Help! Parking Eye are taking me to court

Hazy94

Hello MSE users,

I'm being taken to Court by Parking Eye at the end of this month, I'm 22, I haven't got a clue about law and I'm kind of nervous.

So from what I recall that day I parked in a small parking spot near town, went out to pay at the machine but it wouldn't accept most of the coins I had on my person at the time. I checked for another machine but then left when I couldn't find one or any other coins in my car to pay with, I was there for a total of 11 minutes and 43 seconds (as Parking Eye's ANPR tells me).

I got a parking fine through the post which I appealed directly, this was rejected. I then read online that you should just ignore these letters totally so that's what I did. I realize now that this probably wasn't the best idea as I missed my opportunity to appeal to POPLA.

We are now at the stage where parking eye have sent me a mountain of paperwork with lots of exhibits and that they're being represented by LPC Law etc etc and I just have a measly defense of that I feel the charge is unfair as I was only there for 11 minutes and I tried to pay but the machine wouldn't accept the money I had.

They have provided a list of people who payed before and after me (although they could have used different coins) anyway the original parking charge was £100, which has been increased to £175 with added court costs.

What I really wanted to know is, parking eye have offered I pay £75 to settle before court. What do you guys think my chances are if I go to court? Should I just pay up? I hate that I'm being charged this much for 11 minutes when I tried to pay in the first place!

Any other advice you have would also be greatly appreciated.

Kind regards,

Coupon-mad

Right, so by what date did your Court directions say you have to file YOUR witness statement and documents (not your initial defence)? Have you done so? What research have you done - BPA Code of Practice - the section on the requirement to allow a reasonable grace period of a MINIMUM of TEN minutes? And you were there for 11 mins...think about it...you had defence points, you appear to have missed them.

Have you still got time before which you have to file your WS and documents you are intending to rely upon?

The_Deep

What did you do after you gave up on the pay machine, did you leave the site? If so, I cannot imagine any judge in the land finding for the PPC.

They cannot add court costs unless the judge agrees, rock up at court and tell it as it was, judges are increasingly cottoning on to the predatory tactics of these greedy companies.

Did you mention grace periods? If so then then their actions are unreasonable and a waste of the court's time. You can if you have the cojones, counter claim for your time due to their unreasonable behaviour.l

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

Hazy94

Coupon-mad wrote: »

Right, so by what date did your Court directions say you have to file YOUR witness statement and documents (not your initial defence)? Have you done so? What research have you done - BPA Code of Practice - the section on the requirement to allow a reasonable grace period of a MINIMUM of TEN minutes? And you were there for 11 mins...think about it...you had defence points, you appear to have missed them.

Have you still got time before which you have to file your WS and documents you are intending to rely upon?

I haven't submitted a witness statement, in the letter I got from the court it says:

"Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

The original documents shall be brought to the hearing

The documents served shall include statements of the witnesses who are to give evidence at the hearing including those of the parties themselves"

so I think this means I have to write one up and take that to the hearing on the 23rd?

I haven't done much research apart from read through a few form posts made by people in similar situations.

Shall I bring up the fact I was only 1 minute over the grace period up in court?

Thank you for replying

Hazy94

The_Deep wrote: »

What did you do after you gave up on the pay machine, did you leave the site, If so, I cannot imagine any judge in the land finding for the PPC.


They cannot add court costs unless the judge agrees, rock up at court and tell it as it was, judges are increasingly cottoning on to the predatory tactics of these greedy companies.

Hi,

Yes I left straight after the 11 minutes is the exact time from my car entering the car park to me leaving.

The_Deep

So the PPC want a latge sum of money because the coins in your pocket were nor accepted by the P&D machine and after 11 minute you left. You did not enjoy the facility in offer, (parking) and spent you entire time trying to pay.

What possible offence have you committed against the PPC that they want you to pay them £100, No contract was ever concluded.

Have you considered counter claiming for your time. I'll bet they would cave in.