ParkingEye Court Claim - won

[Willow75]

Hi all, I wonder if somebody could offer some advice on the following:

My husband attended a meeting at a Holiday Inn Hotel and a weeks later he received a Penalty Charge of £75.00 for parking unauthorised.

I contacted the Hotel who asked me to email a copy of the Penalty Notice to them and they would then get it cancelled.

We continued to received reminder letters from ParkingEye and each time I telephoned the hotel and each time they advised me that they would contact ParkingEye to get it cancelled.

I have dates and names of everyone that I spoke to at the hotel.

We then received a Court Claim Form, which I sent back immediately ticking the 'defend claim in full' stating all of the conversations that I had with the hotel.

I contacted the hotel again, then the deputy manager emailed me saying that they had been in contact with ParkingEye and they had said that they would drop the court claim if we paid the £75.00 immediately.
I refused as I said if the hotel had done their job correctly in the first instance then the Charge would have been cancelled.

Today we have received a 'Notice of Proposed Allocation to the Small Claims Track' so I am not sure what to do next.

Any advise would be much appreciated.

Many thanks in advance.

[Kati]

Re: ParkingEye Court Claim

tagging [MENTION=5354]mystery1[/MENTION] xx

[mystery1]

Re: ParkingEye Court Claim

http://www.legalbeagles.info/forums/...l-Claims-Track

Fill it in. Make sure you select your local court. Read the notice to see when you need evidence and witness statements to be submitted.

Have you utilised social media to see if that twigs the hotel managers conscience ?


M1

[Willow75]

Re: ParkingEye Court Claim

Thank you so much for your reply M1, I really appreciate your help.

The form states that it must be filed with the court by the 21st October 2016.

We have received a copy of ParkingEye's reply to defence which is very indepth.
They are stating that they only received a request from the hotel for the Penalty Charge to be cancelled after court proceedings were actioned.

I had sent an email to the hotel 3 months prior to receiving the court claim form asking them to cancel the Penalty Charge, and I had spoken to several members of staff.

I hadn't thought about posting on social media - would that get me in even more trouble ?

Many thanks for your help.

Willow

[mystery1]

Re: ParkingEye Court Claim

I had sent an email to the hotel 3 months prior to receiving the court claim form asking them to cancel the Penalty Charge, and I had spoken to several members of staff.

I'd be checking that and ask for a copy of the email the hotel probably sent so i could check the date.

I hadn't thought about posting on social media - would that get me in even more trouble ?

Shaming the hotel won't get you in trouble. It might get their finger out though. Do it after asking for the email though.

M1

[Willow75]

Re: ParkingEye Court Claim

Hi M1, Many thanks for your reply.
I sent an email to the deputy manager last night requesting details of all of the correspondence that they have.
I have since found out the name of the Hotel manager, do you think it would be worth me contacting him to see if he is able to help.

Hope you don't mind but I have added below the email which I received from the deputy manager last week, which more or less states that they never sent the cancellation to ParkingEye, she has not even included in her email all of the correspondence I have had with them, I sent my first email on the 5th May.

Thank you so much for all of your help, I really do appreciate it.

All the information you have sent me I have included. I apologise this is how you feel, I can assure you I have tried my hardest and explored every possible route to get this cancelled for you. Please find below Parking eye's response:

Due to the charge being issued with the court summons we do request that the £60 is paid-we have sent a letter to the motorist at the start of September which they have not accepted. We do require the costs to be paid due to costs being incurred by Parking Eye each time a charge is taken to the courts.


I will send all the info over in a separate email so its easier for you to locate particular emails. Unfortunately as a hotel we are unable to provide any further assistance with this case as it is now out of our hands and in the courts.


Parking eye had sent a letter to you on the 08/06 to inform you further action would be taken regarding the case as no appeal had been put forward.


On the 22/08 you received a court claim to which you sent back with a defence claim.


on the 02/09 you spoke to Melissa, to which she said she would send an email request to Parking Eye to get the fine cancelled. (as she had not been informed you had spoken to Nicole)


09/09 Julia responded to you explaining she could find no emails and the hotel is not liable to the £60 court fee.


Parking eye sent a court summons to you on 15/08. The hotel had been made aware on the 17/08, to which Nicole had sent an email to Parking Eye an the enforcement Team to get the charge cancelled. Parking eye explained that once the charge had gone to Court the motorist was responsible to pay the courts fees, which incur from details requested from the DVLA. Also once the charge had gone this far the fine could not be cancelled.


Nicole was able to get the court fee's cut from £175 to £60, to which Parking Eye sent and letter to you on the 02/09 stating this and the reduced cost including that if the fee was paid the court summons would be dropped. Parking Eye received no further communication or payment from yourself which increased the court cost back to £175.


We have managed to get the fee reduced to £60, which needs to be paid by yourself to cover the costs for the court summons. As mentioned before the hotel are not liable for the cost.


Please contact enforcement@parkingeye.co.uk for further enquries as I have no more information for the case.

[mystery1]

Re: ParkingEye Court Claim

If you have evidence you contacted them in plenty of time then you should point this out and ask them to sort this shit out before you end up with a date in front of a judge.

M1

[Willow75]

Re: ParkingEye Court Claim

Just a quick update, I have received an email from the deputy manager of the hotel today apologising for any inconvenience and stress we have been put through. They stated that on this ocaision they will clear the outstanding payment to Parking Eye as a goodwill gesture.

At last we have a result !!

I would like to thank you so much for you help, guidance and support. You guys are truly wonderful.

Thank you so much, Willow x