ASDA agreed to cancel parking ticket but ParkingEye pressing for payment

London95time

@Coupon-mad

>What I would do is prepare a LBC to Asda and attach a copy of it for PE to read as well as actually posting a copy to Asda. .. Encourage PE to return your cheque and cancel the PCN

If I send PE a copy of the (ASDA) LBC and encourage to return the cheque, I can see one potential problem with this approach. PE could not cash the cheque and could keep the £70 payment outstanding (active PCN) on their records. In this case situation would stall and I might not easily take action against ASDA ... do you agree or is this not really a problem and I am overthinking?

thanks

Jenni_D

If you have documented proof of sending them payment in lieu of their PCN and they refuse to accept that payment ... how do you think that would look in front of a judge should they be stupid enough to file a court claim? The judge would rip them a new one and (probably) grant you further costs for abuse of the court process.  

If they don't cash the cheque (and/or return it) then there won't be a court claim (IMHO), and the PCN will be cancelled.  

patient_dream

100% Jenni 

zhonguonuren

Coupon-mad said:

I would be putting Parking Eye on notice of what happened and that you will now sue their client for the money back. What you have drafted there is meaningless to them but saying you will sue their retail client and proving intent, will give more clout.

What I would do is prepare a LBC to Asda and attach a copy of it for PE to read as well as actually posting a copy to Asda.

Give both, say, 21 days to respond as you don't have to abide by the PAP, as such.  Encourage PE to return your cheque and cancel the PCN or you will litigate against Asda for promising to cancel it.

Do NOT NOT NOT send 'signed for' but obviously get proof of posting both.

Absolutely concur ! Mention harassment and anxiety also.   

London95time

great, thanks! I understand your line of reasoning, fully agree now.

Coupon-mad

Don't forget free certificates of posting and I would take a photo of the letters and completed cheque, as further proof of what went in those envelopes.

Make sure the cheque goes to PE!  They can't refuse full payment by cheque but they COULD be persuaded by your words to cancel the PCN and return your cheque as a goodwill gesture.

London95time

will definitely get free certificate of posting and take picture of everything!
This is the main text of the letter to PE. Shall I add anything else?
Thanks again, you guys are great and very helpful.

Dear ParkingEye Ltd,

Please find attached cheque ref. .... dated .../11/21 for the amount of £70.00 in relation to the ParkingEye Parking Charge Notice ref. ...., car registration ....

This payment is being made under protest by me as I do not agree or accept that I owe you this sum of money. I reserve the right to take whatever action is necessary to recover this money or to resolve the dispute about the sum of money which I am paying.

To this regard, I am also attaching a copy of the Letter Before Claim I sent today to your client Asda Stores Limited. I am encouraging ParkingEye to return my cheque and cancel the Parking Charge Notice above or I will litigate against Asda for promising to cancel it.

Coupon-mad

Perfect.  Go for it.

Half_way

If its not too late ( and if you haven't already) dont forget to add a little in your claim to ASDA  for your time and effort .

 And if it was me, and it was a local store although it would be a case of urinating in the wind it would give some satisfaction:

 I would go down to that ASDA visit the customer service desk and ask then to pay you the amount claimed in the  LBA/claim letter - and if they refuse add that in the LBA/complaint to ASDA HQ making sure to name the store manager/who ever is/was on duty.

 Might be futile, but i would certainly be making it as difficult for ASDA as possible

London95time

Compensation for time spent and for the distress was added. letters are now on the way... will keep you updated. thanks again for the great support.