Help! Parking Eye Taking My Dad to Court.....I was the driver!

[Canoeless]

To cut a long story short,

 

I borrowed my Dad's car to take some stuff to the tip, came back and did some shopping en route,

parked over the time limit in a car park run by parking eye by mistake and

 

my Dad started getting invoices.

 

He threw them away because I told him they were fishing,

now he has had court papers from the County Court Bulk Centre in Northampton and the total claim is £135!

 

His attitude is to pay it, mine is to fight it...

 

..any advice would be massively appreciated.

[honeybee13]

Hello there.

 

I expect the forum guys will be along later or tomorrow. I believe Parking Eye are issuing plenty of summonses at the moment, but I'm sure the guys will know what to do.

 

My best, HB

[Canoeless]

Thanks HoneyBee, it's good to know I'm not alone!

[Tony P]

Reading the stickys will give you/your Father all the info you need to sucessfully fight this in your local Court - and claim your costs.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?88-Private-Land-Parking-Enforcement

 

 

Ask again here if anything is unclear - and keep us informed of progress.

 

[HB. Sorry it took so long to respond! ]

[Canoeless]

Thanks Tony P, I've just enrolled online, am I asking for 28 days to submit a defence or should I make a counterclaim of £135 for my costs in dealing with this just to really wind them up?

[Tony P]

AFAIK you only seek costs at the Court Hearing and not as a Counterclaim. Others will correct me if I am incorrect.

 

As you rightly noticed, your priority is to submit an acknowledgement and defence within the time limits.

 

Out of interest for other WebSite forums I follow, what shop/store's car park was this?

[Canoeless]

It was (according to the court papers) at Wythenshawe, Etrop Court. Rowlandsway, Wythenshawe. M22 5RQ

[Canoeless]

I have just submitted my request for the full 28 days and disputed the jurisdiction of the Northampton court (On behalf of my Dad, apparently, I am a litigants friend now!)......wish me luck, does anyone know what I do from here?!

[Scouse Magic]

Why are you questioning the jurisdiction lol unless youre in scotland of course......Your Father will have to submit a defence, then he will receive an allocation questionnaire which is basically a self explanatory set of questions which need to be returned to Northampton...Don't bother with Alternative Dispute Resolution....Next the case will be transferred to your local county court and they will write to you to give you the hearing date.....Next the claimant has to pay a £55 hearing fee......Both your father and the claimant will have to submit documents that they intend to rely upon 14 days prior to the hearing to each other and the court....Where the defendant is not represented, the Deputy District Judge if fair and ensures the laws are applied.....A Wonderful Day out !.. Keep a record of all expenses such as postage, travel, petrol, stationary and a max £90 per day loss of earnings for time spent defending the matter......If the claimant chickens out they have to do it on the correct court forms and pay your father any costs upto that point.....Any party who fails to turn up loses by default

[citizenB]

You don't have to question the jurisdiction of the court - Northampton is a Bulk issuing /clearing centre - once you have submitted a defence and the Claimant has advised if they want to continue, the case will be transferred to your local court.

[Surfer01]

Surely as the OP was the driver, he can do the defence although it is addressed to the registered keeper who was not the driver. I would think that it could be submitted in defence meaning that PE would have to start all over again?

[Scouse Magic]

I love that Idea but to be honest I don't think the Judge would be too pleased with the RK who could have saved time by naming the driver, so the arguments of landowner and the pre estimate of loss are enough to sink the mugs...Manchester City Council own the land so PE will need to produce a contract in court that specifically states that MCC give them permission to issue court proceedings in the name of the Council

Edited September 2, 2013 by Scouse Magic

[dw190]

The OP can make a request to the Court that as he was the driver at the time, he be included as a second defendant in the matter. As a Defendant's friend he can only advise the Defendant and not speak on his behalf. If he requested to be included as the second Defendant he could then have his say at the hearing.