Parking eye court proceedings - help

Pesh13

My son received a parking eye ticket in the Holiday Inn Royal Victoria, Sheffield on 17th July for a 53 minute stay at 11pm. He was dropping friends off at the hotel and didn't realise he had to pay.
The vehicle is registered in my name. We ignored all letters until we had a letter from Northampton County Court.
I replied to them that I was not the driver; the driver had not seen the signage as it was dark; he was dropping off guests at the hotel; the charge levied is disproportionate to any loss to the land owner; and that I believed the charge to be unreasonable.
I have now received Parking eye's notice to proceed with added documentation.
What should I do? Is it simplest just to pay the £155 they are claiming (£90 Fine, £15 court fees, £50 solicitor)
I would appreciate any advice as my son is abroad for the next 3 years.

bargepole

Have you not read any of the stickies at the top of this forum?

Redx

as you ignored all the letters what else do you expect them to do ?

you are the RK so they are holding you responsible under POFA 2012

SevenTowers

Plagurised from a posting by Gan of almost identical circumstances;

Go to the Parking Prankster website where you can get detailed instructions how to deal specifically with Parking Eye claims

It's a near certainty that ParkingEye received the letter and ignored it so are continuing to chase the keeper anyway
The British Parking Association's Code of Practice seriously mis-states the Protection of Freedoms Act when it says that a parking company can pursue the keeper if the driver ignores them or IIRC is outside the jurisdiction of the UK court

The defence must therefore make very clear that they know the identity of the driver and have brought the claim against somebody that they know has no liability

Redx

pranksters court guides etc https://forums.moneysavingexpert.com/discussion/4864999

SevenTowers

And yes, the simplest thing to do would be to pay them £155, but nobody on here would recommend that you do so.

HOWEVER, it will take some effort on your part to fight this, you will need to be prepared to do a lot of background reading and preparation work. If you are willing to put in some work you will get support from here. There is no guarantee of success, but the the tide is turning against Parking Eye and you have very little extra to lose by fighting it, and everything to gain.

If you do want to fight it get over to the Prankster's website, which tells you everything you need, I would also recommend spending the price of a coffee downloading his guide.

http://parking-prankster.com/court-claim.html

When you have read up come back here again.

Have you acknowledged the claim and requested an additional 28 days?

spacey2012

If you do not want to pay the cost of a pint and download parking pranksters guide, then I am afraid, you better get ready for a CCJ in your name.
You must now only deal with the court, anything else carries to much risk, parking prankster has compiled a step by step defence guide, you will need to formulate a very strong defence, ignore any rubbish about pre -court protocol doing the rounds as not once has this stopped them or had any case prevented from been heard.
File a defence as per his guide utilising all the points, list other cases and print transcripts and send a copy off these to parking eye with the case number written on and obtain a certificate of postage and keep it very safe.

Depending where you are someone may go with you, on the understanding it is a open chance and can go either way.

So consider asking for help with the case listing your town.

With the correct defence they will most likely lose.

However here is a trick to spanner the works, BPA guidelines are not law the POFA is law.

Write to them.

Dear parking scammers:


The Registered keeper names (who was driving) as driver of the vehicle in receipt of parking charge 8769876
Under POFA 2013 this discharges keeper liability regardless of the rules a trade club may state.
Therefore as of this date a served notice of discharge of keeper liability under POFA 2013 is duly served as post one working day from postmark.


Stamp only, certificate of postage.

They will ignore this, so the copy will need to be mark exhibit and put in with the defence bundle.
The judge will want to know why they ignored it, they will barf up BPA rules, which are just the rules of a trade club and as valid as the instructions on a box of cornflakes.