Parking eye court papers !!!!!!!

[dx100uk]

and he has used the word PENALTY opps!!

 

dx

[raydetinu]

If you want it go away then pay the £60?

If Colliers have an agreement with PE that they can act on their behalf in chasing these charges and have concrete evidence, then maybe they will find against you and the judge ( depends what mood he is in ) may well award them some fee for overstaying; but I cant see it being much; If its free for up to 2hrs say, how can they charge £100 ( maximum allowed according to the BPA ) for overstaying by 20 mins?

I know what the contract might say, but there is a case it is disproportionate and falls foul of the unfair terms and conditions act. £100 equates to a Penalty and not a loss;You can state that you did not deprive them of a space as the CP was not full; Ask for a breakdown of their claim and how it was arrived at.

They cant ask for solicitors costs or fees as it is in the SCC track, admin maybe.

It may be worth asking Colliers if PE have a written agreement to persue these charges on their behalf!

I don't know; has anybody seen these cases ruled on yet?

I've read SM's trial notes and it does not really cover a valid case; too many errors on both sides.

[Scouse Magic]

Pay Nothing !!!!!! Go to Court, they have no right to charge you admin as they issued the claim off their own back......The landowner suffered no loss of revenue by the vehicle being there......Business running costs for Parking Eye are not a genuine pre estimate of loss as in the case of VCS LTD Vs Ibbottson......Many thanks to steampowered for this

 

" Penalty clauses – Under English law, penalty clauses designed to punish a breach of contract are not enforceable. These clauses may only be upheld if they are a genuine pre-estimate of loss/damage suffered by the other party. In my view, this is by far the strongest argument available in these cases and should be enough to ensure a victory by itself. The fact that the charge is designed to be a disproportionate penalty is quite clear from the face of PE's signs."

Edited September 3, 2013 by Scouse Magic

[DBC]

This "cancellation fee" is PE's latest stunt to try and screw money out of motorists. This has also happened when Aldi have instructed PE to withdraw court papers, but this time they were only asking for £50. When I tackled Aldi's "parking department" over this, their spokesperson (a very aggressive sounding Rachel) said Aldi were quite happy that PE were demanding this sum of money.

[raydetinu]

At the end of the day, mummsy the choice is yours, the likely hood is you will win ( judge?) or even if you lose, the charges should be quite small, if you want your day in court or they may of course just drop it.

As far as I can establish only 49 cases went to court in 2011 and most they lost, one of which they won only got £15 but £299 costs?

I note that new way is to charge you £3 for parking in a Supermarket car park, which you get back at the till when you do your shopping ( you have 15 min to get ticket from entering car park ( Photo )).

[mummsy]

 

Thanks guys for all the comments they are much appreciated

I think I will take the cancellation of the summons but I aint paying £60 admin fee!!!!!!

 

I'd like to know what admin i'm being charged for, let them take me to court for that!!!!!

[Mike_hawk]

I'd want the offer direct from PE, Colliers are not party to case as things stand...... as far as the court is concerned it could be me asking you for 60 squid to bin the case!

 

Has it established that it is the landowner and suffered a loss or provided any undertaking to the court?

[Scouse Magic]

PE will say they incurred DVLA costs £2.50, Claim issue fee £15 and a whole bunch of crap..........They brought this claim in speculation that you would not defend as a lot of people do.

 

In any contractual dispute, the landowner has to establish contract, and prove the breach resulted in a loss of revenue.

 

The signage erected by PE is intended to be punitive and therefore a penalty clause.

 

Indeed at many motorway services, they state on their signage that there is a facility to pay for extra parking (Not that they own the land.)

 

Go to Court !!!!!!

[ericsbrother]

cancellation fee is unlawful so keep the paperwork and take it with you if it gets to court. Add estoppel to your defence. Basically means that they have acted in bad faith and that you are disadvantaged by this, ie: they dropped the case but insisted that you pay up anyway. By accepting the dropping of the case you are now at a disadvantage in denying the claim for their expenses as the original claim is no longer extant.

[Scouse Magic]

Listen to all the good advice on here......

 

Colliers are not asking for a admin fee its PE and why is that ???

