Parking Eye County Court Claim

[Dreedman123]

Hi everyone.

I am posting on here today as I have received a county court claim pack linked with parking eye.

The original parking infringement happened by over staying in a parking eye car park. I was told by my parents under no circumstances to pay the original fine and ignore any correpondance from PE. I was told this due to my parents watching some scam program recently.

My question is now that I have received this notice, I really do not want to go to court and am perfectly willing to pay the original fine, however I refuse to pay bogus £50 for "solicitors fees" and £25 for "court fees" does anyone know my next step?

I really need help as I've recently beaten cancer and this is really adding stress back into my life

Thank you for your time

[mystery1]

Re: Parking Eye County Court Claim

You should really fight it.

Should you wish to pay then phone up and negotiate. Pre Beavis most were able to get £50. Not seen many post Beavis.

M1

[Dreedman123]

Re: Parking Eye County Court Claim

But fighting it will ultimately cost more? I will need a solicitor and these costs can't be recovered as its small claims.

As mentioned, I've just beaten cancer and don't have a great income it's really got me worried and have no idea which avenue to take due to not understanding procedure.

[ostell]

Re: Parking Eye County Court Claim

Ignore has not been the advice since 2012 when POFA became active.

[mystery1]

Re: Parking Eye County Court Claim

But fighting it will ultimately cost more? I will need a solicitor and these costs can't be recovered as its small claims.

As mentioned, I've just beaten cancer and don't have a great income it's really got me worried and have no idea which avenue to take due to not understanding procedure.

For a claim this size you would never get a solicitor as it's simply not cost effective. It really isn't required either.

The biggest claims usually cost £215 IF lost.

Most people in your shoes shit themselves and have no clue about procedure.

Your case really depends on Beavis which the supreme court are deciding as we speak. I'd suggest entering a defence, asking for suspension of the case (a stay) and if Beavis wins so do you. If not PE will still settle as they'll lose money going to court.

M1

[Dreedman123]

Re: Parking Eye County Court Claim

Ok, I think I'm understanding a little better now.

So, am I right that the beavis you refer to is Barry beavis? And if so, if he wins his case, it will become a test case and therefore mean that PE will automatically lose my case?

And am I right in assuming that they can only claim for the 40 mins I was over for loses of what they would have realistically made with someone else parking in my space? As the letter they sent me was an invoice and not a fine?

Sorry for my ignorance, I'm a sparky by trade not a solicitor haha

[mystery1]

Re: Parking Eye County Court Claim

So, am I right that the beavis you refer to is Barry beavis? And if so, if he wins his case, it will become a test case and therefore mean that PE will automatically lose my case?

Yes and probably.

And am I right in assuming that they can only claim for the 40 mins I was over for loses of what they would have realistically made with someone else parking in my space? As the letter they sent me was an invoice and not a fine?

That used to be the argument but as they lost cases on this they changed their mind. They started to argued the charges were commercially justified. The appeal court twisted it and said they are penalties but were socially justified which not even PE argued. The supreme court are currently writing their verdict which could take 2/3 months.

If you want help setting up a defence just say so and post all the documents etc you have on the thread but remove personal info.

M1

[Dreedman123]

Re: Parking Eye County Court Claim

That used to be the argument but as they lost cases on this they changed their mind. They started to argued the charges were commercially justified. The appeal court twisted it and said they are penalties but were socially justified which not even PE argued. The supreme court are currently writing their verdict which could take 2/3 months.

But doesn't the law say that they cannot issue penalties as they are not a government agency. All they can claim from me is the original cost to them? I don't see how they can send a "fine" to me as that would me I could do they same to you for some stupid reason (if that makes sense)

[mystery1]

Re: Parking Eye County Court Claim

That used to be the argument but as they lost cases on this they changed their mind. They started to argued the charges were commercially justified. The appeal court twisted it and said they are penalties but were socially justified which not even PE argued. The supreme court are currently writing their verdict which could take 2/3 months.

But doesn't the law say that they cannot issue penalties as they are not a government agency. All they can claim from me is the original cost to them? I don't see how they can send a "fine" to me as that would me I could do they same to you for some stupid reason (if that makes sense)

That's the main argument. We'll see how the supreme court deals with it.

M1

[Dreedman123]

Re: Parking Eye County Court Claim

What is the likelihood of them taking that arguement?

[mystery1]

Re: Parking Eye County Court Claim

To do anything but accept that argument usurps the will of parliament. Legislation allows certain authorities to issue penalties. They did not extend that to private parking companies which they could if they wanted too. The courts should not effectively allow someone to get around the intent of parliament.

Having said that, there is a lot of money at stake and sometimes that makes enough of a difference.

M1

[Dreedman123]

Re: Parking Eye County Court Claim

Thank you very much this has been amazingly helpful! You have cleared up a lot of things for me

[mystery1]

Re: Parking Eye County Court Claim

Do not forget to meet any court deadlines unless/until you settle.

Filing acknowledgement of service gives 14 extra days to decide what you are doing.

If you need a hand let me know.

M1