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#Post#: 64964--------------------------------------------------
Parking eye overstay by 17 minutes court claim. Advice required
DIR By: aggyv
Date: March 31, 2025, 8:19 am
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Hello,
Currently involved in a small court claim with parking eye in
regards to overstaying at a car park by 17 minutes. The overstay
was not intentional at all.
The situation at the time is I parked my car at a parking area
that was run by PE by a ship dock as I am a visitor at a cruise
ship with a friend, required to pay for the amount of time
either by their machine or Paybyphone app. Parked up at a spot,
looked for my wallet to see what coins I have to pay for parking
and helped my friend unload their luggage, this totalled to
approx 3 to 5 minutes since entering location.
After I went to look for the pay machine to see the prices and
hoped to pay by cash to which I found costed more than what I
had in my wallet, so only other way to pay was using the
Paybyphone app. So walking up to the machine looking at the
price added approximately 1 to 2 minutes.
Now I'm trying to pay for the parking using the app. Tried a few
times paying and entering my card details multiple of times and
using different type of payment to no success due to end. I then
went to play store to see maybe the app need updating as the
last time I used the app was significantly long time ago, to
which it did need updating and so I did do it and tried to pay
for the parking again only to reach with the same outcome. Next
attempt was calling to make auto payment using my keypad on
phone, again entering my card details in the end it said it was
declined. I know I got money on my account so I double checked
and ensuring no payment was taken out. I do have money in card
so attempted again as maybe it was just a one time system error,
but again reached to same conclusion so I attempted again using
another card to which I know had money, but again failed as it
was declined. this really confused me and by this time
approximately 5 to 7 minutes gone by.
Final attempt is to do it by Paybyphone on the online browser.
Used exactly same details and card and this time it was a
success. This only took approximately 1 to 2 minutes.
After being a guest at the ship and returning my guest pass the
reception asked if I have a car in car parked, to which I said
yes, they then responded to input my vehicle registration for
the free parking. I declined the offer as I already paid for the
parking and it is within time I leave. Admitedly getting back to
the car, starting it up, inputting my next destination on sat
nav and leaving the site have made me overstayed passed the
'end' time of my ticket by just under 5 minutes.
They have sent Parking noticed, but due to how busy I was, I was
not able to open the letter and see it was from until after a
significant amount of time passed to which then I oppened all my
letters at once and looked at it to which it reached to small
claims court. I have emailed them in regards to it and responded
to the letter and now in its in the stage just after filling out
the N180 (Directions questionnaire) form for the court. I get
that is is my fault as not opeening the letters and if responded
on time it would not reach to where it is now, yes my due
delligence have made a stupid mistake. However, the proposal to
settle without court they have given me seems unreasonable (to
me anyways).
Their propasal is they are willing to lower the charge to £190
from £210 (supposedly to recover their cost) or go to court
hearing. I do not fancy ccj on my credit file as it is very bad
currently, topping that would damage it significantly more, What
would people do in this situation or what advice can I get? Is
it possible to fight it or should I pay their proposal? If
paying for the proposal is it possible to make a payment plan
with them as money falls very short and struggling with multiple
thing at the moment.
Thank you in advance for any guidance/advice. (I may have missed
some things out so please ask any question for clarification if
needed)
#Post#: 64971--------------------------------------------------
Re: Parking eye overstay by 17 minutes court claim. Advice
required
DIR By: Dave65
Date: March 31, 2025, 8:45 am
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If this is a dock area then it is most likely covered under
byelaws, this could make a difference.
Better advice from the regulars.
#Post#: 64980--------------------------------------------------
Re: Parking eye overstay by 17 minutes court claim. Advice
required
DIR By: aggyv
Date: March 31, 2025, 9:07 am
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Yes, This is by Myaflower dock in Southmapton. Sorry forgot to
input location.
#Post#: 64987--------------------------------------------------
Re: Parking eye overstay by 17 minutes court claim. Advice
required
DIR By: G6PRK
Date: March 31, 2025, 9:42 am
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I will also defer to more learned members of the forum RE the
possible Byelaws point, but...
1. You say the court claim was the first you'd heard of it
through not opening mail? Did you not open your mail for months?
2. Do you have the original Notice to Keeper? If yes, post it
with personal info redacted.
3. Am I understanding right that prior to the court papers, you
have not responded to anything at all (appeal, debt collectors
etc.) and therefore have not named the driver?
