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

[honeybee13]

Thank you Bazza.

The thing is, Reapstar, I thought you were getting ready to go abroad for six months or more and wanted to wrap this up, have it sorted before you leave the country and take the pressure off your mum. Feel free to correct me if I've misunderstood.

So do you want to try to get rid of the immediate problem by trying to get them to accept £35? What you're talking about a couple of posts up sounds like hours of work. Maybe you could pursue that later.

You mentioned a few posts back about admitting that you're 'guilty' if you pay. It isn't a criminal issue, so no guilty or innocent finding possible.

HB

[Reapstar]

Thanks for the replies guys, I appreciate everyone's input.

I just don't want to give money to who, in my opinion, I consider as criminals. 

I do need to leave the country, I am waiting for the all clear on my health which I should know in the next few days, I am also awaiting a response to my SAR request which the time limit runs out on very shortly. I will be surprised if I get a reply to this, we will see!

Paying them the £35 is a really painful option that is irritating me to even consider, do you know what I mean? It may appear like the easy option, it probably is if they accept it, but then I let them win and this gives them fuel to continue harassing and bullying people in order to gain what I consider a Financial Reward Acquired Under Deception, i.e. claiming that a valid contract exists and has been breached when it hasnt. 

[Nicky Boy]

Reapstar,

Surely, you must realise that you're going round in circles with this.

It is what it is.

If you care to look, experienced moderators on this forum have been dealing with these situations for a number of years.

Don't you think that all legal options will already have been explored?

Things are afoot to control the they, but there's been a bit of a bump in the road

 

[Withdrawn] Private Parking Code of Practice - GOV.UK (www.gov.uk)

 

I think I've already said, you DO have recourse... Win in court, then pursue them with your own claim for breach of GDPR.

You would probably have to put some serious time into this, but the forum would help you.

The payoff could be sigificant, but as usual with courts, there are no guarantees.

Also, as you say, they mess up with the SAR, so you could also pursue them with that.

[Reapstar]

Thank you Nicky Boy, your message is welcomed. I fully appreciate what you have said and trust the experience of the moderators here.

It appears to me that this particular battle is not the time for full out war. I may have to stir the wasps nest another time, we will see what happens with the offer.

Thanks again to everyone that has helped me through this. You guys are really lovely people. God bless you all. 

[honeybee13]

Please let us know what you decide to do.

HB

[Reapstar]

I sent the email offer, I'll report back the reply

[FTMDave]

Going back to their letter offering the £70.

What date is on it?

 

[Reapstar]

It was the 20th of July, so within their 14 day time scale

[FTMDave]

So tomorrow is D-Day.

If there is no reply from the fleecers, you need to decide whether to pay the £70 or else stick two fingers up to them despite the questions of your mum and your move.

From what you've already written, you've decided on the latter.

 

[Reapstar]

Do you mean if they ignore my counter offer?

I have heard nothing back regarding the £35, I have also not had my SAR request responded to by the deadline which is I believe is tomorrow. 

[FTMDave]

Well double D-Day then.

Let's assume they don't reply to the £35 offer or the SAR.

1.  You need to decide whether to pay the £70 or fight.  I think you've already decided.

2.  You also decide if you want to sue them for distress for not respecting your SAR request.  Knowing the sort of person you are, I think i can guess your answer here.  If you are up for this, adapt the letter in post 25 here  https://www.consumeractiongroup.co.uk/topic/452147-loc-to-ncp-for-failure-to-supply-sar-paid-in-full/#comments  and send if off, getting a free Certificate of Posting from the post office.

In fact read the whole thread, it's by someone who sued the PPC and won.

 

[Reapstar]

Well, it has been 6 days, I have heard nothing from the fleecers regarding the 35 quid offer,

I have however heard from NELFT and PALS saying again its out of their hands and to deal directly with PE which was nice. 

What is the next step in this process?

Just checked MCOL and nothing new to note

[honeybee13]

If you still want to travel (have you had confirmation that you're fit to yet?), you may need to split this into the court claim and the SAR issue.

My understanding is you're still waiting for them to decide if they accept your offer of £35?

HB

[Reapstar]

Hey guys, 

Just received this via email :

 

Dear,

 

Without Prejudice (Save as to Costs)

 

We write regarding the above referenced Parking Charge and the subsequent County Court Claim, wherein we are seeking to recover the sum of £185.

 

We are now in receipt of your recent correspondence and we have noted your offer to settle the ongoing claim for a reduced sum. Whilst we are not prepared to accept the offer you have made, we can confirm that we would accept the sum of £70 in settlement of the outstanding claim.

