Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Maxx on January 03, 2025, 05:05:40 pm
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What would be the best way to resolve this to try and minimise finanlial loss ?
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Thanks for pointing that out. I might have been wrong, and it looks like the entry and exit times were mentioned on the parking charge reminders.
What’s the best way to negotiate better terms for an out-of-court settlement? Do you think it’s worth it?
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OP, read paras. 4 and 5 of their reply to your defence.
If you're saying they're lying and that neither the NTK nor reminder had 'time stamped images taken by the ANPR cameras showing that the Defendants(sic) vehicle was on site for 2 hours and 37 minutes' then you need point this out to the court.
'We wish to clarify to the Defendant that the correspondence attached are copies of what have already been sent to the Defendant'
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You have said a few times that the timings were 'only' provided in the reply to the defence - this would be unusual. Are they not included in the original parking charge notice, or reminders you said you ignored?
If they genuinely haven't provided such details previously in any form this would be useful to know.
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The main discrepancy here seems to be that your defence essentially hinges on the car being parked for less than 2 hours, but ParkingEye's ANPR evidence seemingly suggests the vehicle was on site for 2 hours 37.
Do you have any evidence to support your claim that the vehicle was parked for less than 2 hours?
I overstayed by 30 minutes, being parked for 2 hours and 30 minutes (this was not mentioned in their original claim).
Can you clarify the bit in bold? You've redacted a lot of the Particulars of Claim, but they do seem to include an entry and exit time, what are these times?
the Entry and Exit times were not in the original Claim, but in the Reply to Defence. Please check out my previous post :)
Also, I do not have evidence of the time spent in the parking lot. I rarely spend more than 2h, almost never.
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And the OP has stated clearly and repeatedly to the court that they were not parked for more than 2 hours (albeit that here they have admitted the same) when PE claim to have objective proof on this point AND that this has been provided to the defendant twice.
OP, you are made to look like a denier of objective facts and an unco-operative party and this is worrying.
I almost always park for less than 2 hours, which I mentioned in my defence. I had no way of knowing the exact timing as I don't keep track of such records. Additionally, the time details were not included in the original Claim but were only provided in the Reply to Defence.
What would you do if you were in my position? Thanks.
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And the OP has stated clearly and repeatedly to the court that they were not parked for more than 2 hours (albeit that here they have admitted the same) when PE claim to have objective proof on this point AND that this has been provided to the defendant twice.
OP, you are made to look like a denier of objective facts and an unco-operative party and this is worrying.
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The defence identifies them as the driver.
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their PoC state they are pursuing the keeper under Pofa but PE aren't fully compliant. can the OP get a discontinuation based on non compliance?
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The main discrepancy here seems to be that your defence essentially hinges on the car being parked for less than 2 hours, but ParkingEye's ANPR evidence seemingly suggests the vehicle was on site for 2 hours 37.
Do you have any evidence to support your claim that the vehicle was parked for less than 2 hours?
I overstayed by 30 minutes, being parked for 2 hours and 30 minutes (this was not mentioned in their original claim).
Can you clarify the bit in bold? You've redacted a lot of the Particulars of Claim, but they do seem to include an entry and exit time, what are these times?
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-Reply to defence.
Thank you :) :) :)
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Who issued the claim? ParkingEye themselves or did they issue it through DCB Legal? Your claim form tells you just below the Claimants details (address for sending documents).
This is likely to determine how the claim progresses. If it has been issued through DCB Legal, PE don’t think they have much of a case and, as long as it has been defended, they will eventually discontinue.
If issued by PEs internal legal dept. then it is likely that the case may progress to a hearing. In which case, we need to see the Particulars of Claim (PoC) from the claim form and what, precisely, you submitted as your defence.
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Hello,
I am currently involved in a court claim with ParkingEye regarding a parking incident at a hotel. On that day, I was visiting a gym through the MoveGB scheme, which provides 2 hours of free parking. Upon entering the hotel, I registered my car with the reception staff.
Shortly after, I began receiving parking charge reminders, but due to being busy, I did not respond. Eventually, I received a small court claim (via the Civil National Business Centre) for £210. I rejected the claim and filed a defense, explaining:
The MoveGB scheme includes 2 hours of free parking.
I provided my car registration to the hotel staff and should not be held accountable for a communication failure between the hotel and ParkingEye.
ParkingEye should seek payment from the MoveGB scheme.
In response, ParkingEye argued that:
I did not reply to their earlier letters.
I overstayed by 30 minutes, being parked for 2 hours and 30 minutes (this was not mentioned in their original claim).
It’s worth noting that the hotel usually overlooks minor overstays, but this matter has now escalated to litigation.
I consented to mediation to resolve the dispute, but the mediation call did not take place for some reason, even though I waited by the phone. The claim remains for £210 and has now been handed over to the court.
I am seeking advice from those with similar experiences:
Is an out-of-court settlement still possible, and if so, how should I proceed?
What plausible conditions could be proposed in a settlement? Do parties usually meet in the middle?
Should I write to the claimant to offer a settlement, and what should such a letter include?
If the hearing goes ahead, what are my chances of success? If I lose, will this affect my credit rating?
Thank you in advance for your guidance and advice.