Court Claim - parking eye / - 15-12-2014

[mazza58]

Received a claim? Yes
Issue Date: 15-12-2014
Amount approx: 175
Claimant: parking eye
Solicitor: Rosanna breaks
Original Credit:

Particulars of Claim:
Overstaying Max time at retail car park

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:

[mazza58]

Re: Court Claim - parking eye / - 15-12-2014

Just want to add relevant detail. This court claim has been issued against my daughter who was staying in a hotel whilst working in Swindon. On a few occasions, the hotel car park was full and she parked in the retail park overnight when the shops were closed and therefore not preventing any customers from parking. She moved her car first thing in the morning. She was not aware that parking restrictions applied when the stores were closed. I had received a parking eye charge a couple of years ago which i was advised to ignore and heard nothing else. Unfortunately i advised my daughter to ignore these, not realising they had changed tactics. Is there a hope of appeal, if she admits part liability and offers to pay say £30 and £15 admin costs will a ccj still be issued. Many thanks for any help you can offer

[mystery1]

Re: Court Claim - parking eye / - 15-12-2014

She can try and settle. She may get as low as £50.

Post up the form and any letters and pictures of any signage if possible.

File acknowledgement of service in the mean time.

M1

[mazza58]

Re: Court Claim - parking eye / - 15-12-2014

Thank you for your speedy reply - I have uploaded the claim form - should be able to upload further letters later this week . Have completed the AOS online. To try and settle - should we contact Parking Eye direct or the Court. If Parking Eye accept, will they put a halt to the court proceedings and will that guarantee that my daughter has no judgement placed against her? Thank you

[mystery1]

Re: Court Claim - parking eye / - 15-12-2014

Contact Parking eye. It should halt everything if settlement is reached.

If she loses at court and pays within 28 days her credit record will be fine as it won't appear.

M1

[mazza58]

Re: Court Claim - parking eye / - 15-12-2014

Hi - sorry for the loss of contact but we are abroad at the moment - unfortunately, Parking Eye were not replying to emails and managed to delay replying until after the case went to court - my daughter has received the attached email - we accept that she will have to pay the £197 immediately but does she also need to pay £155 to ensure the CCJ does not appear on her record? - Many Thanks

[mazza58]

Re: Court Claim - parking eye / - 15-12-2014

We are writing in relation to Parking Charge reference xxxxxxx and subsequent County Court Claim issued against you
Our original notices outlined the appeals procedure offered by ParkingEye and provided a period of 28 days from the date of our initial correspondence to send any documentation you believe would aid an appeal to us directly. ParkingEye believe that ample opportunity was therefore given for you to appeal to us in the first instance, before court proceedings were issued. ParkingEye run a dedicated appeals team who consider each appeal on a case by case basis and strongly believe that if you had contacted us in the first instance, any questions you may have held would have been answered.
It is clearly stated on our signs that failure to adhere to parking regulations will result in enforcement action being taken and vehicle keeper details being requested from the DVLA to enable this. The DVLA release the name and address details of a vehicle keeper to registered companies like ourselves if ‘reasonable cause’, i.e. breach of parking regulations, can be demonstrated. Therefore, ParkingEye could not have reasonably known that you were not present at the address we hold for you.
As no defence or payment was made against the claim brought against yourself, default judgment was applied for and granted by the court. At this late stage, ParkingEye would be unable to accept an appeal from yourself with regards to this matter and require payment of the full outstanding amount (£197).
Please find details on how to make payment below.
If you wish to apply to have the Judgment set aside you can do so by filing N244 form, there is a cost of filing this application which is £155 payable to the court. Please note that by making an application this does not guarantee that the Judgment will be set aside and this will involve a hearing in front of a Judge.
Kind regards,
ParkingEye Enforcement Team

[mystery1]

Re: Court Claim - parking eye / - 15-12-2014

If the £197 is paid within 28 days then no problems with the credit record. No extra payment is required.

The £155 is only the cost of an application to the court to have the judgement squashed so it can be defended properly.

M1

[tonybryant1]

Re: Court Claim - parking eye / - 15-12-2014

Mazza58 I had exactly the same problems with getting a response from Parking Eye. I sent an appeal online but they ignored responding until they had a judgement against me! Now looks like I will have to pay the £160! It stinks that I have to pay so much it is not representative of any loss they actually incurred! They never stated how long I over stayed so I'm unsure. I agree if I overstayed then I should pay something but that's extortionate also I never saw any pictures of my car entering and leaving the car park. Hope the Beavis case wins on appeal! I think it's this coming Monday!