@morrisons Parking Eye in court with them 18th march - help with defence please

[san649]

Help!!!!

My wife and I have fallen prey of the Parking eye!.

My wife had left a friends and called into Morrison’s on the way home.

As we only live around the corner she walked home completely forgetting that she had left the car there

(dumb I know but she has done worse!)

3 hours later at 10pm she ran round to retrieve the car..

A couple of weeks later I received a letter stated I must pay the fine,

I wrongly took advice given to me just to ignore the letters as they would simply go away.

I finally received a letter saying that this was the final letter before court action

I wrote to them stating to contact my wife as it was her driving.

The next letter I received was a court letter.

I wrote to PE again (this time recorded delivery) stating they needed to get in touch with my wife.

In return I got a standard looking letter stating that I was now too late.

I have since been in touch with Morrison’s who agreed to cancel it,

iv spoke to them a couple of times and they have reassured me this has been done, although I have no proof of this.

I cannot speak to parking eye in time to get information from them as they don’t seem to have a phone number.

What we need help with is how we go about giving our defence, we have 6 days!!!!

Thanks for taken the time out to read this and we hope someone can help.

[renegadeimp]

Have you send your AOE?

 

Your defence is very very easy. GPEOL. Guaranteed win.

[san649]

Thank you so much for your response but im sorry to say I have no idea what those letters mean!!!

[dx100uk]

so you have a claimform?

 

 

dx

[renegadeimp]

If you have been sent an official claim form from northampton, there are very strict timescales you MUST follow. If you have recieved a form, do NOT listen to ANYTHING Parking eye say or do. The form is the most important thing to deal with.

[DragonFly1967]

san649

 

ParkingLie's phone number is 0844 247 2981, though to be honest, I wouldn't recommend ringing them unless you have some means to record the conversation.

 

As for abbreviations like GPEOL, there is a useful thread, CLICK HERE, that contains most if not all of the ones generally used in this forum.

 

 

This sounds to me that the situation you have at the moment is that ParkingLie has issued you with a Letter Before Action (LBA). If that is the case, can you get anything in writing from Morrisons to say that the charge has been cancelled? Even something in an email from Morrisons will do.

 

At least that way, if ParkingLie do take it as far as county court, you'll have something to show the judge as well as any other help regarding a defence that you can get from here.

 

 

 

Please don't cave in and pay up though. That's exactly what these chancers want you to do, and there really is no need. Despite what ParkingLie would have everyone believe, they lose the majority of properly defended court claims, so you've really got nothing to worry about.

[san649]

Thank you for you help everybody

[ericsbrother]

If you told them who the driver was before they issued the summons

 

 

then they will be in trouble when you submit your defence

 

 

as by telling them who the debtor is

 

 

they are now deliberately abusing the court process.

 

 

It is not good enough to say that it is too late.

[themagician]

remember it's not a FINE !!!!!!!.

[Meekyou]

..

Edited September 25, 2014 by honeybee13
Test

[renegadeimp]

..

 

Something we can help you with meekyou?

[Meekyou]

Something we can help you with meekyou?

 

Nope, how did that get there?? don't recall posting that!!!

[renegadeimp]

It's ok. Prob a forum gremlin coming back again.

[san649]

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???

[dx100uk]

can we confirm please that you DO have a claimform.

can you please type out the PoC

 

 

as it appears on the CBCC N1 EXACTLY

 

 

minus your pers details.

 

 

dx

[ericsbrother]

Well well, if PE know that you were a genuine customer that means their county court claim is false and an abuse of process. This could get them done for contempt so DONT accept their offer. Use their letter as part of your defence and ask that the claim be struck out for having no basis and being an abuse of process. There is a form you can download for this but only send it in either with your Acknowledgement of service, defence or as a separate matter after the AOS. In other words, do not rely on it by itself as most paperwork doesnt get read until the day of the hearing.

[san649]

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?

[DragonFly1967]

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?

 

It probably means that ParkingLie won't love you anymore if you do use it, but they most certainly can't stop you showing such an important document to the judge.

 

They've basically written to you to say... "We now know that we don't have a case, but we still want your money". If they didn't mean it, it would be farcical!

 

The inclusion of the words "without prejudice" will not necessarily bring the communication within the ambit of WP privilege if it is not, in substance, a communication made in a genuine attempt to settle an existing dispute. So as tempting as it might be, don't write back saying "without prejudice, get stuffed".

[ericsbrother]

Yes you can use it as it is not an offer to settle but an admission of deception.

[san649]

Thank you everybody

[san649]

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.

[dx100uk]

as back in September

can you please type out their POC

 

 

exactly as it appears on the claimform

[minus pers info]

 

 

dx

[ericsbrother]

Do you have a copy of the letter you first sent them telling them that it wa your wife driving?

Their letter to settle after Morrisones told them to cancel shows that something was defective but not what so it will help you

 

AS you sent them that before they issued their LBA then they know that their claim is vexatious.

 

As above, what do they claim and why so we can pick through it.

 

Whtever you do DO NOT write what you suggest about it being an oversight,

 

 

that is not a defence but mitigation and you will lose hands down.

[san649]

Thank you with your help so far, I will reply with POC tomorrow as I have not got them to hand right now.

[san649]

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.