sue, often LoCs are issued as frighteners. If you want to see this through for a bit longer, hold back and see if you receive a LoC, then come back for more advice.It's a bit of a game of Poker from here on.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 Street2
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