Parking Eye court summons

[321donny]

Hello all,

 

I'm writing on behalf of my partner who received a court summons due to an unpaid parking fine issued by Parking eye.

 

She said she was parked for roughly 2 1/2 hours without realising there was a limit of 1 1/2 hours. She says that she didn't see any signs declaring a maximum parking time limit.

 

Like many people, she looked online to forums like this and read the countless threads of people in similar situations. She decided to ignore the notices and warning letters from the company believing them to be unlawful and believed they wouldn't take any action against her.

 

A few days ago she received a summons from Northampton county court for a sum of £165 for the amount claimed plus court costs and solicitors fees. The court papers look legitimate and she is now extremely worried but adamant that she doesn't want to pay this so called fine.

 

Can anyone give advice about what to do next?

 

Thanks, Donny.

[Conniff]

You must inform them that you will be vigorously defending.

[citizenB]

You have a timeline you must stick to.

 

Issue date 8th July + 5 days for service = 13th July + 14 days to acknowledge claim = 27th July + 14 days to submit defence = 10th August 2013 .

 

If you have a look at other threads you will see what you need to do. If you can let us know the date of issue on the claim form then we can fill in the blanks above for you so you know when you need to what and when.

Edited July 16, 2013 by citizenB

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?390479-REceived-Court-Papers-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***

 

Have a read of the thread linked above.

[321donny]

Thanks guys.

 

The issue date was 8th July 2013.

[citizenB]

Thanks guys.

 

The issue date was 8th July 2013.

 

have amended post # 3 to show your timeline Make sure you acknowledge the claim online by the date shown otherwise they will obtain a default judgment.

[321donny]

Excellent!

 

Thanks for the help & keep up the good work!

[OldGitDerbs]

Good luck Donny, keep us posted, why?? I too have an outstanding issue from PE to contend with......

[raydetinu]

watching with interest, let us know what your defence is; they have to prove damages or parking charges are reasonable.

[321donny]

@OldGitDerbs....Will do fella. Looking round the forums it's apparant ParkingEye are issuing court summons left right and centre recently. Hope you don't get one too!

 

@raydetinu....Haven't a clue what the defense will be yet, issues/nuences concerning the law are confusing at best. I will keep the info up to date as best i can, for those in a similar situation....

[OldGitDerbs]

Thanks for this 321 Donny, I returned their paperwork and wrote back to these jokers saying "return to sender - no contract" writing and advising them I was prepared to defend this, there was no mutually agreed upon contract, their charges were unreasonable, protection from the Harassment Act 1997 and finally my own charges I incurred which I will invoice them for in return if they continued to peruse this matter and I wasn't even the driver!! in all of this, so I await with baited breath. Likewise I will post any developments.

Thanks to all concerned.

[321donny]

Hopefully the stance you have taken will be enough to discourage them from taking it any further.

 

Look forward to hearing if this has worked for you.

[Conniff]

Liquidated damages and unenforceable penalties

 

These charges are not charges for providing services under the contract; they are charges imposed because the customer has breached the terms of the contract. Under contract law, when either party to a contract breaks a term of the contract, the other party is entitled to recover damages for this breach.

 

They could sue the other party in the courts to recover the damages. As this would not be very sensible for every minor breach of a contract, the law allows parties to a contract to agree in advance what damages would be payable if either party breaks a term of the contract. If the sum payable appears to the courts to be a genuine pre-estimate of the damages that are likely to be incurred, the courts will accept that this sum is what is called liquidated damages and the offending party will be obliged to pay this sum.

 

However, if the sum specified in the contract is not a genuine pre-estimate of the loss that will be incurred but is excessive and is inserted in terrorem (from Latin, as a warning or deterrent, basically to frighten the other party) the courts call this a “penalty” and will not enforce it.

[321donny]

Hi connif, thanks for the reply....

 

So basically, if it can be proved that said parking charge is presented (either through signage at the car park, or in the resulting paperwork) as a deterrent rather than a true reflection of loss or cost, the judge will throw it out?

 

Just a thought but i find it extrordinary that a car parking space that costs nothing for a certain amount of time, is suddenly worth hundreds when the time elapses....

[Conniff]

There is also this legislation on your side:

 

Unfair Contract Terms Act 1977 group 5 para 1(e)

 

“5.1 It is unfair to impose disproportionate sanctions for breach of contract. A requirement to pay more in compensation for a breach than a reasonable pre-estimate of the loss caused to the supplier is one kind of excessive penalty. Such a requirement will, in any case, normally be void to the extent that it amounts to a penalty under English common law. Other types of disproportionate sanction are considered below – Part III, Group 18©"

[sameagle]

I've been harassed by "PE" since January/February, for being a bit late back from shopping with two disabled people at "Morrisons" in Stone, Staffordshire, where "PE" ply their grubby little "trade".

 

Anyway, as a result, all of my disabled people, who I ferry to and from the shops, decided to boycott "Morrisons", and, I don't suppose anyone from "Morrisons" board will read this, [in spite of me being a shareholder], but so far, their takings from us are down by £7156.20p, and that doesn't include, up to this Thursday, 18th July, 24 trips to their filling station for petrol, £950.00p, and 24 fills of Diesel, totalling £1008.00p

 

Total? £9114.20p.

 

Perhaps I should Email "Morrisons" CEO, and ask him/her if "PE" are providing him with sufficient alternative revenue from their "trade" - whoops! there's that word again !!

