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Updated Success Settled, Myself Taking Parking Eye POPLA or Parking Site owner to court

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Terry1931
Terry1931 Posts: 129 Forumite
100 Posts Photogenic Name Dropper
edited 23 September 2021 at 5:39PM in Parking tickets, fines & parking
I have received a Parking charge notice, it has gone through appeal at POPLA and has been declined.

Rather than not pay the £100 charge I am going to pay, this will make sure that the tables are turned and now I will be in the driving seat and take the matter out of the Parking Eye and POPLA Kangaroo court with their unfair restrictions and enter it into the Small Claims Court. Not paying the charge leaves you wondering what they will do, whilst paying has no prejudice to the dispute and is often the best and safest way to recover the cost. 

In the small claims Court the whole case will be re examined under fairer terms. Also POPLA and Parking Eye will appear to give their evidence under my terms, not theirs.

I know the small claims court fees are to be paid but they are worth paying to inconvenience Parking Eye and POPLA


There is only one thing to clarify and I cannot get an answer from the site owner, Welcome Break Holdings, Parking Eye or POPLA, which legal entity out of those three do I put on the claim.
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Comments

  • Umkomaas
    Umkomaas Posts: 43,370 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What is your cause of action (against whichever organisation you decide to sue)?  How much do you intend to sue for?
    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
  • The cause of action is that the site terms and conditions state that payment may be made Within the services building, at a payment machine or by phone.

    There were no payment machines and there was no phone number to call to pay, The Services building was closed and what was open had no details to pay.

    I told Parking Eye I would pay the £15 Parking fee due, but no , they insisted on recovering £60, I appealed to POPLA and they declined the appeal so now the charge is £100

    I want to pay the £100 as this removes all anxiety and escalation of cost they may raise in their recovery of the £100.

    But i wish to make a MCOL claim for the recovery of the £85 excess and the costs to do so. the defendant Parking Eye will have to pay their own costs.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I would not follow this list , I would counter claim if Parking Eye issue a court claim pack from the CCBC in Northampton within 6 years !! You can then have your say within the counter claim

    Have you read the thread by Umkomaas about the group action ?? Someone in Liverpool ?

    Who have you complained to at WB. ?

    Have you read the Sir Nicholas Bowen QC case yet ?
  • many Thanks, but a counter claim is dependant upon winning my side, if I lose then I will be liable to the costs of the claimant.
    And given the band of second rate solicitors involved in these parking charge enytities i would rather that I was the person taking them to court. 

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Terry1931 said:
    many Thanks, but a counter claim is dependant upon winning my side, if I lose then I will be liable to the costs of the claimant.

    Yes, and if you sue them and lose, you will also be liable for the other party's costs.

    [of course we all know that costs are limited in the Small Claims arena]
  • So as the claim is in the small claims court there will be no costs incurred upon losing, and certainly no more than defending Parking Eyes claim against me.

    It is my understanding that payment of the charge, and subsequent small claim of recovery is better regarded in the court.

    This way I'm not seen as a belligerent person reluctant to pay anything. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    But Terry, you said earlier "if I lose then I will be liable to the costs of the claimant".

    Whichever party loses will be responsible for the costs of the winning party.
    Of course those costs are strictly limited in the Small Claims Court, but that limitation applies to both parties.
  • I said if I do not pay the charge and I lose the court claim against me to recover that charge I will be liable for the costs of the claimant.


    However i wish to pay the charge and turn the tables and claim recover of the charge in the small claims court. That way I am the claimant NOT the defendant.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    From what you have told us, it would appear that, if this went to court, you would win easily.  as no contract could be formed.  Why di you wish to embsrk on such an, imo, harebrained escapade?  
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 September 2021 at 4:59PM
    I cannot see the difference.

    In my opinion, you are going about this the wrong way.
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