 

1. They really dont want to do court as they have a high risk of losing which will be posted all over the internet.

 

2. Their original charge of £100 is a penalty and they do not own the land or have the statute to enforce.

 

3.Apart from the £2.50 DVLA cost and the odd 60p letter, they issued a £15 claim (not £60)which will rise by a £55 hearing fee at a later date off their own back, knowing full well it is a risky stratergy unless you cave in.

 

4. Their signage is against the unfair contracts act unless you can walk up (If you were aware of it) and read it all.

 

5. There is no option to pay for extra parking where initial parking is free so the loss to the landowner is nil, regardless of PE's day to day running costs

[Jayney1967]

Similar story to mine and at the same place. Ive found out that Parking Eye are no longer 'managing' the car park, (which to me says it all)... would this have any affect on defence?

[mummsy]

Hey

 

Just a quick update

 

Had my questionnaire duly filled in and returned and had a copy of the defence also. I see that Colliers held true to their word and stopped the court case NOT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

What is my next step ???????????

[mummsy]

Similar story to mine and at the same place. Ive found out that Parking Eye are no longer 'managing' the car park, (which to me says it all)... would this have any affect on defence?

 

Hi Janey

 

From what I've read on other forums it doesn't make any difference that PE no longer manage the car park but I noticed over the weekend that there are still signs all over the car park, wonder which company is now charging high way robbery!?!?!?!?!?!?!?!?

[kirkbyinfurnesslad]

Mummsey you will end up having a court hearing unless u try and settle for costs

[dx100uk]

good she'll win!!

 

dx

[kirkbyinfurnesslad]

good she'll win!!

 

dx

 

Can you be so sure?

 

I am not being negative but i think you have to take a more open mind with Parking eye

[themagician]

Can you be so sure?

 

I am not being negative but i think you have to take a more open mind with Parking eye

i'm sure! we should just treat these **** bags with the contempt they all deserve,at least if your in for a penny in for a pound you may as well let a judge decide you need to pay it not idiots like parking eye.

if their so right in begging letters to us why not go straight to court??,why offer discounts for early payments ???

then keep begging for the next 12 months on the same pathetic speculative invoice.

PATHETIC

[kirkbyinfurnesslad]

I can't believe how Deluded some people appear on here. It's shocking

[afcwben]

I can't believe how Deluded some people appear on here. It's shocking

Lets play spot the PPC troll

[kirkbyinfurnesslad]

Lets play spot the PPC troll

 

Lol you couldnt be further from the truth

Would a ppc stroll set up a popla info website?

Would a ppc troll have a run in with perky from combined parking solutions.....

[raydetinu]

well give us some info where they actually won something in court!!

I know of one where they only got £15 for parking, but somehow got £250 costs.

[esmerobbo]

well give us some info where they actually won something in court!!

I know of one where they only got £15 for parking, but somehow got £250 costs.

 

 

There are plenty of won cases, sticking your head in the sand and saying you can defeat them easily in court from behind your keyboard is easy. Calling Kirbyinfurnesslad a troll is far from the truth. He like me has helped in defending cases and we have seen them lost!

 

The £15 being Parking eye V Smith yes it was a £15 win for Parking Eye but do you think thats all it cost Smithy??? I know how much it cost him because I helped a little towards the cost! It was a lot more then £15!

 

You can have the best defence in the world but if you cant deliver it its as much use as a concrete parachute! Telling people not to worry its an easy win in court is wrong. People have and will lose these cases!

 

The days of claiming every win was set up case are well gone, Parking eye alone have issued hundreds if not thousands of claims post POFA. Unfortunately most fold before they enter the court room and pay. Some have lost the cases are there if you want to find them, a few have won, but telling people to ignore them and that a day in court is a simple matter is wrong.

 

As an aside Parking eye lose money on every case they take too court, but it is worth it too them for propaganda purposes, they have the cash to do it with an after tax profit of nearly £4 million last year!

Edited September 24, 2013 by esmerobbo

[themagician]

i can't believe how deluded some people appear on here. It's shocking

deluded but right !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

how shocking that must be for you,sit down ,take a chill pill then dream up some other way of knocking caggers post's.

[themagician]

Lets play spot the PPC troll

me! me! me! me! me! I spotted one / two, wow! they are every where nowadays,they probably don't get out much.

[raydetinu]

That's what we want some concrete evidence of won cases!