Parking Eye PCN Claimform - Goodmayes Hospital, IIIford , Goodmayes Hospital, Barley Lane, Ilford , IG3 8XJ

[Nicky Boy]

Makes a change HB... I'm usually that person.

Edited July 6, 2023 by Nicky Boy

[honeybee13]

I thought I'd share the pressure with you, NB.

 

[dx100uk]

you need to put in the pals letter the age and condition of the patient and that they are the registered keeper (thus the speculative invoice is directed at them) and her appointment was for xxx (condition) . you could also put she was not the driver a relative was.

as for LiP costs, you wont get any, you are not the defendant.

dx

 

[FTMDave]

Without boring you with the reason, I recently calculated the success rate for Caggers in court hearings against the most litigious of the PPCs over the last couple of years or so, and it was about 85%.

So what about the other 15%?  Two things stood out.  Firstly, rubbish judges.  Secondly, complicated cases where the person taken to court was not the person liaising with CAG or where the person was abroad and trying to take part in the hearing on-line.  Thus alarm bells ringing in my head about your case.

Then the problem with PALS is this.  Let's imagine they are all cooperative and agree to call PE off.  Some PALS have indeed been cooperative on several occasions.  The problem will be that PE will say they "can't" cancel the ticket now there is a court case and they have incurred additional expenses, and that you "should" have contacted them earlier.  They come out with this tripe when the "additional expenses" are a single threatening letter sent by a third party, so you can be damn sure they will moan all day about the huge sum of £35 which the poor dears have spent to start court action.  

Conclusion?

Your case has morphed into a bit of a mess and whatever you do will have an element of risk.  i think you really need to go with it with PALS and beef up your letter, including playing some of your cards early - which we always say not to do - simply to try to get PALS to seriously take on PE:  Otherwise nothing will happen.  So I suggest -

 

Dear Sir/Madam,

Re: PCN no.XXX, vehicle registration no.XXX

your parking agent (Parking Eye Ltd) is threatening court action over an invalid parking charge notice received after a driver parked in Goodmayes hospital with my registered vehicle to attend their appointment.

According to NHS car parking guide 2022, I note that it states the following :

"Additional charges should only be imposed where reasonable and should be waived when overstaying is beyond the driver’s control (such as when treatment takes longer than planned, or when staff are required to work beyond their scheduled shift)."

The driver's appointment was delayed due to whatever reason the NHS gave at the time, lack of staff/ too many patients. It was not the driver's fault they could not leave within the 30-minute time allowance.

Could you kindly instruct your Parking Company to cancel the charge as not only is it invalid but after perusing the site, there were no signs upon entry notifying drivers that they are entering into a restricted area and that terms for parking are in place.  I attach a photograph showing the lack of signage.

I am XXX years old and disabled, and it is completely unfair that I am being dragged to court due to the driver being entrapped by Parking Eye and the overstay being caused by the hospital. 

If you need any further information please contact me, I look forward to your assistance.

Kind regards,

 

However, hang on this evening for other opinions from the regulars before sending the mail tomorrow morning.  We wouldn't normally include this level of detail, but yours  is not a normal case.

And to set your mind at rest, even in the worst, worst, worst, worst, worst, worst case scenario, as long as your mum contacted the court more than seven days before the hearing, to inform that she would not be attending and would ask the court to decide the case on the papers, the court wouldn't penalise her.  However, the outcome would almost certainly be that the judge would disallow the made-up charges bit of the claim by PE but would allow the rest and she would lose the case.

Edited July 8, 2023 by FTMDave
Typo

[FTMDave]

Presuming you've sent the above to PALS, I would also put in some work this weekend and see if you can get the hospital's/trust's CEO's e-mail address and send it there too.  Belt & braces.

Given the situation with your mum and your move abroad trying your best to get the hospital to intervene is a must.

[Reapstar]

Hi Dave, that email sounds perfect to be honest, I have sent it off today after being away for a couple of days. I will report back as soon as I hear from them, thanks again, hope everyone had a lovely weekend!! 

I also sent the CEO of BHRUT a copy of the email sent to PALs, see what happens, thank you guys

[FTMDave]

[Reapstar]

Fingers crossed the CEO can see what has happened and perhaps they actually get some signs up at the entry so people know when they enter 

[Reapstar]

Just a quick update,

PALS have acknowledged email and have sent it to the correct department/person.

No acknowledgement from the CEO

however. I also posted a SAR request to ParkingEye which has not been responded to yet. I have POP for this.

I was going to write to them to ask for the missing information but I thought it may be best to wait until the SAR is responded too, as this was posted AFTER they sent their letter to me.

What do you guys think??

[Nicky Boy]

The point of the SAR is to get all the information the fleecers have on you. You don't need to ask for anything else!

[Reapstar]

Will the SAR not compel them to provide the information they claim to have sent me, but didnt? And then of course implicate them for being deceptive? 

[Nicky Boy]

Ah, you mean the missing contract from the CPR. Yes, write and ask for it. As mentioned already, don't be polite about them wasting your time. 

A SAR wouldn't produce this.

[Reapstar]

Ah, ok thanks for the heads up!!

How does this sound?

I have a feeling it will be disapproved, if so, please kindly state why, thanks again guys!!

