Parking eye enforcement - county court judgement

[BEVFOY]

Hi.

I asked for advice a couple of months ago. My father received a fine from Parking Eye, he has ignored 3 letters in total, however, today he has received a letter saying that afyer repeated letters he still hasn't responded, the fine is now £130 if they haven't heard from him they will issue a county court judgement. Where does he stand and can they recover the money?

Thanks
Bev

[michael]

Re: Parking eye enforcement - county court judgement

Only a judge can issue a county court judgment, all PE can do is issue a county court claim, which can then be defended.

[bluebottle]

Re: Parking eye enforcement - county court judgement

Did PE actually use the words "we will issue a County Court judgement" or near as damn it? From what you have said, it sounds very much that PE have misrepresented the law, which is, potentially, illegal. Also, note what Michael has said in his post.

[CleverClogs]

Re: Parking eye enforcement - county court judgement

Did PE actually use the words "we will issue a County Court judgement" or near as damn it?

Perhaps the oafs think that justice has been privatised?

[bluebottle]

Re: Parking eye enforcement - county court judgement

Perhaps the oafs think that justice has been privatised?

Nothing surprises me these days, CC.

[BEVFOY]

Re: Parking eye enforcement - county court judgement

Hi all, Thanks for all your replies. I am now at my parents and this the letter which he has received. Its from Debt Recovery Plus Ltd. It states that section 4 of the protection of freedoms act 2012 'the recovery of unpaid parking charge. It states that the creditor has the right to recover unpaid charges from the keeper of the vehicle if certain conditions are met. We understand that these conditions have been met and the above charges are due for payment. If you believe the conditions have not been met then please put it in writing. Accordingly, if we do not receive full payment or contact from you with your proposal for payment,this matter may be passed the landholders solicitor to commence County Court proceedings.. Please see our website www.debtrecoveryplus.co.uk for further details.As my father is 74 he is at a loss how to proceed. Any help would be appreciated. Kind regards Bev

[CleverClogs]

Re: Parking eye enforcement - county court judgement

"if"

"may"

And, by the way, their statement about the misnamed "Protection of Freedoms Act 2012" (link 1, link 2) is such an egregious load of old cock that your father's old cock probably works better.

msl:

What they doubtless meant was that Schedule 4 (link) of that Act allows for the "recovery" of "unpaid parking charges" - but it does not allow for the extortion of "fines" or "penalties" from anyone.

[bluebottle]

Re: Parking eye enforcement - county court judgement

Hi all, Thanks for all your replies. I am now at my parents and this the letter which he has received. Its from Debt Recovery Plus Ltd. It states that section 4 of the protection of freedoms act 2012 'the recovery of unpaid parking charge. It states that the creditor has the right to recover unpaid charges from the keeper of the vehicle if certain conditions are met. We understand that these conditions have been met and the above charges are due for payment. If you believe the conditions have not been met then please put it in writing. Accordingly, if we do not receive full payment or contact from you with your proposal for payment,this matter may be passed the landholders solicitor to commence County Court proceedings.. Please see our website www.debtrecoveryplus.co.uk for further details.As my father is 74 he is at a loss how to proceed. Any help would be appreciated. Kind regards Bev

Debt Recovery Plus have misrepresented the law. The only charges they can legitimately recover are Pay & Display charges, not a charge that is clearly a penalty, which is unenforceable. It is a criminal offence to misrepresent the law in this case, if the charges being referred to are unenforceable. They may also have committed a far more serious offence, namely, Attempted Blackmail.

[BEVFOY]

Re: Parking eye enforcement - county court judgement

Clever clogs ..... That made me laugh. I will pass on the good news to my dad. many thanks to everyone for your help.

[paulr]

Re: Parking eye enforcement - county court judgement

Hi, what is the update Bev.

I am in the same boat.