FabSwingers.com forum: Parking eye court threat

By (user no longer on site) OP
over a year ago

Anyone had any dealings with a county court threat from parking eye ?

Basically parked in a hotel car park for longer than I was allowed to. Read the advice on line and it all says ignore the letters but they have now sent a court claim letter and doubled the amount (£200).

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By (user no longer on site)
over a year ago

I would contact citizens advice.

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By *afadaoMan
over a year ago

Staines

I have had this a few times in hotel car parks. By all account they act independently and have no jurisdiction in the hotel car parks. I ignored them all and they just went away.

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By *oo hotCouple
over a year ago

North West

"Anyone had any dealings with a county court threat from parking eye ?

Ignoring is not the answer anymore. I thought I was really in for it after ignoring them. I was referred to these guys - paid a small fee for them to send a letter and Parking Eye mailed back saying the case was being dropped.

privateparkingappeals.co.uk

It worked well for me. What they do is send a letter that requires Parking Eye to get much more detailed than they want to.

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By (user no longer on site) OP
over a year ago

I normally ignore but this letter has come from Northampton county court. So it's a step further than threats.

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By *oo hotCouple
over a year ago

North West

"I have had this a few times in hotel car parks. By all account they act independently and have no jurisdiction in the hotel car parks. I ignored them all and they just went away. "

Not any more. Best estimates are that Parking Eye are instructing as many as 2,000 court cases a month. See parking prankster blog.

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By (user no longer on site) OP
over a year ago

"Anyone had any dealings with a county court threat from parking eye ?

privateparkingappeals.co.uk

It worked well for me. What they do is send a letter that requires Parking Eye to get much more detailed than they want to."

Will check there . Thank you

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By *oo hotCouple
over a year ago

North West

"I normally ignore but this letter has come from Northampton county court. So it's a step further than threats. "

Private parking Appeals - I will be very surprised if they cant sort it out for you.

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By *immy2xMan
over a year ago

aberdeen/inverness/ highlands

Parking eye are a private parking company.

What they have sent you is a unenforcable invoice masquerading as a fine.

Only a court can isdue a fine not a private individual or company. Parking eye and all the other private parking companies know this but the way to make money is to frighten people with scary stories of court.

Parking eye i believe once maybe twice in its history as taking someone to a civil court there is no criminal case here and each time failed yo make their invoice stick.

So do what they showed on bbc watchdog. Rip it up and the next 2 even more threatening including the final one pretending to be from a solicitor into a bin.

On a side note. The dvla another private company, without your consent sell sells you details to these companies who are members of the BPA for £2.50 s time. A nice litte earner you have no right to stop.

Another side note. in a couple of months the paper counterpart of your licence is being made obselete. Now dbla can sell your detsils to car hire companies snd employees etc so they can asses you for hiring a car or job etc. Kaching another earner for the dvla.

Pepipoo is a website and forum where lots of this information is available and where you can see how they fight against these companies. Ps: i have no affiliation with that website i just like going for an interesting read

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By *heBirminghamWeekendMan
over a year ago

here

Are you sure it is an actual served court notice.

What is the claim on the notice?

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By *ot monkey71Couple
over a year ago

middlesbrough

Tricky one this, unless you have a bin

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By (user no longer on site)
over a year ago

AFAIK there is an imminent Court Case, Appeal Court maybe, where the issue to be settled is "What size of damages is a parking companyy eligible for?"

In your case, as you accept you overstayed, you owe them something. Let's say 1 more hour of parking fee or the incremental stage. ie 2 hrs=£6 then 4hrs=£8. then you owe them £2.

Hopefully, the Court will consider the latter £2 rather than the former £200 to be more reasonable and will rule as such.

In the meantime, you must respond to Northampton CC. Otherwise they WILL impose a default Judgement against you which you'll be stuck with and which could lead to further expenses and aggravation.

One thing you could ask is to have any case heard at Lincoln rather than Northampton if that's easier for you.

Any such case, you would be entitled to ask the District Judge if he/she would stay, ie hold off, any Judgment pending the higher Court case.

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By (user no longer on site)
over a year ago

ps DON'T try bribe the Judge with a porn mag or two will you?

Or any inducement either.

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By *heBirminghamWeekendMan
over a year ago

here

AFAIK there is an imminent Court Case, Appeal Court maybe, where the issue to be settled is "What size of damages is a parking companyy eligible for?"

