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cancelled cheque to parking eye


spewy
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  • 2 weeks later...

thanks everyone on this forum.i got a letter from met yesterday and this letter goes to prove that these guys are cowboys. i sent them an email to say that i have cancelled the £50 cheque i sent them and that they should contact the driver of the vehicle at the time.

they sent a reply to say they have received my appeal(was my email an appeal?? well) and that they will investigate.i ignored the email as adviced on this forum.

i did not hear from them till yesterday. the letter said that as the owner of the car i am still responsible for the ticket.they adviced that i pass on the ticket to the driver of the vehicle at the time of offence.if not they MAY take me to court or get ccj against me etc etc (ok i look forward to that).

 

then at the end of the letter they say 'please note we have got payment for this offence and so we declare the case closed'

hang on!!!!!! i cancelled the cheque two weeks ago and i checked and checked again yesterday.its cancelled.

 

anyway i am glad they closed the case. i suppose that is what is important as far as i'm concerned.this just goes to show that this company just tries it on.thanks everyone for your help.

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thanks everyone on this forum.i got a letter from met yesterday and this letter goes to prove that these guys are cowboys. i sent them an email to say that i have cancelled the £50 cheque i sent them and that they should contact the driver of the vehicle at the time.

 

Good.

they sent a reply to say they have received my appeal(was my email an appeal?? well) and that they will investigate.

 

:lol::lol::lol:

 

i did not hear from them till yesterday. the letter said that as the owner of the car i am still responsible for the ticket.they adviced that i pass on the ticket to the driver of the vehicle

 

I could not have resisted the temptation to write back and tell them, 'yes I have passed it on to the driver'.

at the time of offence.

 

Offence what Offence????

 

if not they MAY take me to court or get ccj against me etc etc (ok i look forward to that).

 

then at the end of the letter they say 'please note we have got payment for this offence

 

There it is again, what bloody offence are they talking about?

 

and so we declare the case closed'

hang on!!!!!! i cancelled the cheque two weeks ago and i checked and checked again yesterday.its cancelled.

 

anyway i am glad they closed the case. i suppose that is what is important as far as i'm concerned.this just goes to show that this company just tries it on.thanks everyone for your help.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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  • 11 months later...

In the case of Parking Eye in Aldi's there is a problem if they take someone to court and loose. The legal precedent has then been set this will ensure that all other similar parking cases will be set against the precedent. So it unlikely they are willing to risk this otherwise it would have happened a long time ago, has anyone heard of one of these companies going to small claims for a parking issue?

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In the case of Parking Eye in Aldi's there is a problem if they take someone to court and loose. The legal precedent has then been set this will ensure that all other similar parking cases will be set against the precedent. So it unlikely they are willing to risk this otherwise it would have happened a long time ago, has anyone heard of one of these companies going to small claims for a parking issue?

 

Successes in the County Court do not set Precedents. They just give similar cases a persuasive tool for the argument.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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  • 2 years later...
A cheque is a legal promisary note and that promise cannot be withdrawn. If you think it has been paid in error, then you can attempt to claim it back, but if Parking Eye have their finger on the pulse, they will good grounds to pursue you for payment.

 

Well the bank let me withdraw it and parking eye did the usual handful of threatening letters and then gave up. Long time ago now and had had no more from them.

Edited by spewy
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I'm sorry to rain on the parade here - but stopping the cheque is a very risky thing to do.

 

Suing on a cancelled cheque produces an almost automatic win - there is almost no defence and I fully expect that if Parking Eye decide that they are not going to get the entire charge from you, that they will go ahead and at least sue on the cheque and get a judgment for the value plus the claim fee plus the reasonable cost of travel.

 

Of course, the cheque should not have been sent in the first place but once it was sent, then it was probably too late to cancel it.

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Suing on a cancelled cheque produces an almost automatic win - there is almost no defence and I fully expect that if Parking Eye decide that they are not going to get the entire charge from you, that they will go ahead and at least sue on the cheque and get a judgment for the value plus the claim fee plus the reasonable cost of travel.

 

They might not necessarily get judgement. Should a court claim be issued by Parking Eye, then the OP has no option but to issue a counter-claim.

 

But lets hope that this doesn't happen.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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Excel did take somebody to court a couple of years ago over a cancelled cheque, but they didn't follow it through and the case was initially struck out. The case was re-listed. The OP had to pay Excel, but the judge did state that if the OP had been actually shopping on the site, then the sum demanded would have been classed as a penalty.

 

Page 6 onwards of this thread gives details of conclusion of the case:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296990-Excel-Parking-Court-Summons-for-cheque-laterly-cancelled-as-not-a-legal-parking-charge-**WON**

Edited by DBC
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They might not necessarily get judgement. Should a court claim be issued by Parking Eye, then the OP has no option but to issue a counter-claim.

 

But lets hope that this doesn't happen.

Counterclaim for what?

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Why are we resurrecting a thread where the last post was over two years ago,

surely PE have LONG since given up ??!

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If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

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I'm glad you said 'we' lol

 

Just sayin !! :-D

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

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