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Parkingeye ignored all communications and now I'm going to small claims court!

Hey I am looking for some advice.
I got a parking ticket last summer from Parking Eye, I sent in a letter of appeal on the basis that I hadn't parked I was just being picked up - to be honest fully expecting to lose. Anyway, I heard nothing until I got the letter increasing the fine, I emailed to say that I was still waiting for the outcome of my appeal - got the automatic response that they would reply within 10 days - I heard nothing until a letter threatening me with a CCJ came through with added legal fees taking it to £195- this was well after the 10 days.. I phoned them (they don't have a number for tickets so I phoned their client line) I was told they couldn't speak to me and while I was actually on the phone, she replied to my email - with a standard email saying that it was too late to appeal - they didn't actually say whether they were addressing my appeal.
I really don't want a CCJ so I contested it and now have a date for small claims court. Please can you give me some advice- I know I am in the right, technically I am still awaiting a response for my original appeal! But if I go to small claims court and lose (I really can't afford a lawyer to challenge something like this) will I be slapped with a CCJ? and could I be facing massive legal fees?
I am inclined to contact them and just pay the whole lot - I am not sure being right is worth all this stress but I don't want to admit liability - on principle if nothing else! I also feel that their behaviour is terrible - surely it's not legal to totally ignore all correspondence and escalate to this - potentially destroying someones credit rating and all the knock on effects that has. One one hand I am furious about their bully boy tactics and want to make a stand - on the other, I am terrified that this is going to end up costing me dearly - what would you do?
Thanks

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 6 March 2019 at 6:38PM
    paragraphs please, so we can read it

    and post the defence you used BELOW (when contacted by the CCBC)

    send PE a SAR to their DPO by email asap and get all their data, including your appeals and their letters etc
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    1) What is your court hearing date?
    2) What deadline do you have to serve on claimant and file with court, your witness statement and anything else you use to support the defence we dont know about yet?
    3) No massive costs OR CCJ if you lose and pay IN FULL within 1 month.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .
    You never know how far you can go until you go too far.
  • Half_way
    Half_way Posts: 7,493 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 6 March 2019 at 7:10PM
    If you were being picked up, then how long was the vehicle in the car park for?


    Is this a double dip, that is you were dropped off at time X that they have recorded as the entry time for the vehicle, and picked up at at time Y, that they recorded as the exit time and between those times the vehicle was elsewhere?


    edit:
    Whos car park was it?
    And for the moment please follow the advice in the newbies thread about not naming the driver, you said You were being picked up, so from that it infers the driver was a third party, and that's all that needs to be said in that respect for now, no my mum, sister/ friend/whatever


    Are You the registered keeper of the vehicle?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • ShakeItOff
    ShakeItOff Posts: 443 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    Did you send your defence to the court and claimant? If you did, it might be worth popping on here. While it is too late to change it, if needed, there might be some clever weaving in of points into your Witness Statement.

    Definitely send a SAR, as recommended above.
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