In your case, as you accept you overstayed, you owe them something. Let's say 1 more hour of parking fee or the incremental stage. ie 2 hrs=£6 then 4hrs=£8. then you owe them £2.

Hopefully, the Court will consider the latter £2 rather than the former £200 to be more reasonable and will rule as such.

In the meantime, you must respond to Northampton CC. Otherwise they WILL impose a default Judgement against you which you'll be stuck with and which could lead to further expenses and aggravation.

One thing you could ask is to have any case heard at Lincoln rather than Northampton if that's easier for you.

Any such case, you would be entitled to ask the District Judge if he/she would stay, ie hold off, any Judgment pending the higher Court case.

How can parking eye have issued court documents through Northampton - the "fine" (invoice ) is not enforceable through the courts, so what judgement would the court issue?

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By (user no longer on site)
over a year ago

ps DON'T try bribe the Judge with a porn mag or two will you?

Or any inducement either. "
.

The days of bribing them with porn mags maybe coming back now they can't get it free online

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By (user no longer on site)
over a year ago

Unless you have signed for the court letter they have no way of knowing if you have received this demand firstly also unless its a council notice of a fixed penalty its not enforcable in that region i would await a court summons from the court then ring the court denying all overstay in said parking

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By (user no longer on site)
over a year ago

Jesus Christ, all a complainant has to do is show a Court it was a correctly addressed land posted letter. You are then deemed to have received it, (even if on the very rare occasion you haven't.)

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By (user no longer on site)
over a year ago

Fucking hell there's some misinformed people about

The LAW changed over a year ago allowing them to go after the Registered Keeper for "justifiable loss".

It's completely legal and they WILL go to court.

Pepipoo is one of the best free sources for info.

DO NOT ignore it - it won't go away.

You are probably outside of the appeals timeframe.

What you (and anyone else) should've done is appealed it.

Parking Eye WILL refuse the appeal.

At that point you as for a POPLA reference number.

This will cost Parking Eye and any other company £25.

You MUST then carry it out and send the appeal to POPLA - they have not as yet refused an appeal unless the person has been shown to have royally taken the piss.

They are only allowed to go after "justifiable loss" remember which if it is a free car park is £0.

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By (user no longer on site)
over a year ago

FFS - you are aware that

1. You are suggesting fraud.

2. Parking Eye use CCTV and ANPR to record ALL vehicles - how do you think they contacted the OP?

3. They ARE enforceable by way of the LAW changing.

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By (user no longer on site)
over a year ago

AFAIK there is an imminent Court Case, Appeal Court maybe, where the issue to be settled is "What size of damages is a parking companyy eligible for?"

In your case, as you accept you overstayed, you owe them something. Let's say 1 more hour of parking fee or the incremental stage. ie 2 hrs=£6 then 4hrs=£8. then you owe them £2.

Hopefully, the Court will consider the latter £2 rather than the former £200 to be more reasonable and will rule as such.

In the meantime, you must respond to Northampton CC. Otherwise they WILL impose a default Judgement against you which you'll be stuck with and which could lead to further expenses and aggravation.

One thing you could ask is to have any case heard at Lincoln rather than Northampton if that's easier for you.

Any such case, you would be entitled to ask the District Judge if he/she would stay, ie hold off, any Judgment pending the higher Court case.

How can parking eye have issued court documents through Northampton - the "fine" (invoice ) is not enforceable through the courts, so what judgement would the court issue?"

Parking Eye don't issue Court documents, the Courts do.

It sounds to me like Parking Eye have made a claim which has been processed and forwarded to you, the named Defendant. It's not the Courts role at this stage to determine whether it has any merit. Does it have an official Court Seal on it?

If it has and you don't respond the Court will make it's Judgement. ie We are faced with a Claim, the defendant has done fuck all about it, isn't here today to defend or mitigate against it so we make Judgement for the Claimant.

Faced with no other "info" and short of the higher case Judgement being made, i would expect that Judgement to be made for the whole £200.

That's a lot of beer/pizza/media whatever.

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By *W69Couple
over a year ago

Bournemouth

"Fucking hell there's some misinformed people about

The LAW changed over a year ago allowing them to go after the Registered Keeper for "justifiable loss".

It's completely legal and they WILL go to court.

Pepipoo is one of the best free sources for info.

