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    • Klown
    • By Klown 10th May 19, 10:59 PM
    • 14Posts
    • 1Thanks
    Court claim PE
    • #1
    • 10th May 19, 10:59 PM
    Court claim PE 10th May 19 at 10:59 PM
    Hi All,

    I would appreciate some advice as I draft my defence for a case from Parking Eye.

    I parked at a hotel for an hour and didnít see the signs requiring a fee. I entered the hotel and had a meeting and left. There was a ipad device in the hotel that I couldnít fine that needed my vrn and £6. I had just moved house and was in the process of updating the DVLA. This happened in the early August. The hotel was in the middle of nowhere so Iím surprised they even charge for parking.

    PE sent an NTK to my old address and many subsequent letters. On October 1st, I received a letter at my new address asking for the £100 which I ignored. The original NTK was not sent with this letter but it stated that they informed me in mid sept that I had become liable as the keeper for the offence which took place In early aug. It mentioned POFA. I ignored this.

    I then received a LBC. At this point I emailed PE stating that the that POFA 2012 didnít apply as i was informed after 14 days from the incident. They emailed back to say things were on hold.

    At this point my job changed and I no longer had access to my old email address. I received no further letter until a small claim court letter turned up. I requested a SARS and it looks like they emailed me back a month after my email to say that they didnít accept my response. As I didnít get any reply I assumed they had just given up.

    The SARS also has the NTK saying that the incident was indeed on early August but the NTK was issued a couple of days later. Of course it has my old address on it.

    So in addition to unclear signs and the hidden ipad, I was wondering if I should complain about the process they followed? Or is it my fault for moving house and then changing email address?

    Also is my POFA 2012 defence not worth pursuing as the NTK is within 14 days of the incident even though I didnít receive it and the letter I did received said I had become liable as the keeper in mid September.

    Advice is appreciated. Thank you in advance.
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    • Klown
    • By Klown 13th Jun 19, 7:23 PM
    • 14 Posts
    • 1 Thanks
    Thanks Coupon.

    I will ask them for their further information.

    Is there a template for a WP £x offer email that I can use? It would be great to add a ďWP offers to settleĒ in a sticky thread as this must happen quite often for people who defend with the excellent advice offered on this board.
    • Klown
    • By Klown 13th Jun 19, 8:38 PM
    • 14 Posts
    • 1 Thanks
    Ok here is my reply to PE. I will send it off tomorrow just incase there is any comments on it.

    Dear Parkingeye,
    I received your letter dated 6th June 2019 stating that you are in receipt of new information (which must therefore include my personal data) and so I would like to see all the new information you have received as is my right under the previously submitted SAR. Please respond in a timely manner.

    In an effort to bring this matter to a close, I would like to offer you £3 (on a without prejudice basis), as I am aware that you have NO legitimate interest. The £3 equates to the parking fee required for my 1h 16min stay. I was of course prepared to pay the £3 at the time, it was just your fault that the unexpected keypad/pay machine and terms were our of plain sight.

    Best wishes,
    • Coupon-mad
    • By Coupon-mad 13th Jun 19, 11:24 PM
    • 76,841 Posts
    • 90,197 Thanks
    It would be great to add a “WP offers to settle” in a sticky thread as this must happen quite often for people who defend with the excellent advice offered on this board.
    No, it's REALLY rare for us to say to make an offer but it makes so much sense for you, as long as you limit it to £6.

    Or was it £3?

    Don't say 'my' and 'I' if you are minded to rely on the POFA as part of your defence:

    for my 1h 16min stay. I was of course prepared to pay the £3 at the time,
    The email should be headed WITHOUT PREJUDICE SAVE AS TO COSTS and sent to;
    Last edited by Coupon-mad; 15-06-2019 at 12:41 AM.
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Klown
    • By Klown 14th Jun 19, 9:21 AM
    • 14 Posts
    • 1 Thanks
    On review it was actually £3. Thanks!
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