District Enforcement Ltd citing ParkingEye Ltd v Beavis

splurgegun

ok, I didn't read the FAQ sorry, I used an old template from my last "infringement" from 2014 so have admitted that I was the driver

In my appeal, my defence for non-payment was that their charge notice didn't state time of entry or exit and didn't state the grace period.
I also stated that at the time the carpark was less than half full so there was no loss to the landowner (which I understand to not be relevant any more)

In their reply to my appeal, they have provided additional information including the time of entry and exit but still do not state the grace period.
(they also do not provide a photograph of the signage at the location)

they have not re-issued the Parking Charge Notice with the additional information

they say that it would be a gross injustice if they did not apply the same criteria to myself as they had done for others

for the sake of consistency they must apply the law uniformly and therefore the charge must stand, apparently 


any ideas on where to go now?


thanks and sorry again for not reading the latest FAQs

Coupon-mad

Ignore them and resist the urge to tell the (forum notorious) Mr Kurpil where to put his 'gross injustice'.

IMHO this is a horrible firm but we don't hear of them suing people these days.

fisherjim

I wonder what "law" the idiot is referring to seems like they are getting above their station to me!

B789

splurgegun said:

for the sake of consistency they must apply the law uniformly and therefore the charge must stand, apparently 

Sods Law or scammers law, maybe.

Umkomaas

fisherjim said:

I wonder what "law" the idiot is referring to seems like they are getting above their station to me!

Well, old Dyl is an ex-policeman and an erstwhile law graduate of Staffordshire University.  Surely he can't be wrong? 🫣
https://www.insidermedia.com/news/midlands/44591-law-graduate-trio-clamp-down-parking

Coupon-mad

When he first set up his little scheme with District Enforcement, the back of their NTKs impersonated a Police NIP.

He also left the Police quite young. No idea why.  Just saying.

1505grandad

"I wonder what "law" the idiot is referring to .........."

Probably the same "law" as in this article:-

https://www.msn.com/en-gb/cars/news/electric-car-owners-warned-of-laws-surrounding-private-parking-tickets-as-fines-soar/ar-AA19nwvp?ocid=U148DHP&pc=U148&cvid=62a81deda4874b2abffec038fecbf2ec&ei=16

"Electric car owners warned of laws surrounding private parking tickets as fines soar"

"Unfortunately for EV owners, the expert stressed that if they receive a parking fine after breaking the law, they will have to pay it."

Coupon-mad

Idiot expert!

splurgegun

Hi,  OP here,  today I received a "notice of impending court action" from District Enforcement

It is dated "06th" [sic] April, received today, 15th April, it says "if payment of £100 is not received by 20th April (14 days from the date of this letter) legal proceedings will commence and judgement will be sought"

the letter makes reference to the Independent Appeals Service (www.theIAS.org)

my original appeal to their Parking Charge Notice was on the basis that it did not include time of arrival or a grace period

what should I do in response to the "notice of impending court action"

thanks

Umkomaas

what should I do in response to the "notice of impending court action"

Nothing. It's a debt collection letter. Await a Letter Of/Before Claim from their solicitors, giving you 30 days to respond, or a county court claim from the Northampton CCBC. If you receive either, please read the NEWBIES FAQ Announcement, second post, which advises how you should deal with it, come back to this thread if you need more advice then.

Coupon-mad

If you previously appealed or told them why you dispute it, I'd reply and say:


Dear Sirs,

I refer to your latest epistle, ref xxxxxxx.

You know I dispute this charge and I'm unimpressed by alarmist template letters that don't even attempt to meet the pre-action protocol despite your gov'nor being an ex copper who should know full well that judgments can't just be 'sought' without the small matter of filing a coherent claim and defeating my defence first.

The position is this: if you still think you have a cause of action bring the £100 claim to court now. Your letter says you will, so don't faff about and waste any more of my time.

Do not pass go, do not add the fake £70 'fee' that you've never incurred and the Government called 'extortion' and intends to ban.

Specifically, do not pass my case to a bullyboy debt collector to string it out and disproportionately inflate the claim, when we all know that fees are already capped at £50 on the small claims track and debt collectors can't double it, not even when they use the veil of legitimacy of a legal firm's name.

Put up or shut up.

yours faithfully