 

The above offer is open for 14 days from the date of this email and payment needs to be made within that time frame. We can confirm that this matter will be closed upon receipt of this payment but that the claim against you will remain should payment not be received.

 

Please note that it may take 24 hours for our systems to update to the above amount. We advise that you wait 24 hours before making payment.

 

Payment can be made by telephoning our offices on 0330 555 4444, by visiting www.parkingeye.co.uk, or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.

 

Yours sincerely,

[Nicky Boy]

So,

They're happy to write asking for money, but not to comply with your SAR?

Laughable.

[FTMDave]

Yes, and no attempt whatsoever to justify where the figure of £70 comes from when their real costs are £35  https://www.gov.uk/make-court-claim-for-money/court-fees

So once again, it's your choice.

Pay £70, the fleecers go away, your mum's free, you can move abroad in peace.

Or ignore them, knowing your mum will have to go to court.

If you decide the latter, the forum will do its best to help you/your mum all the way.

[Nicky Boy]

If we wait a few days, Reapstar may well have a bargaining chip in the form of a SAR claim.

(Could negotiate discontinuance of both claims. With Reapstar's costs being covered, of course).

[Reapstar]

I agree, I don't think they have a leg to stand on, they are just clinging on for a free meal, they are not doing this to protect the NHS from non- genuine patients.

I am certain they will ignore the SAR for obvious reasons so lets let the 14 days elapse on that which is closer to the 14 days they have just given me..

[FTMDave]

New thread created for the SAR distress court claim.

[Reapstar]

Hey guys, has anyone managed to read their response??

[Nicky Boy]

Like me, the others probably thought their burbling response meant absolutely nothing and wasn't worth comment.

[Reapstar]

But, it is always a welcoming feeling when receiving confirmation of my suspicions  

"We were told to cancel it by our bosses but we decided not to"

[FTMDave]

If they defend then their case against you will be defended and your case against them will be defended.

I doubt very much they have POP.  Unfortunately the PPCs regularly lie about the date when they send out their bilge and unfortunately get away with it.,

On 19/08/2023 at 12:42, Reapstar said:

"We were told to cancel it by our bosses but we decided not to"

What do you mean by this?

On 10/08/2023 at 13:19, Nicky Boy said:

If we wait a few days, Reapstar may well have a bargaining chip in the form of a SAR claim.

(Could negotiate discontinuance of both claims. With Reapstar's costs being covered, of course).

This is a very interesting idea by NB.

Have a look at MCOL and tell us the date your claim was issued so we can work out when the fleecers will receive it (MCOL's date will likely be slightly later than the real date as it takes time for claims to filter through the system).

 

On 19/08/2023 at 23:07, Reapstar said:

It says in the letter that they received a request to cancel from the client onsite but couldn't due to the stage of the claim

WEEEEEEEEEEEEEEEEEEEEEEEEEEELL !!!!

This is dynamite.

Please upload this document.

[Reapstar]

It's in post # 246

I find it interesting that they claim a breach has occurred which has allowed them to bypass GDPR and attain personal details of a private individual. (Perhaps I can make up some random claims and then bypass GDPR and collect personal details of people from third parties holding those details if I give them a couple of quid it should all be ok?)

Their claim is invalid, there is no evidence of breach of contract, they have just assumed there is a breach based upon little to no information then used this vexatious claim to enable themselves to gain access to personal data. Could this not be considered illegal?

They claim the vehicle was parked, but parking involves leaving the vehicle unattended, this was never the case and they cannot prove this.

All they have is a photo of the car entering and a photo of the car leaving. This does not prove the vehicle was parked, it just proves that the vehicle entered and then left at the given times that are noted by the photo.

A photo of a car passing a camera does not indicate that the vehicle was parked, it can only be assumed that the car was parked, otherwise the car could have been waiting along with the individual who was in control of the vehicle at the time, i.e. the driver. 

The driver in this particular case, is not the person they are attacking, they are attacking the owner because they have no proof of who the driver is or was. 

That is two major issues I have here.

They cannot prove the vehicle was parked and they cannot prove who the driver was. 

They can only claim, and without evidence in my opinion, their claim is void ab initio, what do you guys think?

With regards to the admittance that they were told to stand down, how does this help us??

Thanks again for all your help Dave  

[brassnecked]

Letter no longer available in Post 246 it says

 

It does mention  PE had a request to cancel but  unable to as had issued a Claimform, so basically want their £25 or whatever for filing the claim.