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Letter Before County Court Claim - Parking Eye

Hi!

I received a Parking Eye 'fine' (Invoice!) a couple of months ago having parked for over two hours at a retail park on a Sunday. The car park was virtually empty for the entire time. I was driving my wife's car and it is my wife that has received all the subsequent correspondence.

Having read a number of these forums I was originally under the impression I should just ignore the letters, which is what I have done. However, today I received a 'Letter Before County Court Claim' and am concerned that I am not strengthening my case by ignoring the letters.

Having read others experiences I must admit that my case is probably a little weaker than most. I was in the retail car park because I couldn't get into the local swimming pool car park where I had waited for over 20 minutes with two children under 5. I decided to use the retail car park as it was empty. I had no idea about the two hour limit, although I am now aware that there are signs that do notify customers. For what it is worth, we do shop regularly at the retail park.

My case, if it went to court, is that £100 (£60 if I paid early) is excessive considering the car park was empty and that a pay and display car park would charge me £2-3 for parking for the same period. In addition, I am uneasy paying Parking Eye, a company I do not know, such a sum, which I understand they are unable to enforce. I could just pay it and lose the hassle but my principle tells me that they are cowboys who prey on people that they can scare into paying unreasonable sums of money.

Can anyone provide me with advice as to my best course of action? Critically, are we likely to obtain CCJs for not paying or allowing this to be contested in court?

If the advice it is pay up then fair enough!

Cheers,
«1

Comments

  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Another template pattern post.
    Be happy...;)
  • Oliverio
    Oliverio Posts: 11 Forumite
    Excuse me?
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You are excused.
    Be happy...;)
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Ok here is what to do in this situation.

    You wife writes to Parking eye;
    Dearest parking scammers , I am registered keeper of car REG, in receipt of parking charge number 09868076
    I Herby inform you by signed statutory declaration that the person driving the vehicle on this day was:
    NAME HERE
    SIGNED THIS DATE :

    This legal served notice discharges keeper liability under POFA 2013
    Notice Deemed as served as postmark.
    Be happy...;)
  • martmonk
    martmonk Posts: 863 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    spacey2012 wrote: »
    Ok here is what to do in this situation.

    You wife writes to Parking eye;
    Dearest parking scammers , I am registered keeper of car REG, in receipt of parking charge number 09868076
    I Herby inform you by signed statutory declaration that the person driving the vehicle on this day was:
    NAME HERE
    SIGNED THIS DATE :

    This legal served notice discharges keeper liability under POFA 2012
    Notice Deemed as served as postmark.

    Then read the stickys and appeal once you receive a notice to driver.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    However, log in and select defend whole claim and file a full defence if they ignore your notice, first buy time by acknowledging and select defend.
    Serve them the declaration every 7 days until they respond and obtain proof of postage certificate.
    They might acknowledge it, they are getting a right spanking at court lately.
    Be happy...;)
  • bod1467
    bod1467 Posts: 15,214 Forumite
    NAME HERE
    ADDRESS HERE
    SIGNED THIS DATE :

    She needs to give a serviceable address as well as a name. (Doesn't matter if it is the same address as hers).

    And get a (free) certificate of posting / proof of posting from the Post Office.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The Most practical advise is ; Where you see a parking Eye sign, stop, turn around and go shop somewhere else.
    They can not be trusted not to scam you.
    Be happy...;)
  • Coupon-mad
    Coupon-mad Posts: 161,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    spacey2012 wrote: »
    However, log in and select defend whole claim and file a full defence if they ignore your notice, first buy time by acknowledging and select defend.
    Serve them the declaration every 7 days until they respond and obtain proof of postage certificate.
    They might acknowledge it, they are getting a right spanking at court lately.


    The OP hasn't got court papers, he's got a LBCCC:

    http://forums.moneysavingexpert.com/forumdisplay.php?f=163

    So he needs to read the LBCCC advice thread at the top of the forum there.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Oliverio
    Oliverio Posts: 11 Forumite
    Thanks for the posts. Useful stuff, much appreciated.

    I have notified them that I was the driver to reset the clock. I will await their next correspondence and then start the appeals process.
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