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Hi Guys, I have a standard parking eye but with particular personal circumstances that might merit just paying the £145, depending on your advice. On 4th April 2022 we went to the new leisure centre in Berwick-upon-tweed. We don't live in the area and it was our first time since the new centre had been built, so we weren't aware of the parking situation. The old car park was gone, so we parked in the car park immediately next to it, just outside Farm foods. We didn't see any signs and the car park was empty aside from one other vehicle. When we came out, ours was the only car in the car park. I then received the parking charge notice from Parking Eye, along with pics of our car and the signage at the entrance to the car park (again, we didn't see it). I appealed and also sent them an email explaining that we didn't see any of their signage and assumed the car park was for both farmfoods and the leisure centre we were attending. I explained that since we did not see the sign we could not have entered into a contract with farmfoods or parking eye and therefore could not be held liable for any breach of their terms and conditions, therefore they have no contractual right of recovery against me. I refused to pay the charge and said they'd just have to take me to court, where I would defend the claim and seek expenses. So contractually, they have no right of claim because there was no contractual agreement, and there's no delictual liability because they've suffered no losses as a result of me parking there. So legally, I'm confident that if it went to court I would easily defeat a claim because they have no evidence that I read their signage and agreed to the terms therein, and no evidence of any losses they've suffered as a result of my actions. That's before considering any technical rules they may have broken in pursuing the charge What I'm wondering is whether it's worth defending in a practical sense, even though the law is on my side, because I've had some significant issues with long covid for the past 13 months plus a recent reinfection that has set me back a bit. Basically I'd rather not have to attend a busy court during what is the start of another wave of covid infections, or have the to and fro hassle of dealing with a court claim for the sake of £145. BUT, I also don't want to give in to these predatory scumbags and do exactly what so many people do and just give in to them for an easy life. For me, it might end up cutting off my nose to spite my face because I could do to be focussing on my health right now and not running on the treadmill of debt collection again. (I was there 4 years ago and you guys were incredible in helping me resolve it). All that being the case. 1. How likely are they to lodge a claim in court? 2. Are they likely to obtain a CCJ without my knowledge and without me having an opportunity to defend myself and if so, is there we I can intervene to prevent that? I don't want any credit report issues as we're looking to get a mortgage in the next few years. 3. What would you do in my shoes, in light of the above, to balance not being taken for a mug with not engaging these clowns for hours of my time to save £145? Thanks in advance. -
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By snowdragon · Posted
seems most people who been asked have said they still want the Tories to be in power as no one trusts the other parties! rotflmao -
where does any of the paperwork say this is a fine please? please complete our sticky... also next time never ever appeal!! you dob yourself in as the driver and lose all your protection under the protection of freedoms act 2012 pofa2012 designed to protect you from these scam parking companies dx -
is this related too? dx
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