Small claims court.

Rab_UK

Hi All,

I have found myself being taken to small claims court..

Here is the timeline as far as I can remember..

Late last year someone was driving my car and parked in a hotel for a work training course. Parking was free as this person was there as a customer. Number plate was logged (incorrectly it seems) with terminal in reception.

A week or so later received a penalty charge notice. Didn't do anything at this point. £100 reduced to £60 if paid within 14 days.

Some time later received a parking charge reminder. At this point the driver of my car on the day contacted the hotel to inform them that there was some sort of mistake. They said they would contact parking eye and this was a common occurrence.

Didn't hear anything for months. Assumed ticket was cancelled.

Couple of months ago received claim form from Northampton County Court.

I filed a brief defence online stating I was not the driver on that day. I subsequently received a court date for early next year.

Called hotel again requesting they contact parking company again. This they did cc'ing me in the email they sent. I also sent a letter of proof from the drivers employer explaining they were indeed at the hotel on that day on a company training course.

Received defence from parking company.

Recently received letter from parking company "without prejudice as to reduce costs" offering to settle the claim with a reduced payment of £125 as a gesture of goodwill.

I'm now at the stage where I either file my submit my witness statement soon (or settle the claim)

Am I in a winnable situation here?

Thanks in advance for any help.

Marktheshark

Yes you can win, just hold your nerve, tell parking Eye you have written confirmation the principle has cancelled their authority to pursue legal action and you will see them and their £350 rentasolicitor at court on the day for your £90 expenses.

Then file your defence enclosing the e-mail as well as ALL standard wide brush points.

Marktheshark

Forget to add, make sure the hotel are aware that PE have refused to withdraw the claim against you and you will therefore have to request the attendance of a company representative at court to act as a witnesses to the document they issued you with.

Lets be straight here, that is exactly what parking eye have done, ignored the hotel and are the tail wagging the dog.

These firms that employ them need to be aware of how PE regard them for letting them operate in their car park on their land.

Rab_UK

Marktheshark wrote: »

Yes you can win, just hold your nerve, tell parking Eye you have written confirmation the principle has cancelled their authority to pursue legal action and you will see them and their £350 rentasolicitor at court on the day for your £90 expenses.

Then file your defence enclosing the e-mail as well as ALL standard wide brush points.

They did mention in their defence that that they had received this cancellation request but are unable to act on it as legal proceedings have been entered into and further costs incurred.

yotmon

Rab_UK wrote: »

Hi All,

Late last year someone was driving my car and parked in a hotel for a work training course. Parking was free as this person was there as a customer. Number plate was logged (incorrectly it seems) with terminal in reception.

Just for clarification, who wrote down the reg. number, the driver or the hotel clerk. It would add more 'weight' to your case if it was their employee, but nothing lost if it wasn't.

Coupon-mad

I filed a brief defence online stating I was not the driver on that day. I subsequently received a court date for early next year. Am I in a winnable situation here?

Not with that defence you CANNOT win. Oh dear. That is awful. You can't change it without a 3 figure court fee (£100?).

Why are PE demanding £125 seeing as they normally settle for £60? Wrong wrong wrong, GREED.

This is surely for the HOTEL to pay, or you could sue them for causing you loss. Get ANGRY at the Hotel and ask why PE and the Hotel are demanding YOU pay £125? Tell them if you end up paying you will sue the Hotel for it back, plus costs.

Rab_UK wrote: »

They did mention in their defence that that they had received this cancellation request but are unable to act on it as legal proceedings have been entered into and further costs incurred.

But PE normally settle for £60. This is ridiculous from both PE and the Hotel, yet your 'brief' defence has made this unwinnable in court if you didn't even mention the facts. Or did you?

yotmon

Rab_UK wrote: »

Hi All,


Called hotel again requesting they contact parking company again. This they did cc'ing me in the email they sent. I also sent a letter of proof from the drivers employer explaining they were indeed at the hotel on that day on a company training course.

Recently received letter from parking company "without prejudice as to reduce costs" offering to settle the claim with a reduced payment of £125 as a gesture of goodwill.

So, they are aware that it was a mistake and have been asked by their Principal to desist from pursuing you. Yet, they still want their 'pound of flesh' to cover costs ! Costs that can be written off against tax by a multi million pound organisation. They were bought by Capita in 2013 for £57,500,000 and forecast an operating profit of £8,100,000 for 2014. Yet they are still not big enough to say 'sorry, we now realise it was a mistake'.

Umkomaas

Not sure this is PE - they haven't been named by the OP. It seems it has become an assumption following Marktheshark's post at #2.

Coupon-mad

Good point, we need to know if this is ParkingEye as £125 is ridiculous - but surely for the HOTEL to pay.

Rab_UK

Umkomaas wrote: »

Not sure this is PE - they haven't been named by the OP. It seems it has become an assumption following Marktheshark's post at #2.

Yes this is indeed PE

Coupon-mad

As advised above then:

- you cannot win if your defence only said you weren't driving, sorry.

- I reckon that's why PE have set the cancellation bar high. They know you will lose otherwise.

- This is the Hotel's fault. They should pay.