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ParkingEye advice

A while back, we parked in a car park managed by Parking Eye and paid for two hours to cover the 90 minutes we would be in an Escape Room. Due to other people not turning up, we returned to the car around 3 minutes late. I checked the machine for instructions on topping up if you returned late and could not find anything (but the lighting around the machine was dim so was struggling to read any of the signage). By the time I had gone to the car to get change, checked the machine and then gone back to the car and left, we were around 12 minutes over.
To make up for this, when we next used the car park a couple of weeks later, we paid for 4 hours even though we were only there for just over 1.

Sometime after this second visit, we received a letter from Parking Eye claim that on the first visit we stayed for 2 hours 12 minutes without paying. We checked the ticket and saw that one digit was wrong in the registration. We appealed to Parking Eye, including the ticket and giving the date we overpaid to compensate, so they could check machine records and when they finally replied they simply said we were unsuccessful. They never provided us with information as to why we were unsuccessful so we were left with what was now a £100 (as opposed to the original £60) fine for what was a 3 minute late return to the car (about 6 pence pro rata).

I wrote to them asking the, to confirm what we are being fined for (no ticket or late return) because we have not been made aware what the actual accusation I was. I had no reply to this but a few weeks later received a letter from County Court in Northampton. We appealed this under the premise that no-one has confirmed what the accusation was. The money they now want is £170.

Since then, the only correspondence we have had is from Parking Eye, which appears to be a form for a hearing in a small claims court. There was no cover letter with it so do not know whether they are offering this as an alternative or this is part of the process of going to County Court. It was just a form that we do not understand. One thing I do know is it still did not tell us what the accusation is.

Ironically, we have used that car park since and my wife took charge of getting the ticket (it was me on the occasion in question) and she also made a typo with the registration, berating how difficult it is to see the buttons. Fortunately, we rectified this immediately, so have now overpaid that car park by over 3 hours!

Can anyone explain what this latest form means, whether our appeal through the court should have had a response and whether a failure to tell us what the accusation is is legal when pursuing a claim. All this for a 6p underpay which we tried to rectify at the time but we subsequently made up for before they contacted us (yet they have refused to acknowledge) is, in our eyes, a bit harsh to say the least.
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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 August 2019 at 4:19PM
    It is quite difficult to understand exactly where you are with this.

    It seems that you received a County Court Claim Form sometime ago. You say 'We appealed this', but did you perhaps file a Defence?

    It would be good to find out what 'a form for a hearing in a small claims court' actually is. Can you show us a pic?
    Can anyone explain what this latest form means
    Sorry, that's not possible without knowing what it is.
    All court forms have a title and a number.
    https://www.gov.uk/government/collections/county-court-forms
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Their signs are rubbish, read this

    https://forums.moneysavingexpert.com/discussion/5972164

    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The main thing to take on board is any other visits to this car park and subsequent payments made, they are of no consequence whatsoever to the single instance of "the overstay", so forget them.
    I take it you have identified the driver?
    It's difficult for anyone to advise further until sight is seen of this "court letter", - this might be a debt collectors letter in disguise for instance.
    More details please.
  • I’m having an issue with parking eye as I stopped in a hotel car park to pick up a friend and first off took some time to find a space then after loading the bags etc left thinking nothing of it as I hadn’t been long, turns out I get a fine which there threatening to take me to court with some ropey looking “court” letter as I’d overstayed the free 20 minutes by 18 seconds, I appealed and got declined so after taking advice from this site ignored the following letter then today got one telling me I owe £197, any advice on what I do next?
  • Le_Kirk
    Le_Kirk Posts: 26,326 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Advice on what to next is to read the NEWBIE sticky, post # 1 and then, if you still have any questions, start your own thread.
  • Thanks for the responses. Will post a copy of what we have received when I get home.
  • MargateSteve
    MargateSteve Posts: 26 Forumite
    edited 20 August 2019 at 6:40PM
    I have attached the two most recent letters. The first is the letter from the county court, to which we responded via the link provided. There has been no response to this from the county court.

    The second is the only correspondence we have had since responding, which appears to be an offer to settle in a small claims court instead, but we are not sure.

    Images removed
  • Umkomaas
    Umkomaas Posts: 44,400 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You should receive your own Directions Questionnaire from the court (or you can download one from the internet) which you must deal with as a priority. The NEWBIES FAQ sticky, post #2 gives you step by step guidance on how to do this.
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    With your Claim Number clearly visible, you have now identified the incident that this thread is about.

    The parking companies trawl this forum just waiting for people to trip themselves up and can try and use your posts against you.

    You MCOL password is also visible.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Redact those details and post pics again, deleting the ones above first

    Post the defence you submitted below, so we can see what it says, minus any personal information of course

    Email a SAR to the DPO at PE to obtain all the documents and pictures and data about you and your vehicle attaching a copy of the claim form as proof of ID under the GDPR

    Wait for your own DQ to arrive from the CCBC

    There are no appeals for this case, too late for any appeals
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