ParkingEye Fine

bod1467

You don't owe them anything. It was THEIR choice to take you to court, even though they had no standing to do so.

The only people who could take you to court over this are the landowner (principal) or their appointed legal representative ... Parking Eye are neither of these, so their costs in raising court action were self-inflicted.

As they have been instructed by the principal to cancel the action they have no contractual claim against you.

I'm surprised C-M even suggested negotiating £25 with them.

JockeysBird

They say it is because they corresponded with me 4 times and I ignored it and that as it proceeded to a CC Claim they now require me to pay for the costs associated with it and that the costs total £50. It goes on to say "We do this on a without prejudice basis (save as to costs), and must inform you that if this remains unpaid within the next 7 days, the claim against you will remain. Should this matter be settled in Court, ParkingEye firmly believes that all of the associated costs will be found to be owed by you, especially as ParkingEye gave you ample opportunity to appeal this Parking Charge." I guess their arguement is that if I had got in touch after the initial letters and told them I was on the premises and that had been confirmed then they would have never gone so far as a court claim, I see their point in that respect but still I'm sure they shouldn't be entitled to ask me for the money??

Stroma

You haven't answered the question, what exactly have you defended with, if it's on mitigation you are doomed to fail, you need to defend this on points of law. Please place the wording here. They are stuffed if the landowner has withdrawn its permission to take this to court, and they know it.

JockeysBird

I hadn't communicated with ParkingEye, I replied to the Court papers online saying that the company that own the premises had advised parkingeye that I was there and therefore didn't need to pay

Stroma

That is your defence? You are going to fail ! You have got to defend with legal arguments not just that! You have really got to get this right and ignore that you have been told it is cancelled by the landowner , I suggest you go to the parking prankster website to see what to include in a defence. On the cancellation do you have it in writing with headed paper ?

JockeysBird

Parking eye have confirmed that they have cancelled the parking charge as they have had it confirmed by the landowner and the court part has been stopped. This is separate now, they are now saying they want to charge me £50 in charges, between them and me, for not replying to them before it went to court. My defense was accepted and that part is now over.

Stroma

How can it be over? Have you been to court? Has the claim been cancelled? Have you had notification from the courts to say this? If you don't defend properly and it proceeds you are going to lose.

I am not an expert on this, but if bargepole, kirby or parking prankster picks this up who are, they will explain in more detail

JockeysBird

Yes the court wrote to me saying it was done then parking eye wrote to me saying it was done but in last part of letter said they wanted £50 as I wrote above

Stroma

Okay I wish you said that to begin with, it would have saved time and effort in replying to you. They are not going to go to court on this, they would utterly stupid to do so, as they have no basis for a claim. I would be inclined to write something like this

Dear Parking Eye

GET STUFFED!

Regards

But I suppose others will say differently, wait for them to reply

JockeysBird

Haha, thanks Stroma. And sorry if I confused you, I thought in post #9 I made it clear my situation had changed. Thank you for taking the time to respond and I'll wait to see what others advise, although they have only given me 7 days to reply and their letter has arrived on day 4!!