court proceedings parking eye.

Iceweasel

hcad12 wrote: »

I sent the defence a couple of weeks ago when I received the court documents. I sent a copy of my insurance to show that I was no longer insured to drive the car as it was still registered to me. I did not name the driver as i don't have a forwarding address for the driver and i googled and the forums were saying either ignore all together or that I did not have to disclose. I don't see why I should pay somebodys elses fine. I understood that as I wasn't driving I did not enter a contract with parking eye.

I'm afraid I just don't follow your logic regarding the insurance - exactly how could it show that you were not the driver?

I could show you my insurance for my car - but that doesn't prove that I wasn't driving some other car.

It's irrelevant anyway as you are liable under the 2012 POFA as Redx has said.

No one on here has been saying to ignore or that the keeper is not liable for well over 15 months.

I agree with you - why pay someone else's bills - it's definitely NOT a fine by the way.

Name the driver now and let them deal with it.

Hopefully you are not too late.

Stroma

Its too late to name the driver as a small claim has been initiated, the OP must now deal with this themselves, and judging by what has been sent I would be contacting Parking Eye to see if they will settle of court on a non prejudice stance

hcad12

I don't see why you are making such a big deal out of the insurance documents. As I was still the registered keeper as I was waiting to swap the number plates over the insurance was to show that i used to be insured to drive it but was no longer insured as I drove a different car. It showed the date the car transferred to the new person driving it at the time of the PCN. I also have a witness to state that I was not driving. Also, I never said it was this forum I had looked at before I replied to the PCN

Stroma

The reason why the insurance makes no difference is that you own another car and are insured to drive that, now most fully comprehensive policies allow you to drive other cars on a third party basis! So your whole defence has just fallen apart as you can still drive that vehicle!

Now we have been dealing with these issues for a long time, and I don't say to offer a settlement to parking eye lightly now to stop this going forward to a court appearance , because I'll put this nicely, you have no chance of winning this unless a judge looks kindly on you.

Coupon-mad

They have now issued court proceedings which I have sent a defence saying I wasn't driving.

That's pretty shocking in terms of lack of research when you are being sued. Sorry but you'll lose unless you send further defence evidence and points pretty sharpish - and you need to read about it yourself and make sure you understand the real defence points. OMG it was bad enough to Google and read old 2012 threads about ignoring it (and not reading the current forum advice at all at the time which is only ever ONE click away) but to send in a useless defence...oh dear. Oh dear!

All I can suggest is you read post #5 of the 'Private Parking Ticket? NEWBIES please read these FAQs first!' thread (read the section of that sticky thread, all about small claims). Learn about what you should have said in your defence, and how people have won v PE in court. Not by saying they weren't driving and not bothering to actually defend.

Then when you've read the links there including getting yourself a copy of the Parking Prankster's Guide to defending a PE small claim, try sending a supplementary defence to PE and to the local court once it's allocated locally.

Or email PE and make a small offer, such as £20, without admitting liability. Email [EMAIL="enforcement@parkingeye.co.uk"]enforcement@parkingeye.co.uk[/EMAIL] and enter into some free exchange of more worthwhile information and forget the driver issue. Normally I wouldn't advise making an offer but your case is about to be lost in court and they must be rubbing their hands in glee about the 'I wasn't the driver' out of date defence. You have marked yourself out as a victim so please read about how you might be able to claw this back.

Don't pay, after all the Cambridge ParkingEye test cases decision is imminent - you've read enough to have found out about that I hope?

hcad12

I came on here hoping for some advice not to be put down by people who think that because they have knowledge of the subject it entitles them to speak down to people. I have had a lot of things going on in my personal life and dealing with parking eye about this was not my priority. Thanks for your help. I will get legal advice next week

MRS_A_3

Do you have anything in writing to say that he was buying the car from you prior to the charge?

Stroma

hcad12 wrote: »

I came on here hoping for some advice not to be put down by people who think that because they have knowledge of the subject it entitles them to speak down to people. I have had a lot of things going on in my personal life and dealing with parking eye about this was not my priority. Thanks for your help. I will get legal advice next week

Speaking down to you? Listen we are giving our advice for free, we have been dealing with small claims by various companies for the last 18 months, we know what can win there, and we certainly know what will fail, your case will fail!

Go and seek legal advice if you wish, and good luck with that! But I tell you something for nothing, unless you've got legal cover on some sort of insurance product, that advice will cost more than the claim, you may as well offer to settle now!

And unless the solicitor is versed in this area of law, you will only get the most basic of advice, the small claims track is meant for use without expensive solicitors. I suggest you follow the advice on here because though we are not qualified we are damn well experienced in this matter.

Annie1960

hcad12 wrote: »

I came on here hoping for some advice not to be put down by people who think that because they have knowledge of the subject it entitles them to speak down to people. I have had a lot of things going on in my personal life and dealing with parking eye about this was not my priority. Thanks for your help. I will get legal advice next week

Hi hcad12

You really don't need legal advice, everything you need is in the Newbies Sticky thread.

What you do need to do is to spend some time reading through the relevant parts (coupon-mad's post #16 gives you the advice you need about where to concentrate your efforts.

We've all been very frustrated when we received such tickets, and the underlying issue is that companies like ParkingEye do not have a sustainable business model, they continue in business by pressuring decent people into paying.

The way to beat them is to use the legal arguments. Legal arguments have nothing whatsoever to do with mitigating circumstances, or what actually happened on the day. Once you get your head around that point, you are half way there.

The additional difficulty you have is that you were following old advice to ignore, so you have got to a later stage in the proceedings and now have to go through the legal route. This may make your task harder, but it's still worth a try.

The bottom line is that these companies often try to negotiation lower fees just to get something out of people, so in your case it has been suggested you offer then £20 which may tempt them to leave you alone.

Redx

hcad12 wrote: »

I came on here hoping for some advice not to be put down by people who think that because they have knowledge of the subject it entitles them to speak down to people. I have had a lot of things going on in my personal life and dealing with parking eye about this was not my priority. Thanks for your help. I will get legal advice next week

what you needed was advice and straight talking , not kind words and platitudes

you got straight talking but your intransigence in not seeing the truths of the matter is what you will regret if and when you fail

even if you do get legal advice that is good and the person knows the score, I hope that person gives you the straight talking to that you need and deserve and maybe that person wont be on your xmas card list either but hopefully you will take it on the chin and listen to advice properly when its offered , especially when its for free

this isnt a glee club or a backslappers convention , its a forum where you get told what you need to know , more importantly what you need to do to win, if that means being "talked down to" then if thats what it takes I say it should be done , sometimes truth hurts but its still the truth

people here are frustrated by the head in the sand attitudes that seem to prevail, also we all get frustrated at these companies making fools out of people who dont do the basic research , especially on insurance policies where many of them (my own included) allow me to drive any car not belonging to me and not on a hire agreement to me

sorry to say I think you will lose on what I have read so far, I hope not , we all wanted you to win but your stubbornness in this will be your undoing I am afraid to say, plus very few legal eagles will know enough about this unless you get "mr loophole" to deal with your case

hope you win , but I fear you wont , which means a bad judgement will ensue

ps:- I read this thread properly and no forum rules were broken when people gave you the free advice , so dont shoot the messengers !