Parkingeye county court claim form recived

StJimmy

I had a feeling I should have checked things out when the LBA arrived with it's high grade printing and heavier weight paper.

Intro back story.

Upon moving out of the parents home I found my self in a more city centre area where for parking near my flat I had the choice of paying £50 a month to use a multi story carpark near to my flat or just use the Lidl/Farmfoods one that was 3 doors down.

My both my parents had gotten PCNs before and they had ignored them as that was the general advice of the internet at the time and they stopped getting letters after a while.

With this in mind I have been parking there everyday and ignoring the letters for about 9 months.

(Side note; in this time I learnt that if I was to get up for work, drive to work, get back from work and park up, stay there over night and then leave the next day for work I would get no ticket with pictures from the auto camera.
If I was to get back from work, park up, over stay the 2 and a half hours then leave during the same day then I would get a letter.
Seeing as I have only gotten 4 charge notices for the 4 times I have done an in overstay then out in the same day I theorises that the camera does not register the over night as a proper stay and so does not trigger a letter.)

I have received today a Northampton County Court claim form for 4 outstanding parking charges.

Upon reading the new advice here I can't say I would have proof of being a customer for all 4 days.

I fear I may be out of options here and have to pay the tune of £480.

(Another side note; The LBA told me that I would only have to pay £100 within the 14 days to make it all go away so I might have been able to get off light then as that seeming to only take into account one charge)

Luckily I already have all of Christmas paid for but looks like I may have to suck this one up.

Is there any weaselling I could give a go to get of this one as I would much rather not make that size of payment to those kind of people.

James

spacey2012

was this pay £100 marked without prejudice, if so you will need permission from the judge to have it included in evidence, as it quite clearly shows the £480 is a penalty I would request an inclusion grant.
Nothing that constitutes evidence can ever be truly excluded, it just becomes discretionary.
In this case I can not see a judge granting the without prejudice exclusion and that is what it is, a request.
I would armed with this offer letter start a very robust contractual penalty, no rights of litigation thus no right of audience defence.

They have had some right spankings in the last month.

kirkbyinfurnesslad_2

STJimmy, could you pm your location by private message please

Coupon-mad

''I have received today a Northampton County Court claim form for 4 outstanding parking charges. Upon reading the new advice here I can't say I would have proof of being a customer for all 4 days.

I fear I may be out of options here and have to pay the tune of £480.''





I really wouldn't pay that, you certainly have options and small claims doesn't risk your credit rating (you will either have to pay or you won't!).

If this was me I would defend it on the basis the charges are not a genuine pre-estimate of loss and PE don't own the car park so are the wrong claimant...signage was too high and unlit (if parked at dusk/night) so there was no contract between the driver and the claimant. And more...

Defences have started to win against PE more regularly which I expect kirkbyinfurnesslad will explain by pm.

Advice: Small Claims & PPCs

List of PPC Court Cases (non-exhaustive)

http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html

http://parking-prankster.blogspot.co.uk/2013/11/i-am-collecting-parkingeye-witness.html

Some useful reading above.

Not only that, PE are often open to an offer as low as £25 per ticket; if you defend it robustly you could also send a strong letter to PE stating that you will see them in court but 'without prejudice' you will offer £20 per ticket or they can send you a POPLA code to take one of the tickets to POPLA and agree to accept the findings re all 4 tickets. At least that opens negotiations and I expect PE would offer something like £50 per ticket if you were minded to pay after all.

Don't forget if you send a 'WP' offer to PE you must also submit a defence to court, to avoid the wheels turning and losing by default for the whole claim.

kirkbyinfurnesslad_2

Yes Coupon just seeing where he is in the country, so if hes in right area and someone is prepared to help, then can see it through from start through to possible court hearing,

StJimmy

Sorry only just go my self back here and as a new person I can only do 1 PM per 60 mins.
I live in east London.