Updated Success Settled, Myself Taking Parking Eye POPLA or Parking Site owner to court

patient_dream

Terry1931 said:

So before we proceed let's establish exactly what a satisfactory posting will achieve. 

A copy of the email Parking Eye sent you, so simple

KeithP

Terry1931 said:

So before we proceed let's establish exactly what a satisfactory posting will achieve. 

My guess is that it will achieve respect for you from all the doubters.

D_P_Dance

Several apologies prerhaps.

bargepole

I'm sure that the OP genuinely did get the refund from Parking Eye, I'm not doubting that.

However, this does not vindicate his suggested approach, or provide a template for other motorists to follow.

An unusual feature of this case was that there was no method of paying the £15, and that resulted in a PCN for £100. The PPC in this case was Parking Eye, who have their own in-house solicitors, and are known to be pragmatic and sensible when it comes to court proceedings. They would have known that they were probably on to a loser, and decided to get this off their radar.

Most other PPCs do not adopt that policy, especially when the likes of BW Legal, DCB Legal, or Gladstones are involved, and they will pursue cases, however hopeless, to the bitter end.

So a motorist could pay the initial PCN under protest, then bring a claim against the PPC for recovery of the money. He will have to pay a £35 filing fee (if under £300 claimed), plus a further £35 court hearing fee, with no guarantee that the claim will succeed. If he loses, he will have paid out at least £170, plus possible adverse costs, whereas had he waited for the PPC to bring the claim, and defended it with advice from this forum, he would most likely have incurred no liability at all.

It would take a very experienced and knowledgeable OP to go down the 'pay and claim back' route, and most new posters who land on this forum are nowhere near that standard.

D_P_Dance

... and most new posters who land on this forum are nowhere near that standard.

In fact some are totally  ill equiped to deal with such a situation 

Redx

I thanked the post that said the OP had received a settlement , there is no need for backslapping posts as well , not when the forum has a tool for the job

When I saw the refund post , I was of the same opinion as bargepole , that it can work with the right situation and certain parking companies , like Parking Eye for example. But not in the vast majority of cases , certainly not in the 7 million PCNs or more issued annually, so not the answer in most cases ! Definitely not in millions of cases !!

Even a broken 24 hour clock is right once a day , so was the outcome in this bespoke case , but the vast majority of cases come under the other 23 hours 59 minutes of doesn't work or won't work or just foolish !

As for the gender assumptions , it's a case of improper research and placing foot in mouth before engaging gear ! Apologies should have been forthcoming on that aspect !

I have seen numerous incorrect assumptions and fiction posted by the op on this forum in less that a fortnight , many of which have been shot down ! So a clear case of check the facts before posting , in any discussion

So congrats on getting your case sorted out , but one man's meat is another man's ( or woman's ) poison , unless they are trapped in the same situation , so if that is me I will consider your bespoke approach to the conundrum, but not for the rest !

If you posted a poll about it , on here , or one about your advice in other non similar threads and discussions , you would soon see a drubbing , one that favours the old sage , wise owl approach , with tried and tested systems that have been honed over a decade

Sir Nicholas Bowen QC did not follow the route that the op has done , so although it may work in the odd case like this one , as frustration of contract , it won't work for airports , train stations , ports , Manchester Metrolink stations , retail parks , supermarkets , McDonald's , KFC , Starbucks , hospital's , doctors surgeries , residential areas , almo's , red routes on private property , the bay traps just off public roads like the ukcps Piccadilly Manchester sc*m , etc etc

Maybe next summer onwards there will be new or different approaches , especially as coupon mad , Bargepole and many others behind the scene are influencing government departments like the Mhclg Abd also MP s etc

D_P_Dance

IMO OP was lucky to have chosen PE to go up against.  They employ solicitors to advise them and I am sure they would have advised them to settle.  

FingersLily

Could you please post the email as promised?

Thanks very much

Terry1931

As I might have expected it is only Bargepole who is not Obtuse and has actually acknowledged what I have been saying.

The approach and advise to not pay but do not ignore tends only to be half noted and to be interpreted by many that they will not be chased for the charge at some time in the future, a quite distant future sometimes .

Also it promotes a less than rigorous and realistic appraisal of the motorists own position and ability to win. 

Making that honest decision EARLY is good.

If the grounds for winning are good it makes no difference what you do. Wait for the Parking operative to come chasing or pay and counter claim. 


This is what Bargepole acknowledged.
If there is indeed a fair correct charge that is due £15 , there is frustration of contract, and the operator refuses and wants more in the PCN, there is no way to pay the fair amount, and regard the matter closed. You have to pay the full amount to close their PCN quickly.

There are a good proportion of PCN that fall into this category. 

I also explained that in my circumstances I did not want a PCN to be left unpaid and to return to me at some future inconvenient date. Maybe out of the country or working away or any otherwise busily occupied. I wanted it sorted out now on my terms. Despite explaining I wanted it sorted soon, I was still advised I was doing the wrong thing and would NOT succeed. 

The old sages refused to see the benefits of such an approach. Allegations of myself  being a Parking Operator stooge, And being shouted down whenever I make suggestions to posters there may be another way to deal with certain types of parking charge circumstances. 

Terry1931

D_P_Dance said:

IMO OP was lucky to have chosen PE to go up against.  They employ solicitors to advise them and I am sure they would have advised them to settle.  

Oh the perfect 20/20 vision of hindsight you have. You knew those facts back along, it was mentioned, it was not Luck, so why didn't you say that back when I was discussing it