DO NOT ignore it - it won't go away.

You are probably outside of the appeals timeframe.

What you (and anyone else) should've done is appealed it.

Parking Eye WILL refuse the appeal.

At that point you as for a POPLA reference number.

This will cost Parking Eye and any other company £25.

You MUST then carry it out and send the appeal to POPLA - they have not as yet refused an appeal unless the person has been shown to have royally taken the piss.

They are only allowed to go after "justifiable loss" remember which if it is a free car park is £0."

Thanks for the info

Just adding a post incase we need it in the future.

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By (user no longer on site) OP
over a year ago

It's very confusing, as everywhere you read says something different . The letter has come from Northampton court the hotel was in Stoke .

It has a link on the letter saying I can pay now and avoid going to court. The link is on an official court page moneyclaim . Gov.uk . Appeals can o ku be made until 28 days which is a long time ago.

So I think I will most likely have to go to court and challenge it or pay up

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By *heBirminghamWeekendMan
over a year ago

here

"Fucking hell there's some misinformed people about

The LAW changed over a year ago allowing them to go after the Registered Keeper for "justifiable loss".

It's completely legal and they WILL go to court.

Pepipoo is one of the best free sources for info.

DO NOT ignore it - it won't go away.

You are probably outside of the appeals timeframe.

What you (and anyone else) should've done is appealed it.

Parking Eye WILL refuse the appeal.

At that point you as for a POPLA reference number.

This will cost Parking Eye and any other company £25.

You MUST then carry it out and send the appeal to POPLA - they have not as yet refused an appeal unless the person has been shown to have royally taken the piss.

They are only allowed to go after "justifiable loss" remember which if it is a free car park is £0."

But why in the name of God are we putting up with this ridiculous situation / system!!

It beggars belief that by parking in a free car park to go and spend money at a retailer, that we should have to go through this process !!

We should be seriously campaigning against the retailers, boycotting car parks that aggressively operate this system.

The high court case was heard a couple of weeks ago - and judgement is due any time - but don't hold your breath! The case wasn't presented very well by all accounts and the judges didn't apoear to really get in to the moral guys of the case!

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By (user no longer on site)
over a year ago

"It's very confusing, as everywhere you read says something different . The letter has come from Northampton court the hotel was in Stoke .

It has a link on the letter saying I can pay now and avoid going to court. The link is on an official court page moneyclaim . Gov.uk . Appeals can o ku be made until 28 days which is a long time ago.

So I think I will most likely have to go to court and challenge it or pay up"

The court claim will have been done in bulk via MCOL which are issued from Northampton County Court.

Because they have paid the court costs - you now will have to pay the fine, costs, court, etc.

Fill in the counterclaim online using the instructions on the form

Stating CLEARLY what, where, etc.

IF you spent money at the Hotel then include that information, receipts, etc.

You can also request it is moved to your local court.

Stand in front of the judge and explain what happened.

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By (user no longer on site)
over a year ago

Why not just..... Not park there!. Or if you do.... Move by the said time allowed!

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By (user no longer on site)
Forum Mod
over a year ago

My OH got a ticket through the post when he took his van for an MOT and left it where Halfords told him to leave it

They're dealing with it as my OH refused to pay

It's an astronomical price too!

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By (user no longer on site)
over a year ago

I do live how these "experts" here are giving all this advice with out actually having seen the letter the op has.

Not sure this forum is the best place for the OP to get help...

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By *oo hotCouple
over a year ago

North West

"Parking eye are a private parking company.

What they have sent you is a unenforcable invoice masquerading as a fine.

Parking eye i believe once maybe twice in its history as taking someone to a civil court there is no criminal case here and each time failed yo make their invoice stick.

So do what they showed on bbc watchdog. Rip it up and the next 2 even more threatening including the final one pretending to be from a solicitor into a bin.

None of what you are saying is true. Parking Eye are up to 2,000 Court cases a month and increasing because people "think" that they can ignore the parking charge.

Parking Eye know the law much better than most of us and once they have given you every chance to appeal and can prove it, very few Courts will find in your favour because you have made no effort to make your case before going to Court.

The whole thing may well be a scam but those Cowboys know their way around the law.

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By (user no longer on site)
over a year ago

Don't ignore the court letter you could end up with a ccj by default.

As long as you write back to parking ey, asking that they give you some kind of proof of how you have caused them 200 pounds of losses etc.. They should then go away.