 

Sam

Edited July 16, 2013 by Conniff
Non associated sentence removed.

[ims21]

it is a very good idea sam. Although rather than e-mail I would put it in a real letter marked "Private and Confidential".

 

In your letter you shoudl make it punchy yet professional and clearly set out what happened, what action you took (i.e. you decided to take your custom elsewhere) and explain how you have arrived at your figures that they have lost as a direct result of Parking Eye.

 

The way to put these private parking outfits out of business is to write to the companies who contract with them so that they see that people link the appalling behaviour of these parking outfits to the stores concerned and that damage is done to their reputation and their revenue.

 

If you want to start a new thread we would help you with the process.

 

More people should do this and maybe we can, in some small or even big way, help to get rid of these companies.

[citizenB]

Sameagle, I would definitely be writing to the company concerned. If everyone was to boycott any store where PE are operating then it might make them sit up and take notice.

[321donny]

Thanks connif, that legislation will come in very handy. The sanction is obviously disproportionate & hopefully the judge will see that too.

[Conniff]

Thanks connif, that legislation will come in very handy. The sanction is obviously disproportionate & hopefully the judge will see that too.

 

It should be brought up in and defence if it's not already known.

 

 

As for the letter writing, wonderful idea. What I would like to see is people with hundreds of pounds of goods in a trolly leave them at the checkout saying 'sorry parking time is up, I don't have time now to unload, pay and repack all this, bye'.

[Scouse Magic]

Hi connif, thanks for the reply....

 

So basically, if it can be proved that said parking charge is presented (either through signage at the car park, or in the resulting paperwork) as a deterrent rather than a true reflection of loss or cost, the judge will throw it out?

 

Just a thought but i find it extrordinary that a car parking space that costs nothing for a certain amount of time, is suddenly worth hundreds when the time elapses....

 

My word this new legal bod of PE is becoming a pain...If or when PE drop the case, they have to do it on the correct court form and demonstrate that they have paid the defendant any costs incurred........Most small claim Judges don't like these companies........The spirit of these things are that the Landowners (Not PE) invite you to shop and spend money, so that is your Authorisation from the landowner....PE may very well manage the site but they have no legal right to offer or enter into any contract with any motorist (VCS Ltd V HMRC) (VCS Ltd V Ibbottson.) They have no right to say you had no authorisation.. Their charge is a penalty for breaching their terms & conditions (Excel Parking Services V Hetherington Jakeman.) They have no right to issue Court Proceedings in the name of the Landowner......The fact your partner was not aware of any signs is arguable that the signage is inadaquate..Please make a note of all your costs in defending this matter (Loss of Earnings Max £90 per day) and claim your travel/ petrol, any postage, taxis to court, stationary / photocopying etc...Dont be scared, the small claims track is very informal and the judge will be impartial if you represent yourself....The law is a wonderful thing xx

[sameagle]

I've now received a letter before action from "PE".

 

I'm halfway through a letter to Morrison's CEO, but I'm now going to start a new thread - I think that they may have dropped a "goolie", and I want the opinion of some of you on the matter, please?

 

Sam

[Scouse Magic]

My word this new legal bod of PE is becoming a pain...If or when PE drop the case, they have to do it on the correct court form and demonstrate that they have paid the defendant any costs incurred........Most small claim Judges don't like these companies........The spirit of these things are that the Landowners (Not PE) invite you to shop and spend money, so that is your Authorisation from the landowner....PE may very well manage the site but they have no legal right to offer or enter into any contract with any motorist (VCS Ltd V HMRC) (VCS Ltd V Ibbottson.) They have no right to say you had no authorisation.. Their charge is a penalty for breaching their terms & conditions (Excel Parking Services V Hetherington Jakeman.) They have no right to issue Court Proceedings in the name of the Landowner......The fact your partner was not aware of any signs is arguable that the signage is inadaquate..Please make a note of all your costs in defending this matter (Loss of Earnings Max £90 per day) and claim your travel/ petrol, any postage, taxis to court, stationary / photocopying etc...Dont be scared, the small claims track is very informal and the judge will be impartial if you represent yourself....The law is a wonderful thing xx

 

Sorry...need to correct myself.....What I meant was they have no right to issue court proceedings in their own name ( Parking Eye ) as they do not own the land.

[spurscls350]

I received a court summons from Northampton County Courts for parking for 10 mins in a Marriot Hotel car park.....I ignored every letter and warnings they sent....then got the summons of which i replied 'not guilty', in the hope that they wont pay the fee to take this to court !! Today I received a large envelope from Parking Eye...the covering letter says they wish to proceed with this County Court Claim and goes on to say ' please find attatched the form N180 form ( of which was not inc. ) Along with 11 colour photos of their Parking signs etc.Also, a chance to pay their ridiculous fee and fine !!!

I am still confident that this is their last gasp attempt to get me to pay and I don't believe they will stump up the fee to take this to court.........fingers crossed

[ericsbrother]

there is no guilt attached to the action, just a claim you owe them money because they say so. Make sure you respond to every letter from the court in time and point out the errors of the plaintiff. I suspect that their Particulars of claim are not there because they arent actually sure that they are right. Respond to the court saying that you cannot make a response to their claim because there is no claim to respond to and ask for the matter to be struck out on that basis.