Parking Eye Letter Before county court claim

[BrightDowns]

i got a parking charge notice from parking eye for over staying after 2hrs of free parking on Saturday january 2014 2pm to 5pm. i received letter before county court claim, stating to pay £100 in 14 days. I stayed there unknowingly, as i was attending kids birthday party.I am confused to pay , as i strongly believe this charge is not a genuine pre-estimate of loss for the parking eye.Please some one suggest me regarding this.
Many thanks

[mystery1]

Re: Parking Eye Letter Before county court claim

Post up the letter without your name and address.

M1

[BrightDowns]

Re: Parking Eye Letter Before county court claim

hello m1 ,
here is how the letter states.

On 19th feb2014 we notified you that ,as the registered keeper of this vehicle, u become liable for this Parking charge notice, which concerned breach of the terms and conditions as Retail Park on 11th Jan 2014. This charge is there fore levied for breach of contract.This was because the requirements of schedule 4 of the protection of freedom's Act 2012 required for keeper Liability had been satisfied.Further to this, we advised you that the amount payable was £100.00 for the parking charge Notice that you were required to make payment or further action would be taken.The full facts of this case have already been provided on the fist two PCN's that were sent to you.

Parking eye is still not in receipt of this payment.As such, we must inform you that unless payment of £100.00 is made within the next 14days further action will be taken and court proceedings will be issued, which will incur further costs.these costs will include, but not limited to £50.00 solicitor's costs and £15.00 court claim issue fees.

Signed
Paking eye legal Dept

[mystery1]

Re: Parking Eye Letter Before county court claim

Dear Parking Eye,

I received your letter headed xxxxx on xxxx the contents of which are noted. It would appear that this is a letter before action although it is not compliant with the pre action protocols.

The pre action protocols dictate that in a letter before action the claimant should set out the details of the matter in writing and a clear summary of the facts on which the claim is based.

The claimant should also list the essential documents on which the claimant intends to rely,set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this and refer the defendant to the Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction.

Obviously you may not know exactly what documents you will require to rely on at this time however, as claimant, it is your duty to prove your claim. As such i would like copies of the contract you say that has been entered into between yourself and the driver, copies of your contract with the land holder which allows you to take legal action in your own name as well as the original parking charge notice. I note that in the case Gardam, Sharma, Clarke and Gosnold amongst others there were issues with these.


If financial loss is claimed, an explanation of how the amount has been calculated.


Please take this response as an acknowledgement of your LBA to which a full response will be provided within 14 days of rectification of the flaws in your letter. I am taking advice from persons with experience in these matters however that advice is limited until compliance with the above faults is achieved.


Yours etc



M1

[bizzybob]

Re: Parking Eye Letter Before county court claim

A parking eye letter has as much status as an invoice irrespective of what they claim.

[josephbloggs]

Re: Parking Eye Letter Before county court claim

Parking eye are sending these letters out routinely to a lot of people. What they hope is that yourself, along with the many others, will ignore the letter claiming court action. Then when they get a ccj against you they will win judgment by default. This has the potential to ruin your credit rating.
You really need to looking on pepipoo for real solid advice that forum is just for fines private/council.

[BrightDowns]

Re: Parking Eye Letter Before county court claim

hello m1, i received a 3page letter from parking eye which states following, when i wrote letter as advised by you earlier. I mentioned same and sent them. they sent me this letter which states following...please help me. will wait for ur reply today so that i can decide whether to pay or not. the letter says---- we write in response to your last correspondence dated 25/03/14. it would appear from this correspondence that ypu do not belive that payment for the outsatanding parking charge should be made.Parking eye strongly believes that it doesnt appear that we are presently in position to mediate this claim.we must there fore refer you to our LBA claim sent 06/03/14. where we statedthat in absence of payment for the parking charge we would hve no alternative but to issue court proceedings.at this stage we also refferred you to practice direction on pre action conduct.They cant provide any details requested and asked to attend court and fight. they have elaboratedly described everything this way.

[mystery1]

Re: Parking Eye Letter Before county court claim

Please don't pay

Can you post up the letter minus personal details please ?

M1

[BrightDowns]

Re: Parking Eye Letter Before county court claim

Please don't pay

Can you post up the letter minus personal details please ?

M1

The letter follows,

we write in response to your last correspondence dated 25/03/14. it would appear from this correspondence that ypu do not belive that payment for the outsatanding parking charge should be made.Parking eye strongly believes that it doesnt appear that we are presently in position to mediate this claim.we must there fore refer you to our LBA claim sent 06/03/14. where we statedthat in absence of payment for the parking charge we would hve no alternative but to issue court proceedings.at this stage we also refferred you to practice direction on pre action conduct

The letter before claim also explained why parking eye, due to your inaction, are now unable to refer this matter to POPLA. However we also explained that we would remain open to alternative ADR if legal action was taken.

