Parking eye (hotel)

Coupon-mad

Less is more.

Certainly remove 4 and 5 which are from an appeal. That style isn't what the NEWBIES thread says in post 2.

I'd also remove this because we aren't a legal forum and it sounds desperate!

"The grounds on which I will defend any claim are substantial, well-evidenced, and supported by established law and binding codes of practice. The specialist legal forums consistently report a success rate exceeding 99% for well-defended private parking claims at county court. I am fully prepared to be one of those defendants."

Car1980

I like your style though. Just refine it a bit.

I've gone aggressive before and no court claims ever arrived.

jay2896

I have also sent another and more formal complaint letter to the general manager of the hotel. hopefully that will have the desired effect.

jay2896

Again thank you so much for the advice. It is very much apricated.

The reason I didn't go down the suggested route/template was because I didn't have any of the circumstances listed e.g. receipts / blue badge / proof of patronage. It was simply the driver didn't realise that she had to pay.

Happy to go a different direction if you think I have a better chance of avoiding court?

If not do you think this is now good to send as below (following the adjustments suggested)?

Dear Sir or Madam,

I write in response to your Letter Before County Court Claim referenced above. I am the registered keeper of the vehicle in question.

I wish to place you on notice, clearly and unambiguously, that this alleged debt is disputed in its entirety and that any county court proceedings will be vigorously and confidently defended.

My grounds of defence are set out in full below.

1. No Keeper Liability Under Schedule 4, POFA 2012

I am the registered keeper of the vehicle — not the identified driver. You have at no stage identified the driver of the vehicle. For keeper liability to attach under Schedule 4 of the Protection of Freedoms Act 2012, you must have complied precisely and fully with the statutory requirements as to the form, content, and timing of the Notice to Keeper. I put you to strict proof of compliance on every relevant point. Any deficiency — including late service, missing statutory wording, or failure to meet mandatory prescribed content — extinguishes keeper liability entirely. Without keeper liability, this claim has no lawful basis and must fail.

2. No Valid Contract Formed — Inadequate Signage

A private parking charge is a contractual matter. For a binding contract to arise, its terms must have been brought clearly and prominently to the motorist's attention before they decided to remain on site. The Supreme Court in ParkingEye Ltd v Beavis [2015] UKSC 67 emphasised that the outcome in that case turned on its specific facts — including approximately 20 large, prominently illuminated signs with clear lettering throughout the Chelmsford retail park. The Court was careful to stress that the decision was limited to those particular facts.

The alleged contravention occurred at the **************Hotel car park, **********, at ******* on **************. At that time, on that date, in that location, it would have been fully dark. I put you to strict proof that your signage was adequately illuminated and legible to a motorist arriving in those specific conditions. Signage that may be readable in daylight does not satisfy the requirement to be 'clear, prominent and legible' after dark, as required by the Private Parking Sector Single Code of Practice (in force 1 October 2024, applying to all BPA members including ParkingEye).

I further put you to strict proof as to: the size of the lettering for the parking charge amount; the number and positioning of signs; and whether signs were visible and readable from the point at which a driver must decide whether to remain. Generic photographs taken in daylight or at different times will not suffice. You must produce evidence of the conditions on the evening in question.

Additionally, the car park and hotel reception area were exceptionally busy on the evening in question, owing to a dance competition being held at the hotel. This significantly and materially reduced any reasonable opportunity to locate, read, and act upon parking signage or payment instructions. If no valid contract was formed, no charge is enforceable.

3. Disproportionate Charge — Paid Car Park

The ************* Hotel car park is a paid facility. The charge you seek is therefore distinguishable from Beavis on its facts, consistent with the reasoning in ParkingEye v Cargius. In a paid car park, the operator's legitimate interest is already served by the payment mechanism. A triple-figure penalty charge in these circumstances is not a genuine pre-estimate of loss, is not commercially justified, and is disproportionate. I will argue this point fully before any court.

Summary and Warning

To be direct: I am well-informed, well-prepared, and I will defend this claim in full. I have five independent grounds of defence, each capable on its own of defeating your claim. Taken together they represent a robust and comprehensive case. The propensity to pay in my case is zero.

Pursuing this claim will cost you the court fee and preparation time — in exchange for what is, in my assessment, a near-certain loss. I will not be settling. I will not be responding to further correspondence aimed at inducing payment. If you proceed, I will defend the claim fully, including seeking any appropriate costs order.

If you wish to avoid court, withdraw this claim now.

Yours faithfully,

Coupon-mad

Remove this:

"I have five independent grounds of defence, each capable on its own of defeating your claim. Taken together they represent a robust and comprehensive case."