Parking Eye - Court Documents - Wembley Retail Park

DailyClicker

Hi,

I hope someone can help. Stupidly, I didn't realise the advise regarding private parking tickets had changed, so I have not had any contact with ParkingEye to date.

I abroad in Ireland from beginning of December until early January, as my father had a heart attack. I received a "Letter Before County Court" claim on 04/12/2015, so was unable to contact ParkingEye within the requested 14 days.

My father was taken ill again in early February, so I was in Ireland when the County Court Claim Form was issued on 22/02/2016. He passed away on 20/02/2016, and as soon as I returned to England I acknowledged the claim online.

Unfortunately I cannot remember the circumstances as to why "the driver" overstayed in the Wembley Park Retail car park, as this was in July 2015. "The driver" doesn't remember seeing any signs, and "they" parked in this location all day.

If I offer a partial payment (e.g. £50.00) through the Money Claim website and they are not happy to accept the amount, is there a chance to submit another offer or does it go straight to court?

Thanks,

Quentin

You don't use MCOL to do negotiations with a claimant.


But you still have have plenty time to get a defence together, so read up in the newbies faq thread at the top of the forum on this, and come back with any questions/your draft appeal for comment

DailyClicker

Quentin wrote: »

You don't use MCOL to do negotiations with a claimant.


But you still have have plenty time to get a defence together, so read up in the newbies faq thread at the top of the forum on this, and come back with any questions/your draft appeal for comment

Thanks, I have taken a look but unfortunately as "the driver" cannot remember the reason for the extended stay, I guess I have no option but to pay the requested £100?

Redx

so ask them for details of the alleged debt, its their job to furnish you as keeper with those details, so put them on the spot

nobody reasonably expects a keeper to remember these details so long after any alleged infringement , I certainly wouldnt, but as they are alleging the claim for an unpaid invoice, its their job to expand on that alleged debt

in any case. there are no valid reasons for an overstay unless the car broke down or the driver was ill etc

you only have to pay if a judge or court says you do

read through the court part of post #1 of the NEWBIES sticky thread, which also helps you with the part 18 request, plus parking pranksters court guide book as well

DailyClicker

Redx wrote: »

so ask them for details of the alleged debt, its their job to furnish you as keeper with those details, so put them on the spot

nobody reasonably expects a keeper to remember these details so long after any alleged infringement , I certainly wouldnt, but as they are alleging the claim for an unpaid invoice, its their job to expand on that alleged debt

in any case. there are no valid reasons for an overstay unless the car broke down or the driver was ill etc

you only have to pay if a judge or court says you do

read through the court part of post #1 of the NEWBIES sticky thread, which also helps you with the part 18 request, plus parking pranksters court guide book as well

Thanks, I've had another read of the sticky, and checked through the letters they sent and they did provide arrival and departure times (8 hour stay) with photos.

I believe they are asking for a payment of £175 at the moment (£100 amount claimed / £25 court fee / £50 legal rep). I do not believe I have a strong enough defense in order to win in court.

Have they accepted partial payments in the past at this stage? If I submit a defense and lose, could the amount increase from £175?

Quentin

DailyClicker wrote: »

If I submit a defense and lose, could the amount increase from £175?

Yes.


The extra court fee for the hearing (£25) will be added along with the other sides allowable expenses for attending the hearing

Marktheshark

However they will lose not less than £275 in taking you to court IF THEY WIN.
They do lose still despite Beavis .
Take them on and make them lose money chasing money at least.

DailyClicker

Thanks for both your feedback - if only I could afford to take the risk

Has anyone had any experience of offering a partial payment at this stage? I'd be extremely grateful if anyone could offer any advise.

Coupon-mad

You can certainly email ParkingEye and offer a part payment and explain the cirumstances, especially proving your bereavement and also showing the receipt/bank statement to prove genuine patronage of the retail park (annoyingly, you could have easily got this cancelled at no cost had you appealed with a receipt in good time).

Explain you were a genuine shopper and explain why you could not respond to the LBCCC. Maybe offer £30 - £40. They might settle for that. Yes we have seen them settle, often for about £60 but I do not suggest you go straight in at that level especially if you were a customer. If you have no receipt then just mention the bereavement.

Do not admit to being 'parked in this location all day'.

Head any offer up 'WITHOUT PREJUDICE, SAVE AS TO COSTS' and put the Claim number and PCN number in the subject line.

email:

enforcement@parkingeye.co.uk and they will come back to you quickly.

By the way the court hearing is unlikely to end up costing more then £200 if you lose, so not much different from the £175. Typical PE cases lost are at £190 ish.

Keep an eye on your 28 days though, from service of the court papers because if PE don't come stright back re your offer you WILL need to get a defence in...which still does not preclude you from settling later. You can keep up email tennis about it even after submitting a defence and you can settle at any time, at mediation, or later on but what you can't do is miss the defence submission deadline while awaiting PE's answer.

Half_way

have you contacted the landowner at any point asking them if they can get in touch with parking eye to cancel, or at the very least state that they do not want this to proceed to court?

bargepole

Quentin wrote: »

Yes.


The extra court fee for the hearing (£25) will be added along with the other sides allowable expenses for attending the hearing

Not correct.

The only additional cost is the £25 hearing fee, so £200 in total.

The other side can't claim the costs of their hired gun advocate, unless they can show the defendant has behaved unreasonably, e.g. failed to file documents in accordance with court directions, etc.