Given the above and in a bid to provide you with all the relevant information please find below answers to your previous queries below.we will also detail where applicable info that we are unable to furnish u with and the reasons why.we do this in line with the practice Direction on Pre-Action Conduct.We must also confirm that should this matter not be settled with in next 14days, Parking eye will have no option but to issue court proceedings.

we believe our letter before county court claim is fully complaint with practice direction on pre-action court conduct and all relevant information pertaining to this casehas previously been provided (yes they have sent letters with pictures, to our old address as we moved home, which we received late) Further information has also been provided through out the lifespan of this case to date to make you fully aware of the circumstances surrounding the parking charge. For your reference,
please find the copies of these notices attached.( but were not attached)

Upon your request of a list of documents that parking eye wouldrely on should this matter proceed to courthearing, we would like to again refer you to our LBCCC which references some essential documents which will form the basis of any claim made against you. As you have not corressponded and entered in to dialogue with parking eye untill this point, the list provided with our LBCCC is not exhaustive.Parking eye will not be supplying our contract with the land holder, as this is commercially sensitive and we do not believe it is proportionate to supply this document at this stage.

the loss claimed in our LBCCC is in line with guidelines set out by British Parking Association. Parking eye have also ensured that their parking charge amount is not punitive and set on basis of a strong commercial justification for charges of this nature.The charge is based on a pre-estimate of loss and has been calculated using our company records which are publicly available. The parking charge amunts are calculated in conjuction with the land holder, and have been approved and prescribed by the British Parking Association. Paking eye doesnot believe that it would be proportionate to supply our calculationsrelating to parking charges at this time.It should be noted that it is commonly held that any pre-estimate of loss need only be rough and ready.

Parking eye would like to inform you that we believe it to be highly unreasonablethat after ignoring our previous correspondence a request is made for the information highlighted in your previous correspondence to us.Should you have responded within the time scales outlinedwithin our notices, ansewrs could have been provided prior to this case being processed for further action.

Parking eye can confirm that full authorisation is held to operate and enforce parking charges on site. PE only operates on sitesthat are situated on private land, are not council owned and that PE has written authority to operate and issue parking charge notices on all of its sites from the land owner.PE are also audited on a yearly basis by the BPA to ensure that the relevant authority is held to operate on and manage ur sites.

Please note that , had an appeal been made, the opportunity to appeal to POPLA would have been granted. At this point it is likely that much of this information could have been provided. However, as no such appeal to popla was made, the information you are requesting could not be provided. we must make you aware that should legal proceedings be entered this will incur further costs, which will be sought from your self.

To provide you with this information is costly and time consuming procedure which is especially unreasonable considering that you have not entered in to any dialougue with us until this point. AS A RESULT OF THIS, PE donot feel that it is proportionate to supply a copy of our contract at this stage, Should you wish to be provided with the information, we recommend that you request this in your defencewhen court proceedings are issued. This will subsequently be provided at the request of the court.

Please note that this matter will soon bebeing conducted in the county court. Therefore, from tjis point all submissions should comply with County Court procedure. Standard procedure dictates that the defendant will defend their case, the claimant will reply, and both sides will submit a witness statement and al supporting documents to an allocated county court.

Alternatively, you can settle this matter by making payment of the outstanding amount of the parking charge.Payment can be made by telephone or website or cheque or postal order to the address detailed below.

Regards
Parking Eye Enforcement Team.

[BrightDowns]

Re: Parking Eye Letter Before county court claim

Please don't pay

Can you post up the letter minus personal details please ?

M1

hello M1,

I have put up the letter last night for you, please have a look and suggest me today .
Many thanks for your time.

[ostell]

Re: Parking Eye Letter Before county court claim

You could ask that as they are open to alternative ADR then the appropriate ADR for this would be POPLA so can you have a POPLA code (please).

They have stated that you were in breach of terms and conditions. You could also ask them for there Genuine Prestimate of the Loss flowing from the parking event. (which is £0)

Others will be along to expand on this

[mystery1]

Re: Parking Eye Letter Before county court claim

I'm out just now but I'll reply later. Suffice to say lies and half truths a plenty.M1

[mystery1]

Re: Parking Eye Letter Before county court claim

Dear Parking Eye,

Thank you for your letter of xxxxxx the contents of which are noted.

I note that you say "The letter before claim also explained why parking eye, due to your inaction, are now unable to refer this matter to POPLA.". This is entirely incorrect. Popla codes are generated by yourselves and there is no restriction made by popla that restricts the use of popla in time. It is also a matter of fact that Judges have ordered that popla be used as a form of ADR. 3JD05448 ParkingEye v Gilmartin, 3JD00719 ParkingEye v Mr O for example. I firmly believe that you can refer to popla at any time you like but do not wish to do so as you will lose if i put in an appeal based on genuine pre estimate of loss.