4. Post the Claim Form with personal info redacted (Particulars
of claim are important, as is whether PE are litigating
themselves or outsourcing to a bulk litigator)
5. What stage are you at? Have you acknowledged service? Have
you filed a defence? You mention their 'proposal' to reduce the
charge - how did they make that proposal?
Rest assured that if you follow the advice on this forum you
will not receive a CCJ. To be clear - a CCJ doesn't 'just
happen'. You would first have to go to court and in the unlikely
event you lose would still have 30 days to make payment without
a CCJ hitting your file. Even in that unlikely event, the amount
'owed' is unlikely to be substantially more than what it is now,
so there's no advantage to paying now.
#Post#: 64992--------------------------------------------------
Re: Parking eye overstay by 17 minutes court claim. Advice
required
DIR By: aggyv
Date: March 31, 2025, 10:21 am
---------------------------------------------------------
Thank you for your response.
1: I did not open my mail for a long time, maybe a month and
half at most 2 as at the time there was so much going on. As I
had free time time I oppened all my mails at once and sorted
them into category. At that point I did not receive mail in
regards to court, but I did get 'Letter before county court
claim' so I decided to email them about the fine and told them I
had made a payment, their automated email did mention about a
response within 10 working days. However I think it was the next
day or 2 I received mail in regards about going to court to
which i respond to that mail.
2: Notice to keeper? I assume the original letter they (PE) sent
first?
3: I have responded to anything that has anything court related
quickly as it has frightened me and in particular don't want to
go to court.
4: Please see attached (I'm assuming this is the form)
5: I have acknowledged service, have filed a defence, Today
31.03.2025 have received their response to the defence along
with a proposal 'without prejudice (save as to costs)' letter to
bring the matter to a conclusion without further costs to both
parties they are willing to accept £190 in settlement to the
original sum recovery of £210. Supposed offer is made as a
gesture of goodwill according to the letter. the offer is open
for 14 days from the date of the letter (24.03.2025), already 7
days gone but only got letter today 31.03.2025.
So basically worth fighting at court at worse case still have to
pay if I loose the case and avoid CCJ?
#Post#: 65003--------------------------------------------------
Re: Parking eye overstay by 17 minutes court claim. Advice
required
DIR By: G6PRK
Date: March 31, 2025, 11:05 am
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It's a real shame you didn't come here more quickly! You've made
a number of errors already but I'm sure the regulars will help
as best they can.
1. You did the right thing in replying to the letter of claim,
but it sounds like you probably outed yourself as the driver
which immediately removes one point of defence. Please post
exactly what you said in that response.
2. Yes, the first letter, which should say Notice to Keeper at
the top - it will likely include dates/times/photos of the
alleged contravention
4. Yes, that's the claim form - but remove and re-upload
redacting the claim number and password.
5. Please post what you submitted as your defence and their
response
#Post#: 65008--------------------------------------------------
Re: Parking eye overstay by 17 minutes court claim. Advice
required
DIR By: b789
Date: March 31, 2025, 11:24 am
---------------------------------------------------------
If you are to have any chance of properly rescuing your
mistakes, we need to see the following:
1. The Notice to Keeper (NtK)
2. Your response to the Letter of Claim (LoC)
3. Your exact wording you entered for your defence and whether
you used the MCOL webform or sent it separately by email or
post.
Without this information, we will be unable to assist properly.
If you'd come here as soon as you received the PCN, we could
have had this quashed at POPLA. As the location of the alleged
contravention was on land that is not relevant for PoFA, all you
had to do was decline to identify the driver and there would
have been nothing else they could do to hold you liable as the
Keeper.
However, you are where you are and have possibly made several
other mistakes in your response to both the LoC and our defence.
One thing you should not worry about is getting a CCJ on your
record. Have a rad of the following to understand what the
complete process is to getting a CCJ and having it remain on
your credit record or not:
--- Quote ---
> A County Court Judgment (CCJ) does not just happen—it follows
a clear legal process. If someone gets a Parking Charge Notice
(PCN) from a private parking company, here's what happens step
by step:
>
> [indent]1. Parking Charge Notice (PCN) Issued
>
> [indent]• The parking company sends a letter (Notice to
Keeper) demanding money.
