Parking Eye County Court claim

[help101]

Hi...... Help......... I parked in a retail car park which I thought was free in jan 2013 and received a Parking Charge Notice reminder in feb 2013 stating that I had gone over the maximum 2 hour free stay. I did not receive a previous Parking Charge Notice. Then in march 2013 I received a Parking Charge Amount Due letter asking for the amount of £85 to be paid in full.

In April 2013 I received a letter from Debt Recovery Plus Ltd. asking for £135. In May 2013 I received a notice of intended LITIGATION from Debt Recovery Plus Ltd.
In July 2013 I received a letter before action asking for a full payment of £85 or court proceedings would be issued.
I have just received a Letter Before County Court Claim letter asking for full payment within the next 14 days or court proceedings will be issued and I will have to pay £50 solicitor's costs and £15 court claim issue fee.

I have not acknowledged these letter as I have taken advice from the Martin Lewis website Moneysavingexpert.com and also the BBC Watchdog program advising people to ignore these type of letters. Could you please advise me as what I should do next. Should I offer to pay part of the amount they are asking for or should I wait and see if they will send a court summons? I would be very grateful as I find this situation very stressful.

[mystery1]

Re: Parking Eye County Court claim

Which company? Can you post any letters you still have please.

M1

[help101]

Re: Parking Eye County Court claim

Parking Eye

[mystery1]

Re: Parking Eye County Court claim

So were you the driver ?

M1

[help101]

Re: Parking Eye County Court claim

yes I was the driver , I will put the other letters I have received up now

[help101]

Re: Parking Eye County Court claim

.......

[mystery1]

Re: Parking Eye County Court claim

You need to do 2 things.

1. See if you have receipts or bank statements from this time that show you were a customer on site. If so, and even if not it's worth a go, contact the retailers at the retail park andif they think they'll lose decent custom they may intervene.

2. Respond to the letter before action.


Dear Parking Eye,

I write in response to your letter before action dated xx/4/14 the contents of which are noted.

Your purported LBA falls way below the standard of that which the Pre Action Protocols expect. Annex A 2.1 (5) asks that you show how the amount is calculated. You do not do so.

2.2 The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

Neither of these are in your LBA.

2.3 Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this 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

I see no mention of this in your LBA.


It is noted that we have a duty to consider ADR and i would suggest that POPLA be the appropriate venue for this as i note that several Judges have referred matters to them which keeps the costs down.

I would ask in view of 6.1 (1) that you supply copies of the contract between Parking Eye Ltd and myself, the contract between Parking Eye Ltd and the landholder as well as a breakdown of the charges. I note from my research that you do not like to give out such information but i will cite the case of Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34 (13 July 2011) which covers the principle of natural justice. This judgement shows that your confidentiality argument is not acceptable to the supreme court and neither is it to me.

I will provide a full response to tour LBA upon receipt of a proper LBA and the disclosure of the appropriate documents.

Yours etc

M1

[help101]

Re: Parking Eye County Court claim

The LBA came in July/13. I received the Letter Before County Court Claim April/14

[mystery1]

Re: Parking Eye County Court claim

They are the same thing. Bit like Tom and Thomas.

M1

[help101]

Re: Parking Eye County Court claim

sorry I forgot to put this up it was on the back of the county court letter,. ???

[mystery1]

Re: Parking Eye County Court claim

Well they have covered more of the pre action protocols than was thought.

They are wrong on the documents but i'm not sure it's worth the bother. It wouldn't be a defeinitive list but there are certain documents they need to prove their claim.

Again on popla they can issue a code any time they like. Courts have ordered them to do so and no doubt will again.

Their loss claims are laughable.

Chances are you're going to court. Deal with it there. A letter now won't help but write one on the above basis if you want.

Come back when you get a claim form. By this time the test cases in Cambridge will have been decided which will help.

M1