Parking Eye Summons **Won in Court**

[Chuck1es]

Hi there,

Firstly, great site.

 

Secondly,

 

I received a summons from Parking Eye for parking at an Hotel in Peterborough whilst I went in for a business meeting.

 

Unfortunately, I threw away all the correspondence recently as I thought the fine had 'gone away' as I wrote to them in disgust in the summer.

 

I arranged to meet a potential client at the Hotel on 24th May 2013 and

when I parked I noticed that I had to pay.

 

I wrongly assumed that the hotel would reimburse me as I was parked there whilst I used their facilities.

However, I did pay via my phone and do admit that the meeting went on longer than anticipated and so

 

a few weeks later received a parking charge from Parking Eye and

 

wrote to them explaining that I had paid for parking (I think 1 hour) and that I had used the Hotel's facilities as a meeting place

and that I felt that although I was late,

I should not pay the excess they were claiming.

 

I heard no more until just before Christmas when I received a summons for £165.00.

 

I have filled in the acknowledgement of service online via www.moneyclaim.gov.uk and

stated that I intend to defend all the claim and

am now looking at the correct defence to submit.

 

Part of their claim states 'parking without authority', which I find strange as

 

how can I get authority before I park?

and also 'captured entering and leaving the car park, parking without a pay and display ticket'.

 

If I recall, no ticket was necessary and the implication seems that I paid nothing, which I did.

Any suggestions ?

Many thanks.

[Crocdoc]

Read the Parking Prankster, he is big into this Parking Eye WITH HUGE Results. In the meantime also write to the hotel chain stating that you are no longer prepared to use their facilities.

 

This is extremely important as more and more retailers are realising that this completely dysfunctional industry serve no purpose whatsoever other than to impact on core business.

[Chuck1es]

hi, thanks for reply. Yes read the Parking Prankster which is what bought me to here.

 

will certainly write to the hotel as well.

[armadillo71]

 

 

I wrongly assumed that the hotel would reimburse me as I was parked there whilst I used their facilities.

However, I did pay via my phone and do admit that the meeting went on longer than anticipated and so

 

.

 

So what did the hotel say when you asked them to reimburse you?

[Chuck1es]

So what did the hotel say when you asked them to reimburse you?

 

To be honest, I can't remember exactly but I think it was along the lines of 'sorry, its a separate company'. If I recall, the lady I asked was a bit embaressed and sheepish as I think she had obviously been asked the question a few times but I do recall being annoyed at the time at the audacity of the situation to the extent that I haven't used the hotel since.

[armadillo71]

 

Unfortunately, I threw away all the correspondence recently as I thought the fine had 'gone away' as I wrote to them in disgust in the summer.

 

I arranged to meet a potential client at the Hotel on 24th May 2013 and

when I parked I noticed that I had to pay.

 

I wrongly assumed that the hotel would reimburse me as I was parked there whilst I used their facilities.

However, I did pay via my phone and do admit that the meeting went on longer than anticipated and so

 

a few weeks later received a parking charge from Parking Eye and

 

wrote to them explaining that I had paid for parking (I think 1 hour) and that I had used the Hotel's facilities as a meeting place

and that I felt that although I was late,

I should not pay the excess they were claiming.

 

I heard no more until just before Christmas when I received a summons for £165.00.

 

 

So all correspondence that you threw away was one parking charge notice letter?

Then you received a summons?

[Chuck1es]

So all correspondence that you threw away was one parking charge notice letter?

Then you received a summons?

 

I think I had the parking charge notice and then a reminder or threatening letter. Thats when I sent a letter of disgust. Since then and until the summons I'm pretty certain I didn't receive anything else.

[ericsbrother]

look up who owns the hotel as it is undoubtedly part of a chain and ask them as they allowed you to use their facilities for the payment offered why are you being sued for the same? tell them that you intend to make a similar claim against them for breach of contract as your agreement with them about using their facilities (and that would include the necessary parking) was that you paid the fee and therefore your contract supercedes any that may have possibly be formed with PE.

In the case of PE then the maximum they can claim can only be for the portion of the payment that you didnt make, namely the excess parking charge for the overstay and anything else is a penalty. That is evident by their charging you by the hour if such a contract was formed in the first place. You were authorised by the hotel to park there and that contract is with the principal and so defeats any subordinate claim that PE may have. To determine whether a contract can be formed by the use of a facility provided by another where you have already paid for it to the principal (occupier of the land) is doubtful and therefore you would demand to see the contract between the principal and PE to determine whether such a contract could be formed at all.

They wont like that and the hotel chain wont like having to look into every transaction they have ever made under the same circumstances so you may get the result you want- the withdrawl of the claim by PE. Only disadvantage is that time is not on your side so return court form saying you defend claim in its totality and defence will be submitted when required by procedure.

[Chuck1es]

Hi all, I defended the claim online and I've now received notification of their intention to continue, along with a directions questionnaire and a very very detailed defence from Parking Eye.

 

I included all the relevant points as found on here and they have replied setting out their defence to each point in an 8 page document plus attachments which comes to 20 pages. A lot of effort for £165 but I guess its fairly standard stuff for them.

 

I am sending off the questionnaire today (due in by 17th Feb), then what do I need to do?

 

Thanks

[ericsbrother]

Right, this is not their defence, they are claiming from you and you are defending. This is not their claim documents either but a bundle they put together to frighten you into paying up before they lose in court. If you look at the first page I bet it isnt a letter with the claim number on , the names of the claimant and defendant and the court of issue but a letter with their references on.