In response to your letter dated xxxxxx

You claim to have included written authority from the Land owner but as you are aware, it has not been included.

Why are you wasting my time and causing me undue alarm and distress?

 hope this was due to oversight on your part and that you will send me this document immediately without further delay. Failure to provide this document within the next 10 working days from the date this notice was served (deemed served 2 days after sending via Royal Mail) will result in additional charges being applied to your account.

I note that you claim to have evidence that I parked, where is your evidence that I was parked?  It is your legal duty to provide this evidence in support of your claim, failure to do so will result in a costly defeat.

Your vexatious illegitimate claim is not welcome and will be defeated in court at cost to you, I will also be seeking damages.

I charge £200 per letter received and £300 per letter sent in response, I have waived these charges up until this point but you are being duly notified that any further communication will be charged at my standard rate as mentioned above.

I will accept any kind of response to this notice as PARKING EYE LTD’s explicit consent to undertake this agreement.

All charges must be settled within 30 days of being billed, failure to do so will incur further charges on a daily basis until full repayment is made.

If at any point you fail to honour this agreement, your debt will passed on to the relevant persons for collection within 30 days of a recorded default.

A list of fees may be obtained by request, there will be a small administration fee associated with the processing of these documents.

I look forward to and welcome your early reply.

 

Yours faithfully,

 

 

 

Apologies for above, dealing with this is making me very angry 

PE letter mentioning Written authority but no enclosed.pdf

[honeybee13]

I prefer ''Don't get mad, get even'.

I'm not sure about the bit where you want to charge them for letters, see what other people think. 

HB 

[Reapstar]

It's charging for my time and energy, which is mirroring exactly what they are doing to me, I believe it to be equal and proportionate, except that my time is more valuable and I therefore charge for it. I am tired of having to work for free for these fleecers, and I don't believe a maximum of £100 through the court is fair. 5 x £19/h

If they have a valid claim against they will proceed, if they do not, I am offering them the opportunity to cease action prior to being charged for my time and energy. 

It would be absolutely ground breaking if we as a team could move this tactic forward as it will help many people put these clowns out of business. 

Perhaps we could encourage the development of a fair and just parking charge system that is not just mostly used and abused to cause harm and loss to innocent victims.

I have always hated bullies!

Illegitimi non carborundum

[BazzaS]

Unrealistic.

You can’t impose charges on them, claiming that if they reply they accept those charges:

a) since you are engaged in conversation with them, and parties to litigation are expected to engage with each other to avoid matters proceeding to a hearing, as far as is reasonably possible,

b) Some of their responses will be mandated by the process, such as DQ and WS’s.

Unreasonable threats won’t impress a judge, will be unenforceable and give the impression “I don’t know what I’m doing, and my case is so weak I have to resort to empty threats”.

[Reapstar]

I see what you are saying but if I randomly approach a solicitor for example and request their time and energy, it comes at a cost because they are working, the same line of logic I believe applies to me. If they can charge me for their time, why can I not charge them for mine?

According to the maxim "equality is paramount before Law". 

Thank you for the input BazzaS

Edited July 16, 2023 by Reapstar

[BazzaS]

Small claims track of county court.

costs limited (including reclaimable solicitors’ fee, if a party chooses to use a solicitor). So, yes you can charge but it’ll be capped at £100.

 

If you are asking for £200 per letter in, £300 out, the judge might ask were you planning to stop at 1/3 of your letter (while chortling to themselves….)

Edited July 16, 2023 by BazzaS

[Reapstar]

It being capped at £100 makes me think there is some kind of collusion going on. 

£200 is a specific amount for a letter being read, it takes into account my time and energy spent. They are getting a deal with only being charged £300 per response. The intention is to avoid vexatious claims. If recovery of costs is limited in each case to £100, I believe it serves as zero deterrent to the crooks and even encourages their fishing expeditions... just my two cents

[BazzaS]

Collusion between whom?

[Reapstar]

Well, there are three parties involved. One of them is the innocent party. One makes no money, two make money. 

Edited July 16, 2023 by Reapstar

[FTMDave]

I've done my fair share of ranting at bullies over the years, and it made me feel good ... but the fact is that HB and Bazza are right and there is no legal basis for charging them for letters.  Their position is that you have a commercial debt with them.  They are entitled to write to you and you are entitled to write back, ignore, etc.

You have to concentrate on (a) getting the hospital to intervene, and if they don't, (b) winning at the court hearing.

The whole point of sending CPR is that the fleecers usually ignore it and therefore the motorist can raise lack of planning permission and lack of a contract with the landowner in their Witness Statement.  Therefore it is excellent - for you - that the imbeciles firstly tried to substitute a contract with a letter, and then didn't even include the letter.  Think about it, you don't want them to send the documentation - then you can write in your Witness Statement to the court that you don't believe they possess these important legal permissions.

 

[BazzaS]

1 minute ago, Reapstar said:

Well, there are three parties involved. One of them is the innocent party. One makes no money, two make money. 

Who do you believe is the third party colluding?

Have you looked at CPR27.14 and PD27A?

[Reapstar]

Thanks Dave, so should I not write to them asking where the contract is then??

[dx100uk]

stop reverting to silly Freemen Of The Land twaddle reapster..you cant charge them anything.

dx