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Parking Eye Court Claim Form - Please help
Comments
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I would be emailing their enforcement team with a settlement offer
I have already told you I see no defence worth pursuing
they will have this site wrapped tight seeing as they only took it over 6 months ago, so a new contract , new signs, no loopholes , so POFA2012 is likely to be the only chink in their armour, so was the NTK served promptly or after 15 days ? (I asked this before, you have not answered the question yet)
ps:- you were also told to contact that lady on facebook that helps out with parking cases in that area, she even featured on tv not so long ago, plus she was on breakfast tv helping those nurses in the Indigo case
CM mentioned her as softwaremad on here
I have just emailed PE.
Apologies, I did miss out looking at the original letter last night - I will look at it tonight.
I have also sent a PM to softwaremad.0 -
this is what the trust say on their website about the new arrangements, so clearly they will not be helping in this case
its made clear as day on their siteWill staff be fined if they park in patient / visitor car parks?
Yes, staff will be fined for parking in the wrong car parks. This will apply to patients / visitors who park in designated staff car parks. Please pay attention to the new signage as there will be some minor changes to some car parks (4, 6, 15, 22 and 3).
Will there be a maximum time to park for patients, visitors and contractors?
Yes, patient and visitor parking is available for four hours. If you exceed this time limit then you will need to register your number plate at one of the 40 terminals across site which allows you an additional four hours. Contractors will need to make special arrangement either via the Estates Department or the UHB Parking Office.
How much will the Parking Charge Notice be from 5 June?
Each parking charge notice is £70 and will be reduced to £40 if paid within 14 days.
If I receive a Parking Charge Notice in error how can I appeal?
There will be clear instructions on the back of the notice on how you can put forward an appeal. There are also full details on the Parking Eye website.
What are the arrangements for staff who work outside the core hours of 8am – 5pm?
Staff who have a permit for UHW will be able to park in either a staff or patient and visitor car park during the hours of 5pm – 8am. Please note, you must have a permit for UHW to allow you to park anywhere outside the core working hours. The core working hours are 8am – 5pm.
Where staff start work at 7am, they will need to ensure they are parked in the correct car park which is outlined on their permit.
I already outlined what the defence points could be for you, if you wish to go down that road, but nobody here will write your defence for you, we may have helped if you had taken it to popla but you failed to do so so you now have a bigger mountain to climb and 2 lost court cases that work against you
the reason you are up against the clock is of your own making, so nobody here will take responsibility for that, blame the person you see in the mirror, and learn from this saga as it wont be the last pcn you will face dealing with. these companies operate on too many sites !!
I am hoping that one of those contacts pans out for you but I can only see a negotiated settlement based on your words so far, because there is no substance behind those words, no facts , no legal arguments for your lack of action so far0 -
I have already accepted that it is my fault - I am unsure why you are being so strong with your words. You have helped and I am grateful for that. I am not blaming anyone here or asking anyone to write the defence. I was asking for guidance on the line to take. As you said, there isn't any - so I will take that and work towards a settlement. Thank you.0
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I am just trying to point out what I found when I researched your case yesterday, plus I have been coming here for 5 years and contributed towards the BEAVIS and UHW cases as well, so know a lot of stuff that you dont appear to know and am giving you (plus anyone else reading this case in the future) the benefit of that knowledge
I know that member BARGEPOLE was involved in the PE and INDIGO cases , and he hasnt commented on this thread, probably because he knows its a lost cause (like I do) - you have not received any replies at all from a qualified solicitor or a CILEX legal beagle like Bargepole
you are the first case I have seen at that site since PE took it over, so its all useful knowledge and may help somebody else in the future who has a pcn on that site, hopefully who will be wondering what to do about it and wont wish to make the same mistakes that you did
or do you not want others to learn from your mistakes ?
yours is a prime example of what not to do on that site , especially when you think about how the INDIGO saga affected all those others on the same site. its like groundhog day despite the change of parking company
get ahead of this, because so far you have done everything wrong, so learn from it. what happens if you get a PCN in a supermarket , or doctors surgery, or airport , or retail park, or some other establishment in the future (or your wife does) ?
that is what I want you to learn , not just about UHW , because they are all around you , hence why its important to check websites , check signage , check tickets , check the pcn and the date on the envelope - due diligence, plus to appeal and not IGNORE , not to put your head in the sand, not to put your fingers in your ears and sing LA LA until the gremlins go away (because they wont go away)
and I want everyone else that comes here and reads this to learn those things too
ps:- another option open to you is MEDIATION0 -
I am just trying to point out what I found when I researched your case yesterday, plus I have been coming here for 5 years and contributed towards the BEAVIS and UHW cases as well, so know a lot of stuff that you dont appear to know and am giving you (plus anyone else reading this case in the future) the benefit of that knowledge
I know that member BARGEPOLE was involved in the PE and INDIGO cases , and he hasnt commented on this thread, probably because he knows its a lost cause (like I do) - you have not received any replies at all from a qualified solicitor or a CILEX legal beagle like Bargepole
you are the first case I have seen at that site since PE took it over, so its all useful knowledge and may help somebody else in the future who has a pcn on that site, hopefully who will be wondering what to do about it and wont wish to make the same mistakes that you did
or do you not want others to learn from your mistakes ?
