Thanks estellyn. I'll not talk about it worsening, although I suppose they'll see that's the case if they look at the consultant reports that I will send plus the fact that I am bandaged up from the OP next week. Its silly they don't take it into account, especially when the evidence proves that further investigation confirms the original problems on the ESA50 were/are genuine. Regards

So I've finally got a date for my Tribunal... it's at the end of the month Already feeling a tad nervous. Any advice from anyone on what to expect? I've finally a load of letters from my various consultants, which I intend to send to the tribunal in the next day or two along with my rebuttal of practically everything on the ESA85 (which was full of lies, lies and more lies). My conditions have gotten worse (in fact I'm having surgery for one of the conditions next week Monday) since they wrote to say ESA was being stopped, however from reading around, is it true that they won't take it into account? That they will assess only based on what the conditions were at the time that I had the 'medical'? Any help or insight into the whole tribunal aspect will be extremely appreciated. Thanks in advance. Regards

Thanks. Unfortunately, I'd already called them before I saw your previous reply, so didn't record the call . I'll write to them on Monday, just to confirm what I was told. Considering the WFI was supposed to be on Tuesday, I hope I don't have any issues... Let's see. Once again, thanks for all your help. It's very much appreciated. Regards

Thanks Margaret. I phoned them, told them what my issues were and that it too short notice plus the difficulties I'd have attending. They asked if my WCA appeal had been heard, I said no, to which said no need to attend the wfi and they have updated the system to have it deferred until after my appeal has been heard. I took the persons name, should I just confirm it in writing just to be safe? Regards

Can anyone confirm the above please? Before I call them.

No, I wasn't informed about the fee at all. In fact, I only found out by chance when I checked online statement some days later. The only other alternative I was offered was to pay by cash, which wasn't possible, as I wouldn't have that much cash laying about. The quote that I had put was not said by Equita, it was from the Council themselves in response to a Final Review of the complaint. I think this was the last stage in their complaint procedure. In a way, I think I might still go to the LGO, because I'm still not satisfied that the bailiff used was authorised to work for equita, although the council say they hired the bailiff on a self employed basis, their SLA does say that they can't/ won't sub-contract any work. But again, even though the remainder of potential fee's to be refunded works out to about 40 odd quid, is it worth the hassle?

Can I still use this even though the fee was charged in January 2013?

Thanks for the replies. Since it was all going on since January and at all times they were adamant that they and/or equita were doing everything by the book, it's quite refreshing that eventually they realised that they were talking out of their behinds. I did quote Day v Davies, but their reply was: 'Your letter repeats your view that as there is no provision within the Statutory Instruments to charge a Card Fee of £2.50, and that therefore the fee should be refunded. This was addressed in my previous reply and by Mr blahblahblah. The Card Fee does not have to be prescribed by statute: it is a charge that reflects the bailiffs’ reasonable costs in offering payment by this method – which they do not have to do. On that basis I can confirm that this will not be refunded.'

Hi MooNboo Totally agree with you, in that its a load of rubbish. I'm still on month 5 I think since I sent my appeal in. I still haven't sent evidence et al as yet, but hope to do so in the next month or two if I can gather it all. Whilst you've been awaiting your appeal, did you get called in for a WFI? If so, did you attend? I'm just trying to ascertain whether I have to attend, and if so, whether I will be able to have a telephone interview instead of attending physically, as it would cause me difficulty mainly due to my health/ mobility issues. Regards

Apologies for not updating any sooner. Equita Ltd refunded both Levy fee and ATR fee. I could still technically try argue the Card fee but I'm not sure if it's worth contacting the LGO over that. The Council seem certain that they can charge it. Regards

Hi Nothing major to update, I appealed the decision, which I am still awaiting. Yesterday I received a letter informing me that they've booked a WFI for next week. Do I need to attend this, as I'm still waiting for my appeal to happen, god knows when that'll be though. Thanks

Well done rebel. Awesome news. I think we had identical Court Papers, same timeline et al. I had mine cancelled too last Friday, using pretty much the same argument as you, ie. Equality Act 2010. Did the Managing Agents get the claim cancelled? Another Parking Eye blinded!! Job done. Regards

There may be some interesting meetings taken place between the Managing Agents and myself regarding the issues raised within my email to them. I'm also hoping to help them whilst they review the Parking side of things as a matter of urgency. If i can get enough ammunition and reasons why they should drop Parking Eye with help of others on here, then it might be worthwhile. Kind regards

Hi CB. The store in the Retail Park themselves and also the Managing Agents of the the Retail Park have both written to me this morning to confirm that they have intervened to have the Court Claim discontinued in it's entirety and also the original Speculative Invoice to be cancelled. Kinds regards.

