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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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swisstoni

Parking Eye - Letter Before County Claim

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Hi all,

 

Just received a 'Letter Before County Claim' from Parking Eye.

This is the 1st contact i've had from them...

 

The other letters were 'disposed of' by my missus as she didn't want me to know and thought it would go away!

 

She attended a New Gym (as hers was closed in the early Covid shutdown but another branch was open so she used this) and did a class but didn't entered her own registration into the system and not mine!

 

As the gym is no longer open, we cannot appeal to them to cancel the ticket until it does.

 

Is there anything I can do? I, or my missus have had no contact with Parking Eye at this point....

I cannot answer the questionnaire as I don't have any of the letters other than this one...

 

Thanks for any help you could give...


THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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you need to send them a snotty letter

 

like

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Also, in a separate letter – send them an SAR so that hopefully you get copies of all correspondence which was sent to you. Do it immediately

I don't want to start a family argument – but you probably had better explain to your partner that disposing of these letters was not a good idea and has placed in jeopardy.

As suggested above by my colleague, you certainly need to make it very clear that first of all you have received no correspondence. Secondly, that any legal action will be vigourously defended.

I'm afraid that by not responding to them, you probably gave them the impression that they are going to get an easy kill with a backdoor default judgement. Let's hope that you have reached here on time.

 


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Hi,

 

Thanks for the above info... I'll get on it in the morning. This was also at 5.31am in the morning and she was the only car on the car park! Should I identify my missus as being the driver in my letter to them? Would that give us more time?

 


THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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god no ID the driver is the LAST thing you should ever do

removes protection under POFA

 

do NOT miss the 30days deadline

do not use/give email or phone ever.

 

if you look at a few Parking eye PCN threads here

you'll get the idea on the snotty letter game.

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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So I understand from reading this again that there was compliance with the so-called parking requirements – but simply that an incorrect registration was entered.

So really what we are looking at here, if anything, is a technical/administrative error.

Have you evidence of any of this?


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Hi Bankfodder,

 

As the gym is currently shut due to Covid-19, we cannot get access to 'evidence' - I was thinking that showing the Missus had attended a booked class there would be enough for them...but cannot get this info at present...


THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Right folks,

 

How will this do as a draft snottogram?

 

Dear Sirs,

 

Thank you for the letter entitled 'Letter Before County Court Claim' which I have received xxx date, the contents of which are duly noted.

 

I will not be paying the your demand for payment as I owe you nothing.

 

You will be fully aware there is no contract formed between the vehicle keeper and ParkingEye and there is no evidence suggested of any damage the driver caused whilst legitimately using this car park to attend the DW Gym

 

i attended the DW Gym legitimately at the times stated in your correspondence, that does not justify your outrageous PARKING CHARGE of £100 for a mere administrative error on the drivers part (possibly inputted wrong registration due to dyslexia).

 

I can prove (in court should it be necessary) that the driver was in the Gym of which this car park is used at the times stated by yourself both arriving and leaving.

 

If your ANPR system is so useless that it can't correlate a mystery payment for a car registration not catured for the same time period as one that was but shows no payment, that is your problem not mine. 

 

You however have broken the law by lying to the DVLA to get my details. I am entitled to sue you for the Breach of the GDPR  for unlawfully processing my details.

 

Should any legal action be taken against myself on this matter, it will be vociferously defended by my companies legal team.

 

I trust this will be the end of the matter and I will receive no further correspondence from yourself other than to confirm the end of the matter. Should I continue to receive letters about this matter, then I will no alternative than to press harassment charges against ParkingEye.

 

Yours Sincerely

The Vehicle Keeper

 

Kind Regards


THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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I have slightly changed it

see what people think.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thank You dx100uk


THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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I think that you should reinforce the fact that whilst you were a passenger in the car at the time of the event, you were NOT the driver, as how it reads could imply that you MIGHT have been and gives ParkingEye a reason to pursue.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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I wasn't present at the time, so maybe I'll reword it to take that suggestion away


THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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I would be dispassionate about it but before you write you do need to know what the signage says esp if there is a payment meter involved.

 

also you should have emailed the gym head office and moaned like stink about this if no-one is at your local gym.

 

they can still intervene if they wish but wont if you have contacted PE before you contact them.

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