>
> • This is not a fine—it’s an invoice for an alleged breach of
contract.[/indent]
>
> 2. Opportunity to Appeal
>
> [indent]• The recipient can appeal to the parking company.
>
> •If rejected, they may be able to appeal to POPLA (if BPA
member) or IAS (if IPC member).
>
> • If an appeal is lost or ignored, the parking company demands
payment.[/indent]
>
> 3. Debt Collection Letters
>
> [indent]• The parking company might send scary letters or pass
the case to a debt collector.
>
> • Debt collectors have no power—they just send letters and can
be ignored.
>
> • No CCJ happens at this stage.[/indent]
>
> 4. Letter Before Claim (LBC)
>
> [indent]• If ignored for long enough, the parking company (or
their solicitor) sends a Letter Before Claim (LBC).
>
> • This is a warning that they may start a court case.
>
> • The recipient has 30 days to reply before a claim is filed.
>
> • No CCJ happens at this stage.[/indent]
>
> 5. County Court Claim Issued
>
> [indent]• If ignored or unpaid, the parking company may file a
claim with the County Court.
>
> • The court sends a Claim Form with details of the claim and
how to respond.
>
> • The recipient has 14 days to respond (or 28 days if they
acknowledge it).
>
> • No CCJ happens at this stage.[/indent]
>
> 6. Court Process
>
> [indent]• If the recipient defends the claim, a judge decides
if they owe money.
>
> • If the recipient ignores the claim, the parking company wins
by default.
>
> • No CCJ happens yet unless the recipient loses and ignores
the court.[/indent]
>
> 7. Judgment & Payment
>
> [indent]• If the court rules that money is owed, the recipient
has 30 days to pay in full.
>
> • If they pay within 30 days, no CCJ goes on their credit
file.
>
> • If they don’t pay within 30 days, the CCJ stays on their
credit file for 6 years.[/indent][/indent]
>
> Conclusion
>
> CCJs do not appear out of thin air. They only happen if:
>
> [indent]• A parking company takes the case to court.
>
> • The person loses or ignores the case.
>
> • The person fails to pay within 30 days.[/indent]
>
> If you engage with the process (appeal, defend, or pay on
time), no CCJ happens.
--- End Quote ---
In other words, even if you went through the whole process and
were unsuccessful with the claim, you will never have a CCJ
recorded on your credit file as long as the CCJ is paid in full
within 30 days of it being issued.
#Post#: 65014--------------------------------------------------
Re: Parking eye overstay by 17 minutes court claim. Advice
required
DIR By: aggyv
Date: March 31, 2025, 11:53 am
---------------------------------------------------------
Yeah, I only just found this site as now I'm panicking a bit
more. I really did wish to find more information first instead
of worrying about how long of a time I have before sending any
affirmation.
1: I couldn't remember exactly what I resonded with, but I was
looking to dispute the full amount to the claim and given my
side of the story in the defence form as mentioned on the
original post.
2: Please see attached. Looking at all the letters i've received
this is the first one
4: Attached is the new picture further editing the reference,
also not sure where the passwrod is?
5: Please see attached, I believe I had additional paper as the
spaces given was not enough but I don't think I took a picture
of it. I will send seperately their response
[attachment deleted by admin]
#Post#: 65016--------------------------------------------------
Re: Parking eye overstay by 17 minutes court claim. Advice
required
DIR By: aggyv
Date: March 31, 2025, 12:00 pm
---------------------------------------------------------
Attached is the response to my defence from PE
[attachment deleted by admin]
#Post#: 65019--------------------------------------------------
Re: Parking eye overstay by 17 minutes court claim. Advice
required
DIR By: b789
Date: March 31, 2025, 12:06 pm
---------------------------------------------------------
Please remember for future reference, it is for the claimant to
prove their case, not for you to do the job for them. Your
defence I riddled with mea culpa about your time being over the
period paid for. You all failed to mention that your stupidly
refused the offer of having your VRM registered for free
parking.
You failed to raise the issue of the extra £25 that the claimant
has added to the amount claimed. I will bet you £100 that there
is no mention of an extra £25 on any of the contractual signage
at the location.
I think that for now you must wait for the claim to be allocated
to your local county court and a hearing date is set with
deadlines for Witness Statements (WS) to be submitted.
Hopefully, ParkingEye will submit theirs first and before the
deadline so you have a chance to go through it and can raise
more points for your own WS.
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