Yet another Parking Eye County Court Query

[toshyd]

Hi all,

Newbie here.

My other half's uncle recently received a letting from the County Court Business Center for overstaying at the Sheraton Hotel, Heathrow's car park. He doesn't dispute the overstay.

The problem is he's a contractor and works away a lot.

The penalty notice was issued on 17/01; since the start of this year he's been working on contracts in Guernsey and more recently in Scotland so hasn't been home to check mail and as a result missed the earlier letters regarding the fine.

Last week, when he did get a chance to go home, he found the earlier correspondence from Parking Eye and the letter from the County Court, dated 07/04, asking for £175 (£100 amount claimed, £25 court fee, £50 solicitors).

I've read through the other posts on this topic and can't find a specific answer hence the new thread. Does anyone have any words of wisdom on how best to tackle this, ideally to reduce the fine or have it cancelled??

Many thanks in advance

[ostell]

Re: Yet another Parking Eye County Court Query

Is the letter from the court a claim form ? It must be acknowledged and state that he intends to defend. It would help if all the paperwork was uploaded (with personal details removed) so that people can advise better.

The website Parking Prankster has a guide that can be downloaded that details how to counter the claim.

Did the uncle stay in the hotel? If so it will be worth contacting them and trying to get the charge cancelled.

P.S. It was not a fine, it was a speculative invoice.

[toshyd]

Re: Yet another Parking Eye County Court Query

Hi Ostell, thanks for the quick response.

Yes it's a claim form from the court. A copy of the first page can be found on the link below the other pages appear to be the standard forms without any specific info so haven't uploaded them

https://www.dropbox.com/s/d5bot2ejdnqgorq/Doc%20-%2014-04-2015%2015-12.jpg?dl=0

[toshyd]

Parking Eye Proceeding to Country Claims Court

Hi all,

A few weeks back I asked for help challenging a Parking Eye Claim where the driver (not me) over stayed by a few minutes and subsequently issued with a £100 fine.

Having read the posts on here I challenged them on not being the land owner so didn't have a right to claim and that the fine was disproportionate to the loss.

They've written back citing a recent court case, Parking Eye v. Beavis & Wardley and where the judge found in Parking Eye's favor after taking into account the commercial justification, deterrence and actual loss, the judgement went on to state that Parking Eye are the Operator of the car park so are entitled to file the claim.

Does anyone have any experience on how best to proceed from this point? My initial thinking is to opt for the Small Claims Mediation service and I imagine he'd have to pay out but would like to avoid this or at least minimise the payment

Thanks in advance

[mystery1]

Re: Yet another Parking Eye County Court Query

Sorry i missed this 1st time around.

Beavis is indeed a bad judgement for us. It ain't over as the supreme court are to decide on the matter.

I would write to the court asking for the case to be stayed (postponed) until the supreme court rules.

As for mediation, they used to settle for £50 or maybe less if in a particularly jolly mood. Since Beavis i'm not sure but it still costs them to win a court case as the returns outweigh the outlay so nothing to lose by asking.

M1

[toshyd]

Re: Yet another Parking Eye County Court Query

Thanks M1, and not a problem. Will give mediation a go