Parking Eye court stage

Gary_zero

My daughter overstayed in a small retail park car park by 10 minutes limit (1hr 20, stayed 1 hour 30). Unfortunately she ignored the correspondance and it is at the court stage now with her receiving a letter asking if she wishes to have the case dealt with on papers alone or attending court. She did contact parking eye and explained the reasons she had taken so long ie child in pushchair visited numerous stores, and supplied proof of shopping in the aldi store which was quite busy, but all this was after they applied to court. At this stage they offered to reduce the "fine" from £150 to £50 to cover their costs but she can't afford this. The latest letter asks if she wants to have the case dealt with on papers alone or a hearing. Parking eye have already indicated "papers alone". I know it's at a late stage but what is her best option. Thanks for your help

kirkbyinfurnesslad_2

Whats in her defence tbh?
Has she put legal points in her defence, or is it all irrelevent mitigation (ie excuses about shopping for long time, children etc etc)
Its such a shame you didnt come here straight away, esp with it being aldi to!!
She cant afford the £50 but how will see afford it if she looses?
If her defence is not legally sound then personally i would settle now, otherwise its 50/50,if she is articulate then go for a hearing, PE just want to save their own solicitor costs

Where in the Country are you, one of us may be able to help you, but it all depends on the defence etc
https://www.parkingticketappeals.org.uk - Parking eye

Gary_zero

Thanks for your quick reply Her defence was she shopped at three stores with a baby in tow and the Aldi store had queues at checkouts as usual thus taking up valuable parking time and the overstay was only 10 minutes. we're in Preston Lancs

4consumerrights

The latest letter asks if she wants to have the case dealt with on papers alone or a hearing. Parking eye have already indicated "papers alone".

If Parking Eye want to contest on "Papers alone" there must be a reason why they would not want a hearing - so I would opt for a hearing.

Parking eye have been known to submit dodgy witness statements and contracts and late papers - so could do so without your daughters knowledge.

If they are now also offering a £50 reduced settlement fee for costs (which are tax deductible in the main anyway) - they must know they have a weak case.

I am assuming that your daughter has stated she will defend her case in full then.

You should check with the planning department - as many of Parking Eye's Adli store "free parking times" contravene planning regs.

Start reading Parking eye cases on here and Pepipoo and read some of Parking Pranksters blogs - reading the Aldi facebook kicking off thread also

kirkbyinfurnesslad_2

Gary_zero wrote: »

Thanks for your quick reply Her defence was she shopped at three stores with a baby in tow and the Aldi store had queues at checkouts as usual thus taking up valuable parking time and the overstay was only 10 minutes. we're in Preston Lancs

Pay up then, that will not get you any where at all.

Take the offer of £50 if its still available, you dont have a cats chance in hell with that. It pays me to say it but you dont have a chance, so if your daughter cant afford it i suggest you consider paying it

spacey2012

Anyone who suggests paying, please go to another forum, you have LOST IT !

What exactly has she received, you say a letter, from Who, the Scammers or from an Actual Court, look very carefully.
It sounds to me as if Aldi have cancelled the charge and the scammers are sabre rattling for the £50.
With no Authority from a principle they have no right of audience to recover any costs in court born from a contract that has been cancelled by a principle.

Very basic law here .

kirkbyinfurnesslad_2

4consumerrights wrote: »

If Parking Eye want to contest on "Papers alone" there must be a reason why they would not want a hearing - so I would opt for a hearing.

Parking eye have been known to submit dodgy witness statements and contracts and late papers - so could do so without your daughters knowledge.

If they are now also offering a £50 reduced settlement fee for costs (which are tax deductible in the main anyway) - they must know they have a weak case.

I am assuming that your daughter has stated she will defend her case in full then.

You should check with the planning department - as many of Parking Eye's Adli store "free parking times" contravene planning regs.

Start reading Parking eye cases on here and Pepipoo and read some of Parking Pranksters blogs - reading the Aldi facebook kicking off thread also

Waste of time even thinking about this now based on their defence, Based on what their defence is, gives an indication of they would perform in court and a high chance of loosing this. So paying up at £50 is the most risk free and sensible solution

4consumerrights

Gary_zero wrote: »

Thanks for your quick reply Her defence was she shopped at three stores with a baby in tow and the Aldi store had queues at checkouts as usual thus taking up valuable parking time and the overstay was only 10 minutes. we're in Preston Lancs

With a young baby in tow your daughter is covered under the Equality Act 2010 where reasonable adjustments are required. The overstay of 10 minutes also is covered here and in BPA COP's practice for reasonable grace periods to be allowed upon entering the car park and after the parking period has finished before charges are applied.

kirkbyinfurnesslad_2

spacey2012 wrote: »

Anyone who suggests paying, please go to another forum, you have LOST IT !

What exactly has she received, you say a letter, from Who, the Scammers or from an Actual Court, look very carefully.
It sounds to me as if Aldi have cancelled the charge and the scammers are sabre rattling for the £50.
With no Authority from a principle they have no right of audience to recover any costs in court born from a contract that has been cancelled by a principle.

Very basic law here .

So you have someone who has entered a defence which wont work This is quite obvious.
Someone who doesnt have much money and can barely afford that.
If they loose which is most likely they will struggle to pay a CCJ, this will stay on their credit file for 6 years and could have a bigger impact.

I dont like advising people to pay up , but from the information given it is the easier solution.

If they loose because their defence isnt up to scratch and you advise them to go full steam ahead will you indemnify them if they loose?

*if* they had a decent defence i wouldnt advise it

Gary_zero

4consumerrights wrote: »

If Parking Eye want to contest on "Papers alone" there must be a reason why they would not want a hearing - so I would opt for a hearing.

Parking eye have been known to submit dodgy witness statements and contracts and late papers - so could do so without your daughters knowledge.

If they are now also offering a £50 reduced settlement fee for costs (which are tax deductible in the main anyway) - they must know they have a weak case.

I am assuming that your daughter has stated she will defend her case in full then.

You should check with the planning department - as many of Parking Eye's Adli store "free parking times" contravene planning regs.

Start reading Parking eye cases on here and Pepipoo and read some of Parking Pranksters blogs - reading the Aldi facebook kicking off thread also

The case was originally raised at Northampton CC and at our request transferred to Preston CC. It says in the paperwork that "a party refusing to have the case dealt without a hearing may be willing to travel to a court convienient to the other party". Which presumably means She could end up having to go to Northampton CC. What's the likely outcome and worst case senario of having it judged on the papers alone?

Gary_zero

spacey2012 wrote: »

Anyone who suggests paying, please go to another forum, you have LOST IT !

What exactly has she received, you say a letter, from Who, the Scammers or from an Actual Court, look very carefully.
It sounds to me as if Aldi have cancelled the charge and the scammers are sabre rattling for the £50.
With no Authority from a principle they have no right of audience to recover any costs in court born from a contract that has been cancelled by a principle.

Very basic law here .

All the correspondance has been with PE not Aldi and now the court