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Parking Eye County Court - Gym confirmed car parked legitimately - Help and Questions

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  • Parking Eye County Court - Gym confirmed car parked legitimately - Help and Questions

    Posting here for some help and to check some things.

    My partner received a ticket from Parking Eye when she was assisting a friend who worked at a gym with his NVQ. Unfortunately she wasn’t told that she had to put her registration into the computer and as such was ticketed. I was under the ancient belief that you ignore these letters and upon moving properties we totally forgot about this.
    Until the other day when we received a stamped County Court Claim form. We have contacted the Gym who has sent an email to the parking eye enforcement team. I have had them confirm they have received it but they have said it will take up to 10 working days for them to review this.

    The date of issue on the claim form was the 26th of October and as such the date of service 30th October. We have now submitted an acknowledgement of service which should take us to the 2nd December. Are these dates correct? Im assuming it’s not working days as this hasn’t been listed.

    10 Working days, seems like a delaying tactic from parking eye and takes us to 20th November so they should have time to review before I have to submit evidence.

    Should I send this over to their enforcement team?

    Is it a valid defence that I have a record of the gym sending them an email saying the car was parked there legitimately? Surely if the gym is willing to cancel the fine it shouldn’t stand?

    Parking Eye told me and kept making sure they told me whatever they say does not form a contract to which I almost sarcastically replied they normally like making surprise contracts. They also told me at this stage that it may not be able to be cancelled, surely if there’s no ticket (or authority to issue said ticket) then there’s no case? The gym is on a retail estate and as such they are technically not the land owner but I’m guessing they are authorised to act as so.


    Any help would be appreciated, my partner wants to give in and pay but I don’t. The last time I backed down to a bully I was 14 and on the playground and I don’t intend to this time.
    Cheers
    Tags: None

  • #2
    Re: Parking Eye County Court - Gym confirmed car parked legitimately - Help and Quest

    https://www.supremecourt.uk/cases/do...0-judgment.pdf

    The supreme court has screwed the consumer. As far as the courts are now concerned these tickets, fines, invoices or whatever you wish to call them are now legitimate.

    The defences available to this are lack of signs which a reasonable person would see, keeper liability where the requirements of PoFA 2012 schedule 4 have not been met (or outside England and Wales them not knowing who was driving) and possibly frustration of contract if you broke down etc. Maybe some other low key things, but in general it's bad signage, keeper liability or your screwed.

    I reckon there are still very good winning possibilities at Popla but at court your odds are very low.

    The courts, i suspect won't give a rats ass whether the landowner says cancel or not.

    I'm afraid you'll just have to whistle to their tune and hope the gym can get it cancelled.

    M1

    Comment


    • #3
      Re: Parking Eye County Court - Gym confirmed car parked legitimately - Help and Quest

      If, in any event, it is on a retail park it is entirely possible that the car park is nothing to do with the individual units.

      Comment

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