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Parking eye, Cancellation of charges
magiic132
post Sun, 23 Apr 2017 - 13:54
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Recently I spoke to the manager of the hotel where my vehicle was parked, after explaining the situation she was happy to help and emailed parking eye to cancel any charges. I checked the charges on Parking eye's website and initially charges were £175 as the case is at court stage, where as now its at £60. Although the status says OPEN on PE's website, so they haven't cancelled the ticket but lowered the amount they want me to pay. Should I be expecting a letter from PE or the court? How can I check if the charges they've put have been cancelled ?

Can I use the fact that they haven't cancelled the charges as requested against them in court? As I need to prepare my defence.

This post has been edited by magiic132: Sun, 23 Apr 2017 - 13:57
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post Sun, 23 Apr 2017 - 13:54
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SchoolRunMum
post Sun, 23 Apr 2017 - 14:02
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PE will write and *offer* to settle for £60. It's what they always do you should have complained to the Hotel much earlier, not just after court papers. This won't be cancelled without PE getting a pound of flesh. You should be urgently complaining again and requiring that the Hotel covers that £60, or at least go halves as they are responsible for this threat.

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Can I use the fact that they haven't cancelled the charges as requested against them in court?


Nope, because the letter will be headed up 'without prejudice' which means you can't show these negotiations in court. This is an out-of-court settlement.
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I need to prepare my defence.

Yes, you still do, unless someone pays the £60 demanded soon. After that, the £60 is gone and in any case you MUST meet the court deadlines, regardless.
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ostell
post Sun, 23 Apr 2017 - 15:12
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Presuming you have a copy of that email from the hotel to PE then you can tell PE that the principal has requested that the charge be cancelled. I believe there is case law that says that the principal can request cancellation even if proceedings have been started. I can't remember the details.
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magiic132
post Sun, 23 Apr 2017 - 19:40
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QUOTE (ostell @ Sun, 23 Apr 2017 - 16:12) *
Presuming you have a copy of that email from the hotel to PE then you can tell PE that the principal has requested that the charge be cancelled. I believe there is case law that says that the principal can request cancellation even if proceedings have been started. I can't remember the details.


I will get the copy of the email tomorrow, thanks ostell thats something to look into. Also if the Issue date on the claim form is dated 1st April, would that mean defence needs to be submitted 28 days from the issue date latest after acknowledgement of service has been sent?
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ostell
post Sun, 23 Apr 2017 - 20:18
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In to the court at latest 28 days after date of service, which would be 5 days after date of issue.

It's on the claim form somewhere.
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emanresu
post Mon, 24 Apr 2017 - 06:03
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Is it related to this thread?

http://forums.pepipoo.com/index.php?showtopic=113041
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