Fri, 12 Jul 2013 - 10:17
I realise you are all very busy with parking eye at the moment so apologies for another related question. The trouble I have got is I am very busy as well and worried that I am not going to have the time required to fight this. It was my girlfriend who got the fines, I think there are actually two of them as well. We have been ignoring them based on previous advice, however had I known Parking eye would take things this far I would have just paid them in the first instance.
I guess my question is how much time is involved in putting a case together to fight these and what are the chances of us losing? We really can't run the risk of either of us having CCJ's because we are moving house in the next year and we need to maintain our good credit ratings.
Each time she got a ticket she had overstayed by 10-15 mins, she was with our daughter who was less than 12 months old at the time and was using the shops that the parking is for legitimately, I guess it just takes a bit longer when you have got a baby with you!
Any advice would be really appreciated.
Fri, 12 Jul 2013 - 10:33
If she was a genuine customer moan to the shops etc.
Did you ignore the LBA too?
Fri, 12 Jul 2013 - 10:48
AND they are not "fines"
Fri, 12 Jul 2013 - 10:53
We have ignored all paperwork because that is the guidance here:http://forums.pepipoo.com/index.php?showtopic=46975
I am not sure what the "LBA" is though?
It is a car park that serves 4 shops. I am not sure where approaching them will get us? She looked in all four but just bought from one, we don't have any receipts to back that up.
Fri, 12 Jul 2013 - 10:55
Letter Before Action
Fri, 12 Jul 2013 - 11:04
So LBA is the orignal correspondance, in that case yes, as above we have ignored all correspondance as advised. I really don't see where going into shops and complaining to managers who probably don't get paid enough to care about the customers and employees in the shop will get me though. I am convinced the stance is going to be "nothing to do with us".
Fri, 12 Jul 2013 - 11:15
If this goes to court and the judge rules in favour of Parking Eye where does that leave us? Presumably with the parking charge and fees to pay (currently £150) as well as court fees on top of that? If Parking Eye's website is to be believed (I struggle with that) they are having success at the County Courts, can anyone verify that? I was under the impression from my initial research last year when we got the charge that none of these companies had ever been successful in court?
Fri, 12 Jul 2013 - 11:23
have you received a letter from parkineye recently telling you you had 14 days before this would go to court .
When was the last letter you had before the court claim ?
Fri, 12 Jul 2013 - 11:42
Hi, I am sure the last letter we had was in April and it was a "Notice of intended litigation".
Fri, 12 Jul 2013 - 12:09
Was it from Parkingeye or Debt Recovery Plus
Mon, 15 Jul 2013 - 13:03
The notice of intended litigation was from Debt Recovery Plus.
Tue, 16 Jul 2013 - 00:38
So that was not a compliant 'Letter Before Claim' at all.
See this thread on MSE:http://forums.moneysavingexpert.com/showth...19#post62445019
I realise you are at claim stage already and you need to acknowledge the claim then get a skeleton defence in (yes I would fight!!). But some points in your defence can flow from the fact that PE have never complied with the Practice Direction on Pre-Action Conduct as they never sent anything resembling a compliant Letter before Claim (as it seems they should be called). See the link to see where PE have failed with all this and hopefully a poster will help you with the rest of a skeleton defence to add to those points.
Worth adding this useful post from Ian Williamson (who posted it to help Aldi customer victims of Parking Eye who have got a Small Claim):http://forums.moneysavingexpert.com/showth...47#post62390347
Summarises what to cover in most defences against most PPC fake PCNs which go to a small claim, and gives a summary of what happens when.
Tue, 16 Jul 2013 - 19:21
Thanks very much for the help and the advice, someone has given me a skeleton defence and a letter to send to Parking Eye. Lets see what happens next!
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