yours is a prime example of what not to do on that site , especially when you think about how the INDIGO saga affected all those others on the same site. its like groundhog day despite the change of parking company
get ahead of this, because so far you have done everything wrong, so learn from it. what happens if you get a PCN in a supermarket , or doctors surgery, or airport , or retail park, or some other establishment in the future (or your wife does) ?
that is what I want you to learn , not just about UHW , because they are all around you , hence why its important to check websites , check signage , check tickets , check the pcn and the date on the envelope - due diligence, plus to appeal and not IGNORE , not to put your head in the sand, not to put your fingers in your ears and sing LA LA until the gremlins go away (because they wont go away)
and I want everyone else that comes here and reads this to learn those things too
ps:- another option open to you is MEDIATION
I absolutely am grateful for all the advice and help. I wonder how many people these days give their time and effort to help someone else, particularly for someone who they don't even know. So, thank you and I definitely don't want anyone else making the same mistake that I have made.
Ok, so please don't flame me any more when I reveal this. I sat down this evening with all the paperwork and I missed something very important. My partner actually got 2 PCNs on two separate days. I didn't pay close attention to dates etc. just kept assuming that they were one and the same thing. So let me go one by one
1. The one we have been discussing was served within 10 days, don't know date of receipt but I assume it satisfies the within 14 days thing. You already know where I am with that. They have sent the following: Original notice, reminder for 14 day discount, Outstanding amount due letter, letter before county claim and then the county claim form. No debt collection agency business - all direct from PE.
2. The date of issue on this is more than a month after the date of the alleged event. I haven't received any court related paperwork here. But interestingly, the route they have taken on this is totally different: After Final Notice, no Letter before County Claim - instead 3 letters from a company called Equita calling it a Sundry debt claim and the amount is different too - £130. I am wondering where I stand on this one.
Please, please don't flame me.
Oh and what is mediation - how does it work?0 -
the MCOL website explains how the court systems work , been like that for several years (like all government departments)
ok, for PCN 1 they delivered it within the POFA2012 timescale so the keeper (you) is liable for the invoice and charge. I assume it has the POFA2012 warning paragraph on the back ?
if so, my advice remains clear, negotiate, even if its at mediation , because I believe they have all their bases covered and its a slam dunk for them , so try to minimise the damage with offers to settle out of court, and/or mediation
for PCN 2, it seems they missed the POFA2012 deadline so the POFA paragraph will be missing (compare the two), this means the keeper (you) is not liable , hence why they gave it to their in house debt collectors (equita) - this could mean they wont chance their arm in court , because you will defend yourself by using the law, named POFA2012
this would have been a slam dunk for you at popla if you had appealed it, what we call a "golden ticket" - ie:- the law is the law0 -
the MCOL website explains how the court systems work , been like that for several years (like all government departments)
ok, for PCN 1 they delivered it within the POFA2012 timescale so the keeper (you) is liable for the invoice and charge. I assume it has the POFA2012 warning paragraph on the back ?
if so, my advice remains clear, negotiate, even if its at mediation , because I believe they have all their bases covered and its a slam dunk for them , so try to minimise the damage with offers to settle out of court, and/or mediation
for PCN 2, it seems they missed the POFA2012 deadline so the POFA paragraph will be missing (compare the two), this means the keeper (you) is not liable , hence why they gave it to their in house debt collectors (equita) - this could mean they wont chance their arm in court , because you will defend yourself by using the law, named POFA2012
this would have been a slam dunk for you at popla if you had appealed it, what we call a "golden ticket" - ie:- the law is the law
You are an encyclopaedia! Yes the first one does have the POFA paragraph and the second one doesn't! So am I right to do the following:
1. If the enforcement folks contact me, negotiate and settle. If not, do the AoS (I only have 6 days to do it in) and hope for mediation after. How does mediation work?
2. Should I do nothing and expect it to go away or should I call Equita and tell them about failing the POFA. Will that stop them taking it any further.0 -
I would not be contacting Equita.2. Should I do nothing and expect it to go away or should I call Equita and tell them about failing the POFA. Will that stop them taking it any further.
Treat it as you would any debt collector's letter - ignore it.
It is widely thought that PE only pass cases to Equita that they realise they have no hope of winning in court, and all Equita will do is send threatening letters.
P.s. never call anyone. Email or letter only.
Their trick questions could lead you into saying the wrong thing.0 -
1) yes, that sounds ok to me
2) no , await a formal LBC and/or an MCOL in the post , then reply or acknowledge as required (or let it time out after 6 years)
mediation is usually a phone call with a court appointed mediator and both of you on the line, it is their job to try and get you both to settle
I did tell you to check the MCOL website, also try google, its nothing new and the process is well documented
personally, I have never done any of this, but I have picked up a lot on here in 5 years and have helped thousands of people in that time , free of charge. so its experience, and reading and research , nothing more
I have contributed to the nurses fund at UHW, also contributed to the BEAVIS case, both of which lost, but we tried
I also responded to the DCLG public survey 3.5 years ago (nothing was done by them at all), and have written to my MP and encouraged him to support Sir Greg Knight and his new parking bill
https://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html
anyone can do this, its getting them off their a**** and pitching in that is difficult
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Many thanks to both of you Redx and KeithP for helping me out so late in the night. Will follow your advice as stated. Will follow the MCOL route for 1 and see how I get on. Will report back on progress.
Your passion to help inspires! Thank you again.0
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