I further note that you say you have previously supplied information before the LBA and that you have attached them to you letter of xxxxxx. You did not attach them. They were missing.

I also note that you state "Parking eye will not be supplying our contract with the land holder, as this is commercially sensitive and we do not believe it is proportionate to supply this document at this stage." however i would point you to the supreme court case of Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34 (13 July 2011)

Lord Kerr stated "As I have observed in the associated case of Tariq v Home Office [2011] UKSC 35, the right to know and effectively challenge the opposing case has long been recognised by the common law as a fundamental feature of the judicial process. I referred in my judgment in that case to various celebrated expressions of that principle and I need not repeat them here. The right to be informed of the case made against you is not merely a feature of the adversarial system of trial, it is an elementary and essential prerequisite of fairness. Without it, as Upjohn LJ put it in In re K (Infants) [1963] Ch 381, a trial between opposing parties cannot lay claim to the marque of judicial proceedings."

I firmly believe that your commercially sensitive argument is contrary to natural justice. I will object to any attempt to introduce it in a redacted form on this basis. It is quite clearly a required piece of evidence. You know you need it to make your case The pre action protocols dictate that you should give me a copy. The over riding objective dictates you should give me a copy. Should you not produce a copy for me i will certainly be making a case that your actions be unreasonable and seeking full costs of trial should i win citing both the pre action protocols and CPR 27.14 2 (g).

I note that you say that "The charge is based on a pre-estimate of loss and has been calculated using our company records which are publicly available." I would like copies of these records.

As per my previous letter your initial pre action letter did not comply with the pre action protocols.

Yours etc

M1

[BrightDowns]

Re: Parking Eye Letter Before county court claim

Dear Parking Eye,

Thank you for your letter of xxxxxx the contents of which are noted.

I note that you say "The letter before claim also explained why parking eye, due to your inaction, are now unable to refer this matter to POPLA.". This is entirely incorrect. Popla codes are generated by yourselves and there is no restriction made by popla that restricts the use of popla in time. It is also a matter of fact that Judges have ordered that popla be used as a form of ADR. 3JD05448 ParkingEye v Gilmartin, 3JD00719 ParkingEye v Mr O for example. I firmly believe that you can refer to popla at any time you like but do not wish to do so as you will lose if i put in an appeal based on genuine pre estimate of loss.

I further note that you say you have previously supplied information before the LBA and that you have attached them to you letter of xxxxxx. You did not attach them. They were missing.

I also note that you state "Parking eye will not be supplying our contract with the land holder, as this is commercially sensitive and we do not believe it is proportionate to supply this document at this stage." however i would point you to the supreme court case of Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34 (13 July 2011)

Lord Kerr stated "As I have observed in the associated case of Tariq v Home Office [2011] UKSC 35, the right to know and effectively challenge the opposing case has long been recognised by the common law as a fundamental feature of the judicial process. I referred in my judgment in that case to various celebrated expressions of that principle and I need not repeat them here. The right to be informed of the case made against you is not merely a feature of the adversarial system of trial, it is an elementary and essential prerequisite of fairness. Without it, as Upjohn LJ put it in In re K (Infants) [1963] Ch 381, a trial between opposing parties cannot lay claim to the marque of judicial proceedings."

I firmly believe that your commercially sensitive argument is contrary to natural justice. I will object to any attempt to introduce it in a redacted form on this basis. It is quite clearly a required piece of evidence. You know you need it to make your case The pre action protocols dictate that you should give me a copy. The over riding objective dictates you should give me a copy. Should you not produce a copy for me i will certainly be making a case that your actions be unreasonable and seeking full costs of trial should i win citing both the pre action protocols and CPR 27.14 2 (g).

I note that you say that "The charge is based on a pre-estimate of loss and has been calculated using our company records which are publicly available." I would like copies of these records.

As per my previous letter your initial pre action letter did not comply with the pre action protocols.

Yours etc

M1

Dear M1,

Your letter has given me so much back up. I feel really very happy , Many Many Thanks for that.
Also i would want to give some more details regarding me and PCN if at all this matters before i send the letter to PE.
1. We moved home in december 2013 .
2. i did not put letters redirection as we were bit busy.
3. I feel they might have sent PCN through post and may be we missed those because of the home move.
4. If i have missed them, can i still say we havent received and need a copy of the original PCN?

please consider the above circumstances and guide me if i can post the letter up as u mentioned.


regards,
shameela.

[mystery1]

Re: Parking Eye Letter Before county court claim

It's unlikely to make much difference in all honesty. All they can do is send them to the address you have left at DVLA.

This is likely to go to court but these cases are winning quite often for the motorist now.

http://www.parking-prankster.com/court-cases-2014.html

You can download and read how the cases went as well http://www.parking-prankster.com/case-law.html

M1