Parked in free parking retail park last December. Ignored all Parking Eye letters and Debt collectors letter. Today received letter from Northampton court demanding £150. Actually I am registered keeper but my husband was drivr. He is disabled. Only parked for about 10 minutes over time. Scared of getting ccj. What do I do?
Parking Eye Court letter
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Re: Parking Eye Court letter
Can I refer you to this post which I think answers your question better than I could:
http://www.legalbeagles.info/forums/...505#post367505
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Re: Parking Eye Court letter
The pepipoo forums may be a bit more helpful
http://forums.pepipoo.com/index.php?showforum=60
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Re: Parking Eye Court letter
http://www.parkingcowboys.co.uk/keeper-liability/
It can give you more to add to your defence if they haven't followed the law.
M1
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Re: Parking Eye Court letter
It would appear from the very brief details you have provided that you would have a case. In a free car park, it would be extremely difficult for them to produce any pre-estimate of consequential loss - just that one point would make your argument reasonably strong, but there are never any guarantees, nobody can give you those.
You would, of course, look for other grounds as well such as the formation of a contract etc... There is an excellent appeal letter here which will give you some ideas of the areas you could focus on:
http://www.legalbeagles.info/forums/...rking-Offences
After that, it is largely back to the first link, and whether you feel you could actually stand up in a court and fight your case.
Have a look at that letter, and come back with any concerns. Unfortunately, nobody can tell you what you should do. We can say whether we think you have a good defence and help you put that together, but ultimately what works for one person may not work for another.
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Re: Parking Eye Court letter
Thanks to you all for your help. At the moment I am feeling somewhat over-awed by this all. Read on government site that there is a right to mediation before it goes to court. Do I have to respond to claim or just ask for mediation as my response. Claim form doesn't mention mediation. As I said driver is severely disabled and car park did not say whether it extended same right to blue badge holders that local council does, ie. 3 hours. Can I go back to PE directly and expect any joy with the disabled driver argument? Main argument is that driver could not hurry after bing held up at the shops. One main shop on retail park is Lidl. Have sent email to them asking if they would like it publicised that their car park management company does not give disabled people the same right of 3 hours free parking as th local council does.
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Re: Parking Eye Court letter
Originally posted by Wekshdriver View PostThanks to you all for your help. At the moment I am feeling somewhat over-awed by this all. Read on government site that there is a right to mediation before it goes to court. Do I have to respond to claim or just ask for mediation as my response. Claim form doesn't mention mediation. As I said driver is severely disabled and car park did not say whether it extended same right to blue badge holders that local council does, ie. 3 hours. Can I go back to PE directly and expect any joy with the disabled driver argument? Main argument is that driver could not hurry after bing held up at the shops. One main shop on retail park is Lidl. Have sent email to them asking if they would like it publicised that their car park management company does not give disabled people the same right of 3 hours free parking as th local council does.
As for talking to PE - you can do that at any stage, and make them any offer you see fit at any time.
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Re: Parking Eye Court letter
The pre action protocols do ask that both parties try an alternative dispute resolution prior to starting proceedings. They will say, no doubt, they tried writing to you and got no reply and thus had no option but to start a claim.
If you wish to settle with them then contact them and ask.It will be cheaper for them to settle as they won't need to instruct a local agent to appear in court. The only way to find out how cheaply you can get away from this is to ask them. They may or may not do it cheaper.
Personally i'd defend it but it's your choice and i'm not going to coerce you in to something you don't want to do.
M1
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