Parking eye ticket

HappyMJ · 4 September 2013 at 9:24PM

Brackley wrote: »

unfortunately we do not know who owns the car park - near Wembly market
Id prefer not to pay it as i feel it was unfair in that parking was free for 1 hour we were 21 min late because my 2 yr old had a toilet accident and we couldnt find a bathroom to clean him up! What money did they lose?
will defending it lead to court? if so will they be able to get anymore money out of me then they have stated in this court letter ie parking fine, solicitors fees and costs?

thanks again all for the help

Defending it MAY lead to court. Depending on the claimant...the claimant may drop the case. They can only claim court fees from you if they were to win. Don't worry about that though.

Coupon-mad · 4 September 2013 at 9:28PM

Brackley wrote: »

unfortunately we do not know who owns the car park - near Wembly market
Id prefer not to pay it as i feel it was unfair in that parking was free for 1 hour we were 21 min late because my 2 yr old had a toilet accident and we couldnt find a bathroom to clean him up! What money did they lose?
will defending it lead to court? if so will they be able to get anymore money out of me then they have stated in this court letter ie parking fine, solicitors fees and costs?

thanks again all for the help

The link I gave you answers all those questions and more, and will enable you to write that defence which will not particularly focus on what you did, more about what the PPC did wrong. Time ifs of the essence as you will see on your court papers and on the link I gave which is full of info and other links.

And if I were threatened with an imminent court hearing by a mere agent (a firm who you have no idea whether they have a relevant contract or permission to enforce fake PCNs there) and if I knew that landowners often cancel these fake PCNs, I would be finding out who owns the land or runs it if a retail car park, by going back and asking businesses and looking the place up on Google if it has a name, or searching the Land Registry.

Brackley · 5 September 2013 at 10:00PM

thank you coupon mad...on the case tomorrow, finding who owns the car park and contacting them. don't mean to sound "slack" on this topic but not used to dealing with such issues!

Happy MJ thanks too. just to clarify before i start my defence
.... the letter states the claim is for £100 parking ticket, £50 solicitors fees, £15 court fees, if we go to court and loose will they be able to claim any more money then this?

thanks again

Stroma · 5 September 2013 at 10:20PM

That would normally be the maximum they could claim. Its highly unlikely to go any higher, and won't if unless parking eye ask for it. I am not an expert at this end of things, but the legal costs is the only thing that could rise, I don't think a judge would award more

Brackley · 8 September 2013 at 4:21PM

hello all again
especially to those who have helped so far. Finally had time to sit down and read through most of the threads and links given (my 2 yr old is out for the day and im not a work as sunday!) thanks esp, coupon mad stoma, zzzLazyDaisy for all the links. 4 hours later im abit more aware!
Still a little unsure/nrevous about defending this as i feel my case will not be won- who cares if my 2 year old had a toilet accident that led to us leaving the car park 21 mins late, even though asked to us toilets and werent permitted?- but having read all the threads and FELT all the stress these very un nice people have caused and are still causing i feel i should give it a go. Im going online now to the court to acknowledge the claim and if it does go to court at least i can let people know my case & I'd have to pay the £165 if i dont want to go to court anyway how much more money will it cost if i loose-i guess not much more! and ive already spent time on this so here goes......
1 final request for you guys....when ive written my defence i'm posting on here...PLEASE have a look at it...it may be next week tho when i've completed it!
thank you all

zzzLazyDaisy · 8 September 2013 at 4:31PM

Well done for sticking with it! As strange as it may sound, the reason for your overstay is irrelevant - it is PE's (many) breaches of the law that you are defending on.

Just one question - do you still have the earlier correspondence? The last letter to you would have been a letter warning you of intended court proceedings and would have been headed either 'Letter Before Action' or 'Letter Before County Court Claim'. Can you tell us which it was please, as we can use that against them. If you don't still have that letter, tell us when you received it as near as you can, and we may be able to work it out as we know roughly when they change from LBA to LBCCC.

Daisy

Edit - also don't give up on C-M's suggestion about contacting the landowner. If you live close enough, go back and check out the signs, as they may have the landowner or managing agents contact details in tiny print on the signs. If not try googling, this often throws up the name of the landowner or the managing agent. Loads of people have had their charges cancelled by the principal, even at this late stage.

Brackley · 8 September 2013 at 5:53PM

Thank you for that ZZZLazyDaisy- although bit scary it feels like the right thing to do....

I received a 'letter before action' briefly stating that we have become liable for a parking charge notice which concerns an event on .....April 13 at ........ Retail Park. This was because the requirements of schedule 4 of the protection of freedoms Act required for Keeper Liability had been satisfied.....then the claim form arrived.

I am going on a journey to the said car park tomorrow after work to look at signage and to try speak to the retailers surrounding it. I'll let you know what happens!

in the meantime I'm startingmy defence
thank you

zzzLazyDaisy · 8 September 2013 at 6:06PM

Brackley wrote: »

I received a 'letter before action' briefly stating that we have become liable for a parking charge notice which concerns an event on .....April 13 at ........

Great - that's really helpful for the defence.

Come back when you have your draft defence and we will help you to finalise it.

Brackley · 8 September 2013 at 7:44PM

thank you again. It may be towards the end of the week but will be asap. then i'll post hear thank you again

Brackley · 10 September 2013 at 9:34PM

Just wanted to update you guys
I have been chasing the retailer and have hopefully got the ticket cancelled. I am waiting to hear from the store manager and will then contact parking eye to check the status. Still not fully believing this will be the case and still working on my defence!
I have been told that the ticket can be cancelled but I will still have to pay the solicitor/court fees as the claim has already been Made-Not that I'm complaining just interested now in seeing this whole thing through to the end and if the ticket is cancelled I will be very happy obviously but still would like to know where I stand legally/morally on the sol/court fees.
Anyone have any ideas on this?
I'm still working on the defence so please keep the offers of reading it open but fingers crossed it may not be needed this time.....
However still very much active on this!
I'll be back tomorrow to update

Thank you all out there again and again!

Parking eye ticket

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