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Parking Eye taking me to court

6 Posts
I parked on a private car park managed by Parking Eye in January. I paid £1.50 for two hours but overstayed by 39 minutes. Three hours would have been an extra 50p. Soon after I received a parking charge notice for £100. I immediately wrote to Parking Eye stating that their charge was disproportionate and would not be paid (as advised on Money Saving Expert site). To cut a long story short, they have written several times during 2013 demanding payment, culminating in a Court claim via Northampton Bulk Centre for £100 + £50 solicitors fee + £15 admin. I replied in defence to the court stating that this should not be paid under the terms of the Unfair Terms in Contract Regulations 1999 and the OFT guidlines on these regs regarding disproportionate sanctions for breach of contract. Parking Eye have responded with a raft of cases where precedents have been set in their favour on both my defences. The court is offering a free telephone mediation service rather than going to court and I have to reply by 20th December. Any advice would be very welcome.
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Others will be along to suggest how to build a court case but in the mean time you might want to accept the offer of mediation and suggest that the mediation be carried out by the industries accepted independent mediator - POPLA. So Parking Eye will need to provide a new POPLA code.
The first is to handle your court case and decide if you want to do telephone mediation. Can't see that one winning against one of their barristers. So you might want to go for a court case with personal appearance.
In that case, you need to form a defence. Start looking at recent POPLA decisions from the sticky thread. Essentially the same arguments can be used in court. Also read the Parking Prankster's Blogspot and see his recent list of Parking Eye failures including the ones at the end where the judge threw out their case as they had no landowner interest.
Search the POPLA Decisions sticky for "Judge Jenkins".
But some better experienced contributors should be able to help getting a stay of case in order for you to get their papers to you and your case together.
One lesson to be learned, don't do the Ostrich strategy again!
Based on the replies on this thread (thankyou) I'm tempted just to pay up now & get the stress over with as it looks pretty dodgy
The clue lies here :
© [FONT=Verdana, Arial, Helvetica, sans-serif] 2007-2011 Ticketfighter.co.uk[/FONT]
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From that site.
However that site STILL promotes the Ignore option, even though it acknowledges POFA2012 and POPLA.