Parking Eye - Going to court ?

[Ricochet]

Hi all,
I am hoping to find some good and unbiased advice from here.
My wife is getting very worried about CCJs, so would greatly appreciate some help.

Having duly ignored the initial letters from Parking Eye, we find ourselves in the situation now that we have a "Notice of Transfer" and are now merrily (not) heading to County Court.

I will try to supply as much info as possible, so please ask if I have missed anything out.
The story so far is that having picked up a brand new car late morning 4 days before Xmas, a spot of shopping and lunch was taken before heading off to the theatre.
The theatre being 2.5 miles away, the car was then taken and parked approx 200 yards from the venue.
After the show, on the way home, stopping again at the same parking place for a drink.
The initial entry at 12:00 was logged and the final exit at 17:30 was registered, but not the exit and re-entry in between.

We have an email confirming tickets and have just found the ticket stub itself.
The show started at 15:00.
The offending car park was free, but restricted to a 3hour stay.
We have since filed a defence and followed all protocols so far.

I presume that the case will be made that the car was left in the car park during the show, but a taxi into town would be £10 and a bus £8. The car park in town was £2.30.
hardly a cost saving exercise, and leaving a brand new car in an unattended car park...?

I now also have an email from the land agents to whom PE are contracted (?) saying that they asked PE to retract, but PE refused.
PE have offered a reduced amount of £75 rather than the original £165 in order to cover their costs.
i have mailed back asking for a breakdown of costs because as far as I can tell, they have only paid up £15 to go to the Bulk Claims Centre.

We are getting fed up of this and my wife wants to pay up before we go to court and possibly end up with a CCJ.

please help !!

[mystery1]

Re: Parking Eye - Going to court ?

First thing is first. If you lose, which you shouldn't, then you have to pay up within 28 days in order that a ccj will be removed from the register. In simple terms no ccj. http://www.trustonline.org.uk/unders...stay-on-record


Secondly, providing you submit your witness statements and copies of the ticket info in time, it is pretty inconceivable that a judge would rule that your vehicle was in the car park on the balance of probability. If the signage had a no return within x it may be trickier but if not it's pretty much a tap in.

M1

[Ricochet]

Re: Parking Eye - Going to court ?

Thanks for such a quick response.
To me, it is a fair no-brainier, however that is down to the judge on the day.
Win or lose, the only thing we care about is the CCJ.

All paperwork has been sent both to the court and to PE as directed in the N180(?) Including the email with ticket purchase details.
I am no legal expert, but surely if the land agent has asked them to drop the case and they refuse, then they are now acting on their own behalf and not on behalf of the landowner. Do they then still have the right to do so ?

The claim is for £100 (charge), £59 (solicitor) and £15 ( court fees).
so where does the £75 costs come from ?

bizarre behaviour !

[mystery1]

Re: Parking Eye - Going to court ?

Penalty arguments are down to a judge. Clear evidence that you didn't break the terms is fairly black and white especially with only anpr as evidence to refute.

They should do as the principal says.

M1

[Ricochet]

Re: Parking Eye - Going to court ?

Thanks M1.
I shall chase them again tomorrow for a response, but we shall see.

So nice to see that once in a while there are people who are prepared to help others.

[mystery1]

Re: Parking Eye - Going to court ?

First thing is first. If you lose, which you shouldn't, then you have to pay up within 38 days in order that a ccj will be removed from the register. In simple terms no ccj. http://www.trustonline.org.uk/unders...stay-on-record


Secondly, providing you submit your witness statements and copies of the ticket info in time, it is pretty inconceivable that a judge would rule that your vehicle was in the car park on the balance of probability. If the signage had a no return within x it may be trickier but if not it's pretty much a tap in.

M1

28 days ya bloody muppet. 28 days.

M1

[Ricochet]

Re: Parking Eye - Going to court ?

Sorry...can anyone tell me what "without prejudice save as to costs" means ?
does that mean they accept that I was not there, but are asking for payment to cover costs ?

[Amethyst]

Re: Parking Eye - Going to court ?

Sorry...can anyone tell me what "without prejudice save as to costs" means ?
does that mean they accept that I was not there, but are asking for payment to cover costs ?

Nope, just means it's a letter containing some kind of an offer which can't be produced in court - until you get to sorting out costs then it can be taken into account if the claim could have been settled at this juncture for less than the final judgment.

[Ricochet]

Re: Parking Eye - Going to court ?

Many Thanks once again