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Taken to Small Claims Court by ParkingEye

alex_knight_2
alex_knight_2 Posts: 31 Forumite
edited 15 June 2018 at 6:29PM in Parking tickets, fines & parking
Hi all, hope someone can help please. ParkingEye are taking me to small claims court and I feel I should not pay but also I dont want to get a CCJ because of a parking ticket (now £175 inc costs)

I parked in the Lee Valley Hockey Center in London. I was in a rush as my son was late to play a hockey match there. What I didnt notice, as I was in a rush, was that last time I was there parking was free but now if you were playing Hockey, you needed to put in your registration at reception and then it was free.

I appealed as my son was playing hockey and I even got a letter from the Hockey duty manager at the site stating my son was playing hockey there and that it was also not their intention that users should be fined for parking. To my amazement my appeal was rejected.

Now Im being taken to the small claims court by ParkingEye. I want to fight this as its mad, especially as the venue itself are backing me. However, if I lose I will get a CCJ which will affect my credit rating and wonder if this is worth the risk. Should I just pay the £175?

Hope someone can help

Many thanks all!
«13456

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    hi


    if you lose you will get a CCJ , that is fact


    HOWEVER, if you pay it off, IN FULL, within one month , it will be marked as satisfied and you can prove the payment to the court and the CCJ will be struck from the register


    so if you lose , pay it off, in full , that way there will be no effect on your credit rating


    meanwhile , read the NEWBIES FAQ sticky thread near the top of this forum , including how to fight the court claim


    start with the AOS online , then start to draft your defence
  • Umkomaas
    Umkomaas Posts: 42,990 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    However, if I lose I will get a CCJ which will affect my credit rating
    No you won't! Adulteration of the truth by urban myth.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • I dont understand if I lose why I wont get a CCJ. To me it isnt fair anyway on a second level. If I lose, why cant I just then pay what is "owed" and not get a CCJ. Surly its a advantage now for them as I am risking my credit rating over a principle. The sensible thing is for me to pay the money even though I think Im right and have a defense?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    getting the CCJ will affect your credit rating, and will continue to do so for 6 years

    paying it in full within one month means you can apply to have the CCJ struck from the register and therefore your credit rating will go back to its current level

    it is only automatic that one follows the other if a defendant fails to pay it within one month


    you do not avoid the CCJ, you get it struck off after it has been issued


    the sensible option is to defend the claim and if the defendant loses that same defendant pays it off in full, preferably as they are leaving the court
  • DW190
    DW190 Posts: 202 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I dont understand if I lose why I wont get a CCJ. To me it isnt fair anyway on a second level. If I lose, why cant I just then pay what is "owed" and not get a CCJ. Surly its a advantage now for them as I am risking my credit rating over a principle. The sensible thing is for me to pay the money even though I think Im right and have a defense?

    You will not get a CCJ even if you lose.

    The Claimant will get a judgement in their favour that will have an order for you to pay within usually 28 days. If paid on time you will not have judgement registered. Only if you didn't pay



    Follow the advice given and you will more than likely win.
  • Coupon-mad
    Coupon-mad Posts: 149,341 Forumite
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    I dont understand if I lose why I wont get a CCJ.

    If I lose, why cant I just then pay what is "owed" and not get a CCJ.
    Effectively it's the same thing. because you end up with no CCJ when you pay, if you lose. But almost no-one here loses.
    Surly its a advantage now for them as I am risking my credit rating over a principle.
    You are not risking your credit. We know what we are doing and 99% of people here who defend with out full coaching do win in court. There is NO RISK as long as you do all that the court requires because any CCJ is not left on the register if you were one of the unlucky 1%, you would just pay walk away unscathed.

    What you have described here is exactly the same as several cases, and there is a defence example in the NEWBIES thread for this exact situation the one about the Odeon using a hidden iPad:
    What I didnt notice, as I was in a rush, was that last time I was there parking was free but now if you were playing Hockey, you needed to put in your registration at reception and then it was free.

    I appealed as my son was playing hockey and I even got a letter from the Hockey duty manager at the site stating my son was playing hockey there and that it was also not their intention that users should be fined for parking.

    So calm down, read the NEWBIES thread post #2 and do the AOS online first, then adapt the PE Odeon iPad defence and show us your draft!

    Not all ParkingEye cases have a good defence point but yours does.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi. OK. I will trust you guys/ladies and defend myself. If I felt I was guilty of the offense I would have just paid the ticket. I will read up and post on here as you have suggested. Many thanks!
  • Hi


    Where on here do I find "NEWBIES thread post #2" and do the "AOS online" please


    I dont use the site and have searched but cant find anything


    Many thanks. Again!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    top of this forum , 3rd thread down , 5 posts in total , using the hash


    so #2 , the second post


    read it and the links in it , like the BARGEPOLE links and info


    its also mentioned in my signature below every posts I make , and others like coupon mad make too
  • Coupon-mad
    Coupon-mad Posts: 149,341 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hi


    Where on here do I find "NEWBIES thread post #2" and do the "AOS online" please


    I dont use the site and have searched but cant find anything


    Many thanks. Again!

    You searched, why?

    What's wrong with my signature under every post I make?

    Don't know why I bother.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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