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bluenose1881
Hi All,

New to the site but have already found tons of helpful information so thank you to all that have provided it.

I am about to aknowledge service of a county court claim made by parkingeye ltd as the advice on here seems to suggest.

The vehicle was not driven by me on the day in question which forms the basis of my defence and this should be fairly easy to prove.

Will this be enough of a defence and then, if I am successful, will the whole thing start again for the person that was actually driving?

Any advice/assistance would be gratefully received.

Thanks in advance.

Jlc
QUOTE (bluenose1881 @ Tue, 10 Sep 2013 - 10:47) *
Will this be enough of a defence and then, if I am successful, will the whole thing start again for the person that was actually driving?

Nope. Assuming they've met the Schedule 4 conditions then they can pursue the registered keeper. If your defence is simply that you were not the driver then it will fail.
bluenose1881
Thank you for the quick response. I had a feeling that my view was somewhat simplistic. If I have no other defence that is likely to succeed should I just pay up now and avoid any unecessary complications?
bluenose1881
Is there likely to be any benefit in agreeing that the contravention occurred but disagreeing with the amount being asked for as it far exceeds the actual loss sufferred (ie the amount that should have been paid to park there)?
henrik777
QUOTE (bluenose1881 @ Tue, 10 Sep 2013 - 13:52) *
Is there likely to be any benefit in agreeing that the contravention occurred but disagreeing with the amount being asked for as it far exceeds the actual loss sufferred (ie the amount that should have been paid to park there)?



http://forums.pepipoo.com/index.php?showto...mp;#entry866711

There is pretty much always a good case to defend these charges. I would point out though, that as you don't seem to have a clue then it's going to be tough and is not guaranteed. Up to you if you wish to fight or fold but if you fight you need to have a fair understanding of the argument to win in court not just supply a great written argument.
bluenose1881
I am trying to help my dad with a parking eye fine he's received and am struggling. He has been reading forums telling him to ignore the notices received and it has now reached county court stage. He applied for the extention online to submit his defence and now he is stumped as to what to do next. My brother was driving the vehicle at the time and this can be proven but I believe this does not matter any more. I am considering submitting a defence that states that he will accept that the driver of the vehcile entered the car park without paying (£1.30 I think) and so he would be happy to pay this amount but that there is no justification in law for the remaining amount £100 plus costs. Is this wise or am I best just telling him to pay the fine? Is there any way of buying more time?
Salmosalaris
1.What was the issue date on the claim form ?
2. Did you get a "letter before action "?
bluenose1881
Date on the form is 30th August and I don't know for certain whether he received a letter before action but I think he did from memory.
Salmosalaris
So your defence must be submitted within 2 days !
bluenose1881
Yes, hence the panic and the need for advice. I've no idea why he waited this long to tell me about it and I am unsure whether I can help him at this late stage but wanted to double check before giving in.
Salmosalaris
1. I've sent you a PM
2. If you want to defend you can send a skeleton defence and follow that up with a letter to PE and the court
3. If you were a genuine customer get onto the retailer , managing agent , hotel or whatever and put some pressure on them
emanresu
This is your original

http://forums.pepipoo.com/index.php?showtopic=83243

Where you say you were not the driver but were acknowledging.

QUOTE
The vehicle was not driven by me on the day in question which forms the basis of my defence


You now say it's your dad

QUOTE
I am trying to help my dad with a parking eye fine he's received and am struggling. He has been reading forums telling him to ignore the notices received and it has now reached county court stage. He applied for the extention online to submit his defence


As they say "Que?
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