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san649

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About san649

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  1. We send all our evidence in as I working anyway,y so even if this is the case it wont matter
  2. Yeah, we did it. Held our ground like you advised and we got a letter this morning saying they will drop the case :) Thank you for all your help, as promised I will give a donation x
  3. Got a letter from them yesterday saying if I pay the £50 by 9th March the will stop court preceding's, tempted as if I lose I will have to pay £160 plus costs???
  4. I have already replied my defence once with something some one give me, it is as follows; 1) It is admitted that the defendant is the owner of the vehicle 2) The defendant denies being the driver of said vehicle, 3) It is denied that the claimant entered into a contract with the defendant. As hepd by the upper tax tribunal in vehicle control services limited v HMRC (RO12) UKUT 129 (TCC), any contract requires offer and acceptance. The claimant was simply contracted by the landowner to provide car park management services and is not caable of entering a contract with the defendant on its own account, as the carpark is owned by the terms of entry set by the landowner. Accordingly, ikt is denied that the claimant has the authority to bring this claim. The proper claimant is the landowner who has informed the driver of the said vehicle that they had the right to park there and canceled any fine. 4) Alternatively even if they was a contract, the provision requiring payment of £85 is an unenforceable penalty clause as the claimant is not the landowner and suffers no loss what so ever as a result of parking overstay.
  5. Actually sorry that was sent in the first letter they sent me with a picture of my wife, they is nothing wrote on the county court letter only that parkingeye is the Claimant. I rang the court today to ask what POC were and she just said they taking you to court for money they say I owe and that's the particulars!!!! So I seconded guessed what you wanted and wrote the above.
  6. after digging around to see what the POC are I think your asking me the following as nothing appears on the county court claim form but parkingeye sent the following: On the 27th June vehicle. entered Morrison's car park at 19;04 and departed at 22;02. The signage which is clearly displayed at the entrance to and throughout the car park, states that this is private land, the car park is managed by parkingeye Ltd, that the maximum free authorised stay is 2 hours 0 minutes, along with other terms and conditions of the car park by which those who park in the car park agree to be bound. By remaining at the car park for longer than the stay authorised or without authorisation, in accordance with the terms and conditions set out in the signage, the parking charge is now payable to parkingeye ltd (as the creditor) You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of freedoms act 2012 that the driver of the motor vehicle is required to pay the parking charge in full. As we do not know the drivers name or postal address, if you were not the driver at the time, you should tell us the current postal address of the driver and pass notice to them. You are warned that if, after 28 days from the date given (which is presumed to be the second working day after the date issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you. This warning is given under paragraph 9(2)(f) of schedule 4 of the protection of freedoms act 2012 and is subject to our complying with the applicable conditions under schedule 4 of that act. Should you provide an incorrect address for service, we will pursue you for any parking charge amount that remains. Should you identify someone, who denies they were the driver, we will pursue you for any parking charge amount that remains. Hope this is the info you were after, as I don't have any more, thank you so much again for any help given and as requested on this page I will make a donation.
  7. Thank you with your help so far, I will reply with POC tomorrow as I have not got them to hand right now.
  8. I am now going to court this month on the 18th of March and Im just about to write my defence, can anyone help!!! As I have no legal experience in anyway I am thinking of writing the simple truth of matter that it was an oversight that id left my car there as I live around the corner, and to have the privilege of living around the corner my council charge £75 a year, so I have no need to live my car in the car park. I spoke to morrisons about this, as I was shopping there and showed a receipt to prove it, and they got in touch with parking eye to pardon me. The only prove I have of this is an without prejudice letter from parking eye stating it was willing to settle for £60, which again I refused. Do you think this will be ok or is they a better way to ensure success???? Thank you in advance for any help offered.
  9. Thank you, Iv sent my defence in the day before this letter arrived so im just waiting to hear whats next now. On the new letter they have wrote "Without prejudice" this this mean I cant use it?
  10. Sorry to ask again but looking for more advice. PE have now sent me a letter to say they now know I was a genuine customer and will drop the court case if I pay £60, is it worth paying this or seeing it out though court and risk paying £150???
  11. Thank you so much for your response but im sorry to say I have no idea what those letters mean!!!
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