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#Post#: 64588--------------------------------------------------
Going to court: ParkingEye - Parking without authorisation -
threads merged
DIR By: gingernut
Date: March 28, 2025, 5:31 am
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Last April the driver was doing a removals job in my van, at a
pub. The pub's front door opens immediately onto a health centre
car park operated by ParkingEye. Rather than block the pub
entrance, the driver drove my van into the nearest space, still
very close to the front of the pub, which was a disabled bay. He
waited in the van for the client, who was (unbeknownst to the
driver) delivering essential medication to his partner in
another part of the city. He arrived perhaps 20 minutes later,
they loaded the van, and left. The driver was there for around
40 minutes total.
The driver was either inside the van, or very close to it, the
entire time. He was ready to move it at any given moment. The
car park was empty, and the health centre wasn't going to open
for another 40 hours or so. I believe the driver acted
reasonably and the threats being made are cruel and unfair.
ParkingEye rejected the appeal, and the opportunity to appeal to
POPLA was missed. I haven't heard anything from them for so many
months I assumed they had dropped it. Then, nearly a year later,
I received a "Claim Form" from HM Courts and Tribunals Service,
demanding £210.
I (perhaps unwisely) admitted part of the claim in my response.
I hope this shows I am not unreasonable or stubborn. I would
pay the original fine of £60 at this point simply to alleviate
to the stress and anxiety this is causing me. I recently
discovered my brother's corpse after his suicide and have been
experiencing PTSD symptoms. I just want this to go away, but I
am also so outraged I refuse to simply roll over and hand over
such a sum.
The driver truly didn't know he was entering a legal contract at
the time. The health centre was closed. The area is covered in
graffiti and signs may well have been too. I assume there is
some sort of access right to the pub for deliveries etc. but I'm
awaiting news on this.
Nearly everyone on r/LegalAdvice told me I have no chance and
will only end up paying more. I am willing to risk this, but I
need to know the best way of going about it.
Any advice whatsoever appreciated. Thank you.
#Post#: 64603--------------------------------------------------
Re: Going to court: ParkingEye - Parking without authorisation -
threads merged
DIR By: RichardW
Date: March 28, 2025, 6:53 am
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Please post the documents you have received. The court form is
not a demand, but notification that a claim has been lodged -
unless you've missed the boat and a default judgement has now
been made.
#Post#: 64658--------------------------------------------------
Re: Going to court: ParkingEye - Parking without authorisation -
threads merged
DIR By: b789
Date: March 28, 2025, 11:19 am
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Without seeing the correspondence, it is impossible to provide
the advice you need.
READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
A court claim is a good thing as it is the ultimate dispute
resolution service. Don't fear it. If you can, get sone photos
of the location including any signs. Close ups of any signs and
general views of the location. If any signs are covered in
graffiti get pictures too.
Also, has the claim been issued by ParkingEye themselves or DCB
Legal?
#Post#: 64680--------------------------------------------------
Re: Going to court: ParkingEye - Parking without authorisation -
threads merged
DIR By: G6PRK
Date: March 28, 2025, 1:41 pm
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99% of people on r/legaladvice are morons - I wouldn't worry
what they have to say. b789 and others here are the most
informed the internet has to offer and will offer you the best
advice if you post the required docs/info. Will be useful to
know what you've admitted to.
P.S. I'm sorry for your personal loss - I can't imagine how
difficult that must be.
#Post#: 64925--------------------------------------------------
Re: Going to court: ParkingEye - Parking without authorisation -
threads merged
DIR By: gingernut
Date: March 31, 2025, 4:14 am
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Thank you all, here is the letter.
[attachment deleted by admin]
#Post#: 64961--------------------------------------------------
Re: Going to court: ParkingEye - Parking without authorisation -
threads merged
DIR By: b789
Date: March 31, 2025, 8:11 am
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But you said you have already responded to the claim:
--- Quote ---
> I (perhaps unwisely) admitted part of the claim in my
response. I hope this shows I am not unreasonable or stubborn.
I would pay the original fine of £60 at this point simply to
alleviate to the stress and anxiety this is causing me. I
recently discovered my brother's corpse after his suicide and
have been experiencing PTSD symptoms. I just want this to go
away, but I am also so outraged I refuse to simply roll over and
hand over such a sum.
--- End Quote ---
What EXACTLY did you put in as your defence?
#Post#: 65319--------------------------------------------------
Re: Going to court: ParkingEye - Parking without authorisation -
threads merged
DIR By: gingernut
Date: April 2, 2025, 3:08 am
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I haven't made my defence yet. I filled out an "acknowledgment
of service" form but ticked "I intend to defend part of this
claim."
I was extremely stressed about it and was willing to pay the
original £60 just to get them to leave me alone, and my partner
convinced me to tick that box instead of "defend all of this
claim". I assume this cannot be changed.
#Post#: 65352--------------------------------------------------
Re: Going to court: ParkingEye - Parking without authorisation -
threads merged
DIR By: b789
Date: April 2, 2025, 5:14 am
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OK. It shouldn't make much difference as it can be included in
the defence that the wrong option was selected. Hopefully you
did not put anything whatsoever in the defence box on the MCOL
webform. Even a single comma would be the sum total of your
defence.
Without identifying the driver as you are under no legal
obligation to do so, you also said "the driver drove my van..."
thus implying that you were definitely not the driver. If that
is the case, you need to be very clear on that point. As the
Keeper, if you were definitely not the driver, clearly state so.
Before the defence is suggested, what pre action correspondence
did you receive and what did you respond to? We need to know
exactly what you have admitted, knowingly or inadvertently.
As long as an AoS has been submitted you now have until 4pm on
Monday 21st April to submit your defence. So, plenty of time to
prepare your defence. We just need the questions answered.
#Post#: 65647--------------------------------------------------
Re: Going to court: ParkingEye - Parking without authorisation -
threads merged
DIR By: gingernut
Date: April 4, 2025, 7:35 am
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The sequence of events from memory, and I have no clue where the
original paperwork is as I have since moved house and had a
general chaotic time.
I appealed the initial fine, which was rejected. At some point
later in the summer I think I received a "letter before county
court claim," or of very similar wording. I don't remember
responding to this. I believe that's all the correspondence I
had before the letter I just posted.
In my appeal, I was extremely naïve, and based my argument on
what I consider to be reasonable and rational, rather than
anything legal. I explained the purpose of the visit, that the
van wasn't left unattended, that the car park was empty and
health centre closed all weekend, etc.
Re: the driver, that was me, and I admitted this in the appeal.
Sorry I can't be more specific. I think it's safe to assume I
did everything wrong until I sought advice on here.
#Post#: 65649--------------------------------------------------
Re: Going to court: ParkingEye - Parking without authorisation -
threads merged
DIR By: gingernut
Date: April 4, 2025, 7:38 am
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Actually, I just found this in a document on my computer, I have
no idea at what stage this was written, or if it was even sent,
but I believe it's very similar to the initial appeal.
"Dear Sir/Madam,
I repeat that this is an unjust fine. I wasn’t even “parked:” I
was either waiting inside the van, or loading the van, for the
duration of my time in the car park. Mine was the only vehicle
in the Health Centre car park. It was a Saturday afternoon, the
Health Centre was not to open until Monday. I was always
available to move the van at a moment’s notice, had someone
turned up and wanted to use that parking space. I used that
parking spot rather than block the entrance to the Old England
pub, which was actually open at the time. I inconvenienced
absolutely no one and believe my actions were entirely
reasonable. I am confident that an objective third party would
agree with me.
Yours faithfully,
XYZ"
I like to think I'm a little wiser now.
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