The dreaded parking eye..... **Ticket Cancelled**

[Carmor]

Help.........in august I went to Newquay on holiday, we purchased a PE all day parking ticket which cost £6.00 . Few weeks later received a letter saying we owed money, but they weren't specific as to what our breech was?. Luckily I still have the parking ticket, although it states the amount of money paid, it does not state the time allowance.

Well I have received 3 letters to which I have ignored, but today received a county court threat, what do I do! ?

[nataku]

I would have thought that ParkingEye does send very detailed letters - pictures of the car, reg plate + detailed times and dates.

Did they send such letter to you?

 

If not I would write to them and ask them to produce some evidence.

Edited October 11, 2013 by nataku

[renegadeimp]

Ask them what the breach was.

 

They only enforce private parking lots, and even then they can never win in court with a solid defence against them.

[david1605red]

... they can never win in court with a solid defence against them.

Apart from these ones, presumably: http://www.parkingeye.co.uk/News

 

I know that at least two of these are real, I did the defence statement for 3QT61574, and another Pepipoo helper did 3QT29139.

 

The reality is, that even with the most robust defence statement, unless the defendant really understands all the legal points and is able to argue eloquently in Court against the LPC Law solicitors who are now acting for PE, it is more likely than not that a District Judge will find in favour of the claimant.

[Carmor]

Ask them what the breach was.

 

They only enforce private parking lots, and even then they can never win in court with a solid defence against them.

 

Yes the letter was detailed with times,date etc, but didn't state what we had done wrong, we paid for all day parking, arrived at 11.28 and left at 17.02, think I'm too late to appeal, but will do so anyway , thanks for your replies.

[hoohoo]

Hi RenegadeImp, do you have a solid defence that carmor can use? ParkingEye have won most cases in the last few months because defendants were apparantly not using a solid defence and were up against experienced litigators who can bamboozle and confuse a novice defendant. ParkingEye are quite happy to lose money on every single case that goes to court it seems, so that they can scare people into paying up.

 

Carmor, my advice is to get a solid defence in, hopefully from RenegadeImp, and then meanwhile to put pressure on the landowner to cancel the charge. This has worked well in the past.

 

 

If PE did not give you a letter before action that is compliant with practice directions, then complain to them, the court and the solicitors regulatory association. Ask the court to refer the case to the industry standard ADR, which is PE's own appeals service followed by POPLA. PE lose every case in POPLA where pre-estimate of loss is brought up, so they will refuse at first, but keep trying.

 

You can also negotiate. PE don't really want to go to court because they lose money and have settled for as low as £27. If you would be prepared to pay a lower figure rather than go to court, then start negotiations. PE are known not to be able to justify their solicitor fee of £50, so they will knock that off for a start. Ask them to knock off the £15 filing fee because their LBA was not compliant. Then see how much lower they will go. Remember, they will go as low as £27.

 

Good luck

Edited October 11, 2013 by hoohoo

[ims21]

Sadly there is also the Judge lottery that people are up against.

 

There is no such thing as a dead certainty in court but a damned good defence helps of course.

[hoohoo]

Yes the letter was detailed with times,date etc, but didn't state what we had done wrong, we paid for all day parking, arrived at 11.28 and left at 17.02, think I'm too late to appeal, but will do so anyway , thanks for your replies.

 

Update. As you did pay, PE usually settle for £50 to cover their costs. Perhaps you keyed in your registration incorrectly.

 

Unless you are good in court, its probably worth paying £50 to make this all go away. But try the landowner route as well.

[armadillo71]

ParkingEye are quite happy to lose money on every single case that goes to court it seems, so that they can scare people into paying up.

 

 

PE don't really want to go to court because they lose money and have settled for as low as £27. If you would be prepared to pay a lower figure rather than go to court, then start negotiations. PE are known not to be able to justify their solicitor fee of £50, so they will knock that off for a start. Ask them to knock off the £15 filing fee because their LBA was not compliant. Then see how much lower they will go. Remember, they will go as low as £27.

k

 

Which one is it then?