Absolutely Conniff. The more Eye's, in this respect, blinded the better I say. After a lot of to-ing and fro-ing and getting absolutely no reply from the Landowners, I thought as a last resort I'd email a Formal Complaint to the CEO of a few of the companies of the Retail Park. The first company CEO himself replied back, admitting the legal points made in my formal complaint were beyond him and that he would pass it on to three departments within their company, with the hope that one of the those will take the bull by the horn and see what can and can't be done. This morning, received two emails. One from the Store Manager of the Company itself within the Retail Park, and one from was the Retail Park managing agents (the company managing the site on behalf of the owners) confirming that he has contacted Parking Eye and instructed to cancel the Court Claim, associated costs and the original Speculative Invoice itself. The second Company's CEO passed it on to a member of their executive team, who to be fair was less than useless, Washed his hands off the issue completely and played the 'we don't own the land' card. Funnily enough, this afternoon, I received an email again from them asking me loads of details to see what he could do, after making further enquiries. I will definitely reply to him in the next few days, with a few choice words. Thanks for your help slick. The whole logistics part of this case was indeed a huge worry. If I understand the situation now correctly, Parking Eye have been instructed not only to discontinue the Court Claim in it's entirety, but also drop all associated costs as well as the original Speculative Invoice (Parking Charge Notice).

First of all, I would like to say a big thank you to everyone who has helped and advised me with this matter regarding problems with Parking Eye Ltd. I have today received news that Parking Eye Ltd have been instructed to halt the court claim immediately, and any fines and court costs to be dropped. It was requested that they cancel the charge and they have actioned this. I will have written confirmation of this from Parking Eye Ltd by post in the near future. Once again thank you to everyone. Regards

Thanks for you reply slick. The problem with postal services from Pakistan is more than likely it'll never arrive. Can he print, sign and then email me the signed documents, which I can then forward on to the court, along with the letter you suggest via the PoA? With the above being okay, I think it'll be the best option. All this has to be done via post correct? Not MCOL/ online. What would happen if PE decide to take the case forward? My dad won't be here to attend any hearings. Thanks

Hi slick. The dates are: Date of Issue - 8th July + 5 days for service = 13 July + 14 days for service = 27 July + 14 days to submit a defence = 10 August 2013. In regards to post #51, I think it's definitely an option. I am going to email all the Retail Park businesses CEO's first thing tomorrow, I might luck out and have one of them do something about it, especially since the person whom I took there is disabled. I was reading somewhere about the Equality Act being useful to mention. Any suggestions on what else I could include? Is it the UTCCR? Penalties as mentioned by Conniff earlier. Advice is appreciated.

Thanks slick132 I have just today called PE to inform them that I was the Driver and my father was not, but they say since the claim has been issued they can't do anything about it and that it has been to be defended as it is or they will obtain default judgement. I also called CCBC to explain the situation to them, again they were less than useless. Saying either it's defended by the defendant (my dad who is not even in the country, nor will he be until next year at the earliest) or let default judgement happen. I was given Power of Attorney in 2009 when my dad first went abroad, to manage his UK businesses/ interests. Will this suffice as the Power of Attorney? Or does it have to specifically state that he gives me power to defend this court claim on his behalf? Kind regards

superuser1234 & DrFeelgood You're very welcome. I'm glad it's come in use. The more people it helps, the more glad I am that I posted it up. The less I say about the DWP the better in this case. Kind regards

Hi Is it worth calling CCBC on Monday to explain as you have just summarised and see what they say? Or should I just write to them directly and have a paper trail? A normal letter should suffice or does it need to a Stat Dec? I'm fine with them pursuing me, so I can actually defend it in my name. In regards to PE, is it a case of just a short letter informing them that I was the driver and not my father. That they should come after me hence forth? Maybe worded a bit better I might need some help drafting these letters if someone can help. In regards to your final question, the earliest that dad may be back in the UK would be May 2014ish. ETA - I shouldn't acknowledge the claim right? Just double checking.

Hi slick (sorry I put CB before ) Initially I wasn't, as I don't usually open my father's mail, unless something particular is being expected. It's only around March when I randomly opened a letter from DRP that I saw what it was about. But after reading around and starting this thread, the general consensus was to ignore it, which I did. Having gone through a couple of other letters, there is ONE from PE, which does talk about PoFA and confirming who the driver was. I didn't respond as I hadn't seen it until DRP got involved. The letters from DRP are only money demanding letters..

Hi custard-13 I think the CPC on the bottom of the forms is a form indicator, it references Claim Production Centre. But, as citizenB says, the replies in your own thread are completely favourable to you, in that as PoFA is not applicable in Scotland, then the claim should be dismissed, from my understanding of the replies you've gotten. I think is different in the sense that the 'incident' happened in the England and that the Registered Keeper is addressed in England, although isn't in the country nor was he when the 'alleged incident' occurred. I'm still waiting for a reply to the email(s) I sent out to Northampton. The Landowner seems to AWOL. No response to any of my emails. Might have to call them on Monday. Regards

Thanks for your reply slick. I'll wait til you get further info that you are seeking. I have emailed Northampton, but I had a reply from TEC whom I doubt deal with cases regarding PPC's. So I've emailed MCOL and also Northampton CCBC, with the hope either of those departments can help in suggesting what to do.. Though I might give them a call on Monday as well. From the timeline, CB gives the date as 27/07 as the last day, so hopefully I'll know what to do before that date. As already mentioned, I'll await further input from yourself. Thanks.

Thanks slick. Who do I declare it to? Should I call up Northampton BCC and ask them what they suggest? Or should I contact Parking Eye and tell them? Regards