What to do? send back the form with the relevant boxes ticked and wait for allocation. If you feel like it you can complain to the court that PE are sending out bundles of documents porporting to have a legal standing and that you wish to report them for abusing the jurisdiction of the courts by issuing claims with the sole intention of harassing or coercing you into paying up when the merits of the claim do not warrant it.

[Chuck1es]

Hi, I've re-looked at it and yes unfortunately it does have the claim number on it , along with 'In The Northampton County Court Bulk Centre', and theirs and my names as claimant and defendant.

 

You are right though, in so far as it is not a defence but a 'reply to defence', so it likes like they are going for it, so I guess I will have to go to court.

 

Do I do a reply to their reply or just leave it? I have sent off the directions questionnaire.

 

Thanks

[ericsbrother]

No, they are trying to harass and coerce you into paying up without going as far as court.

You have no need to contact them at this stage, you will get your opportunity later on and it is best to keep your details to yourself until that time. They still havent actually paid the allocation fee so they may yet pull out.

[Chuck1es]

Oh right, no your right they haven't paid it.

 

I've ticked the mediation box though, was that wrong? It hasn't actually gone in the post yet, got it with me to post this afternoon, should I change that?

 

Are you saying it is still possible they may withdraw even though they have submitted a fairly detailed reply to defence?

[ericsbrother]

Change it immediaitely, that just allows them to waste more time, untick it and force them to pay up. They are never going to go to mediation as they cannot actually justify their charge in the first place so why should they settle for less?

Ignore all that they have sent you, it is all just there to put the wind up and has no legal standing. It hasnt been sent through the courts because it isnt possible to do so at this stage. You will have time to write a decent detailed defence once you get the next letter from the COURT. Ignore PE but just keep all that they send and use it in your defence as many a jusge has rejected their arguments and you may be able to quote them. Thare are some transcripts on parking prankster's blogspot that are brilliant, you will have to copy them and quote the case numbers as part of your evidence as the jusge wont have the details.

[Chuck1es]

Fantastic, glad I didn't send the letter off this morning, will change it now and then keep you posted.

 

Many thanks for your help. This is a great site.

[Chuck1es]

Hi all,

Meant to post this before but have been away.

The court hearing is scheduled for tomorrow in my local county court. Am I just going there and fighting my corner based on the defence I submitted on my defence form?

[queensclose]

only just saw you post.

spanners you meant wanna try to throw in

does parking eye pay part of the charge to the hotel. how do they account it as payment for a loss. if you you used there the hotel anyway.

 

the fine being £100. how do they account it for being a loss. if they can deduct £40 for early payment. how do they cover the £40 loss if you pay early.

[esmerobbo]

Hopefully a friend will send to your court a "Amicus Curiae" by fax or email. As long as your case is listed and seen.

[ericsbrother]

You can add to or elongate your defence and obviously rebut anything PE say and offer rebuttal evidence without having to file it beforehand.

make sure you object to any new paperwork being enteredinto court by PE, say that as you havent had a chance to read it that an adjournment will be necessary to digest its contents and rebut it. The judge wont like that and will normally then refuse the new evidence (unless you want to enter something different as well).

[Chuck1es]

You can add to or elongate your defence and obviously rebut anything PE say and offer rebuttal evidence without having to file it beforehand.

make sure you object to any new paperwork being enteredinto court by PE, say that as you havent had a chance to read it that an adjournment will be necessary to digest its contents and rebut it. The judge wont like that and will normally then refuse the new evidence (unless you want to enter something different as well).

 

Thanks for this.

 

I have had a letter dated 26th March from them which contains pages and pages of case law to back up their claim. I can't see how I could possibly win as there seems to be so much evidence to support their case. I almost feel like not bothering to go tomorrow but don't want to just give up without a fight.

[esmerobbo]

PE's reams of their successes means nothing a DJ wont be interested in them, its more to do with putting the frighteners on you. In fact more and more judges are becoming aware of PE's nasty trade and are not giving them such a good time in court.

 

Good luck hope it goes well.

[Chuck1es]

Many thanks, will let you all know how it goes.

[Chuck1es]

PE's reams of their successes means nothing a DJ wont be interested in them, its more to do with putting the frighteners on you. In fact more and more judges are becoming aware of PE's nasty trade and are not giving them such a good time in court.

 

Good luck hope it goes well.

 

Wayyyyayyy, Bingo.......Happy days...

You are absolutely spot on, well done and thank you for your post. When I saw their reams of quotes from other judges I almost didn't go....now I'm so glad I did.......the judge ruled in my favour and dismissed the claim after 2.5 hours and was even prepared to award me costs !!!!!

 

Some interesting points of interest though, so I'm going to share my experiences (and understanding) of today's hearing on another post.

 

Thanks again.

[ericsbrother]

Well, done, that is 2-0 today.Let us know why the judge decided PE's claim failed as it will help a lot more people. Also let us know what else PE wanted to raise as oral evidence as you can bet that if it wasnt slapped down it will appear in writing in the near future.

They have massively changed their claims since they started getting hammered from claimed of trespass to breach of contract to contractual sum agreed to commercial justification to god knows what now.

[JoeyJoeC]

Just out of curiosity, how do they award you costs? Do you have to go in prepared with a breakdown of your costs? Or do you have to make a separate claim?