[hoohoo]

Which one is it then?

 

Both. they are not mutually exclusive. If you don't offer to settle they will always go all the way, and will fork out more money than they make for an LPC Law litigant. They lose money, but get bragging rights on their web site. They don't drop cases, as far as I can tell.

 

But, so far I have never known them not settle if you attempt to negotiate.

[Carmor]

I've followed the link David put up and sent an appeal letter and photo of purchased ticket. I really don't want to go to court, I've got enough on my plate!

I have asked them to outline the breach, so will await their reply. (The reg was correct on ticket hoohoo.)

[nataku]

Apart from these ones, presumably: http://www.parkingeye.co.uk/News

 

 

Are they actually allowed to put names and case numbers on their website??

[hoohoo]

It's great that you had the ticket. In all normal situations most people would now expect the parking company to cancel the charge and pull out of the court hearing. But this is ParkingEye!

 

You still need to file a defence or ParkingEye will get a default judgement against you.

 

I would suggest something along the lines of; RenegadeImp may be able to suggest something better.

 

A ticket was purchased for the period in question and no parking charge is therefore due. A copy is enclosed as part of my evidence. As ParkingEye have no cause of action I invite the court to strike out the case.

 

As ParkingEye have failed to follow practice directions I have not yet have the chance to enter into dialogue with them and follow the proper pre-court action. This will minimise costs and time for both parties and also the court. If the court does not strike the case out I request that the case be stayed so that pre-court action may be followed. After this, I request the courts permission to file a fuller defence, once I understand what ParkingEye's case actually is.

[kirkbyinfurnesslad]

Come on renegade please come up with a defence that parkimg eye can't beat

[kirkbyinfurnesslad]

Are they actually allowed to put names and case numbers on their website??

 

Yes it's perfectly legal

[armadillo71]

Friday night, all round PE's house for some beers & a take away....

& hit the forums!

[citizenB]

When you say you have received a County Court threat.. have you actually received court papers or simply a Letter before Action ?

 

If you have a properly issued claim form, then please let us know the following..

 

Date of issue - top right hand corner of the claim form.

 

And.. type out exactly what they say they have issued the claim for.. that will be in the box toward the bottom on the left.

 

If you are able to scan the form and post it on the forum, minus any personal details, that would be better.

[hoohoo]

Ah - I missed that. If PE have not yet started court, and it's just a 'threat' then you should be able to get them to cancel. It's only once they file court papers that they seem to dig their heels in.

[Carmor]

Ah - I missed that. If PE have not yet started court, and it's just a 'threat' then you should be able to get them to cancel. It's only once they file court papers that they seem to dig their heels in.

 

It's a "letter before county court claim", is that good?

Edited October 11, 2013 by Carmor

[kirkbyinfurnesslad]

It's a "letter before county court claim", is that good?

 

Yes ! It gives u time to act

[Carmor]

Oh right, well I've sent them an appeal e-mail, so do I just await their reply?

If we had outstayed our time limit etc, then I'd just bite the bullet and pay, but when we haven't done anything wrong....as far as I'm aware......then I won't hand my hard earned money over without a fight!

Edited October 11, 2013 by Carmor

[citizenB]

I am sure others will be along over the weekend to give you some advice..

[renegadeimp]

If we had outstayed our time limit etc, then I'd just bite the bullet and pay

 

Why? Its not a local authority car park, so they have no claim against you.

[kirkbyinfurnesslad]

Why? Its not a local authority car park, so they have no claim against you.

 

You obviously havent dealt with any parking eye cases in the county court this summer. County court judges would seem to disagree with you

[renegadeimp]

As with any case, it comes down to the judge. However, in most cases, the judges dont have a clue what they are doing. And before you say anything, thats been proven multiple times. If the judge finds in favour of the claimant, you can always appeal providing more info.