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

[Reapstar]

That's strange, here it is again

SARREPLY.pdf

[Nicky Boy]

11 hours ago, Reapstar said:

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

I would presume that because the actual landowners instructed the fleecers to discontinue... they should have!

They are simply agents of the landowner and under contract.

Organ grinder and monkey comes to mind.

Well spotted Dave.

Just goes to show, we have to read paperwork thoroughly!

[FTMDave]

No - well spotted Reapstar.

Parking Eye hid this information away in the small print and I did not read the small print properly and missed it.

A judge will be singularly unimpressed with nonsense like "Parking Eye were unable to cancel".  Issuing a Notice of Discontinuance is extremely simple.  I bet at this stage it could even be done on MCOL.

So SAR claim issued on 18 August, five days for service takes us to 23, next Wednesday.  That's when a decision needs to be taken whether to try to negotiate a deal with them or not.

[Nicky Boy]

Further compounded by Reapstar graciously offering to cover their £35 loss and the fleecers STILL refusing to discontinue.

[brassnecked]

If tyhis did go to court would Judge look kindly on that letter I think not.  PE are not in a good situation here now, letter is fatal to their cas, were told to cancel but said no as have issued a claimform.  And Beavis won't help them either

[lookinforinfo]

Can you please post up the original PCN you received in their reply to your SAR  We don't need to see the reminders but the original is the all important on as that is the one they rely on to pursue the keeper. If there are mistakes then your Mother is off the hook as only the driver is then responsible for the debt.

[Reapstar]

Here you go :

 

InitialPCN.pdf

[lookinforinfo]

Thank you for posting the PCN. The good news is that both you and your Mother are off the hook. The PCN does not comply with the Protection of Freedoms act 2012 so the charge CANNOT be transferred from the driver to the keeper. Only the driver is now responsible for the charge and as several thousand people with valid motor insurance policies are allowed to drive that car, good luck knowing who to pursue.

In order to be able to transfer the debt from the driver to the keeper  PE must observe the wording of the Act. And they haven't. Schedule 4 S9 [2][e] states  "

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

If you read the PCN to your Mother it does not invite her to pay the charge nor to pass the PCN on to the driver. It may not sound much but it is a major mistake on PE's part and as such the liability to pay the charge is restricted to the driver only. If you have not appealed the PCN then you cannot as yet claim they have breached your Mother's GDPR in relation to sending numerous notices to her asking to pay when they were not aware that she was not the driver. Once she tells them that in her Witness statement and they continue to take her to Court, that is when her GDPR is breached since they should have dropped the case at the WS stage.

 They have also not complied with the Act again since they are supposed to specify the  parking.period. They have not. They have listed the arrival and departure times which is not the same since driving to the parking place from the entrance and driving from the parking  space to the exit cannot be described as parking.

Whether you can argue that you were not parked even though you were there for almost two hours is a moot point.

i

 

[Reapstar]

You're welcome, and thank YOU!! well spotted!!

So what would be the recommended course of action now??

PCN was never appealed, all they ever got was CAG style snotty letter upon receipt of their letter before claim   

Edited August 21, 2023 by Reapstar

[Nicky Boy]

Stick with what you're doing at the moment. LFI's stuff will be useful in your witness statement, if it goes that far...

[FTMDave]

On 10/08/2023 at 14:19, 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).

As I'm away for three nights from early Friday morning just to finish off the summer, I'll bring forward some ideas, now that the SAR case is up & running.

IDEA 1

Re NB's suggestion above, offer to discontinue your case if they will discontinue theirs.  I don't think, realistically, you could humiliate them into paying your court costs too.  Just you both drop the cases.  You could emphasise that (a) they breached their statutory duty, the dates are clear, they have no defence, and (b) you have from PE themselves, in writing, that the landowner told them to drop their case.  If they accepted, you would be down on the deal by £35.  Is this something that would be acceptable to you?

IDEA 2

You pursue the SAR claim all the way, as really they have no defence.  With their £200 in your pocket, your mum could give in, pay £185, and still be £15 up on the deal.  Again, would this be a positive result In your opinion?

IDEA 3

Your mum fights them to the bitter end on both fronts.

As scribbled before, your case is highly atypical with your mum's involvement and your imminent move abroad, and only the two of you can decide what's best for you both and what she is prepared to do.

[Reapstar]

Hi Dave,

Thanks again for your input.

We are not particularly happy to be put out of pocket due to the crooked games these people play, just waiting to see what happens with regards to the claim on MCOL. 

As soon as I have an update I will post

[FTMDave]

[Reapstar]

lol  

[Reapstar]

I think so,  a pack came through from parking eye, just waiting for it to be scanned and sent to me, will keep everyone updated

[Reapstar]

She has received the defence paperwork, the defence has been posted esrlier in the thread, the defence is 20+ pages, I am being asked if every single page needs scanning because its a bit difficult for her to do?? 

I didnt think this would be so hard doing this remotely!!

[Nicky Boy]

Well if there's 20 + pages, it looks like there's more than you posted earlier.

Is it actually a witness statement?

Or... is it stuff from their claim against you?

[Reapstar]

Hopefully this works

2023-09-23 PE reply to defence.pdf

[Reapstar]

DQ received for this one

[Nicky Boy]

Post hidden. Pdf not redacted fully.

[Reapstar]

She's not very tech savvy, Im going to have to try and get a laptop or something so she can send the plain scan and then i can modify it for upload

[Nicky Boy]

It's OK reapstar.

Admin can still see it.

If no-one else does it, I'll redact and repost tomorrow when I'm on a desktop. 

[Reapstar]

Cheers Nicky, I seriously appreciate that!!

[FTMDave]

Posts moved to correct thread.

This bilge from PE has nothing to do with the SAR claim.  It regards their claim against the OP for the hospital ticket.

[FTMDave]

From time to time the various horrible PPCs have a change of strategy.  PE are going through one now which includes sending this pile of horsedung, which saps your will to live as you read it, after a defence has been filed.

Why?  I don't really know.  It's unlikely to be read by anyone in the court.  It doesn't impede the DQ or WS stages.  You can ignore it.

Sammy here, as in her previous efforts, doesn't like the way the bland defence is expanded upon in the WS.  So when you do your WS this can be pre-empted and the paucity of her PoCs which say nothing about registering of the vehicle and permits can be pointed out so it is so it rather "rich" of her to moan about how a WS expands on details given in the defence.