There are plenty of template letters to help you online.

Go to court if needs be they will not be able to justify the cost of fine.

Don't ignore this is only way they win in court, if people are not there to defend themselves.

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By *rigidhippieMan
over a year ago

York

I've had dealings twice with these scoundrels...

Never paid, never went to court.

Their is good advice on the net.

Don't ignore but don't admit anything..

Just play the game...

Try legal beagles and someone else said peipo...

Good start

Don't pay, you will encourage them.

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By *eanut Butter CupWoman
over a year ago

B & M Bargains

"I do live how these "experts" here are giving all this advice with out actually having seen the letter the op has.

Not sure this forum is the best place for the OP to get help..."

If you want to ask any forum I recommend moneysavingexpert.. Plenty on there about parking eye and how to deal with them

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By *ch WellMan
over a year ago

Scotland

"Parking eye are a private parking company.

What they have sent you is a unenforcable invoice masquerading as a fine.

Parking eye i believe once maybe twice in its history as taking someone to a civil court there is no criminal case here and each time failed yo make their invoice stick.

So do what they showed on bbc watchdog. Rip it up and the next 2 even more threatening including the final one pretending to be from a solicitor into a bin.

None of what you are saying is true. Parking Eye are up to 2,000 Court cases a month and increasing because people "think" that they can ignore the parking charge.

The whole thing may well be a scam but those Cowboys know their way around the law."

He's getting muddled with the rules in England and up here in Scotland. They do differ. Scots can simply ignore the charge as there is no owner liability up here so they can only pursue the driver and nobody should be foolish enough to tell them who the driver was, shouldn't be foolish enough to enter any dialogue with them at all up here. There has been a few test cases up here but the companies back out at the last minute

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By *obsrocketMan
over a year ago

Loughborough

3 years ago I stayed overnight in a hotel after visiting a swingers club. There were signs up advising it was short stay apart from residents of the hotel. When I collected my room key I also registered my Vehicle registration number. Parking Eye 2 weeks after the stay sent me an "Invoice" for staying for more than 2 hours. I sent a generic letter obtained from Money expert and copies of my hotel invoice. I had no apology just a letter advising they had waved the charge. Moral of the story if you have played by the rules tell them so. But if you did stay too long it might well be an expensive lesson learnt.

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By *now white1000Woman
over a year ago

York

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By *at69driveMan
over a year ago

Hertford

"Unless you have signed for the court letter they have no way of knowing if you have received this demand firstly also unless its a council notice of a fixed penalty its not enforcable in that region i would await a court summons from the court then ring the court denying all overstay in said parking "
. Not the best piece of advice as ignoring a court summons will only make matters worse especially as receipt has been acknowledged on a public forum. Providing the terms and conditions of parking in the car park were clearly displayed , the op is best to negotiate a settlement with parking eye as he has breached their contract . If we all ignored the various parking regulations chaos will rule and we would all find it more difficult to park. Parking attendants have a job to do .

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By *umourCouple
over a year ago

Rushden

You need to go over to Money Saving Expert and read thread 4736170. Plenty of good advice on there and a solicitor is advising the OP. Evidently, most of the letter they send is unnecessary and the questions asked are for court, not pre court. You have no need to answer them at all.

Having said that, I had one in December and one in January, both McDonalds and both because I returned within the prescribed time to buy more food! So I am spending money and they want to "fine" me? Not feckin happening! Anyhoo, I had the three letters and nothing else... YET!

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By *ayandpCouple
over a year ago

Plymouth

Learning a lot here thank you x

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By (user no longer on site)
over a year ago

I got a County Court notice from Northampton. You MUST respond to that, but it doesn't mean Parking Eye have upped the ante. Following my response to the court summons parking eye tried it on with me one more time, so I sent their letter back to them with a handwritten note on it saying "see you there - don't be late!" and never heard another thing!

Parking Eye are chances hoping you'll scare and pay up, but although the law does change from time to time the reality is that it's not worth their trouble financially to pursue it furather.

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By *htcMan
over a year ago

i had parking eye once before, i parked in there car park, but didnt realise it was under parkingeye, could have parked anywhere that area as all free, but i parked in the hotel car park as was empty and late at night, didnt notice the signs either was only in the car park about 5 minutes.

few days later had a letter £60 fine, i payed it, now very cautious about where parking.

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