Has Parking Eye the legal right to take me to court should I not pay?
This was a genuine mistake if I appeal to them I am sure they will just reject it out of context. I do not have my parking ticket any more what grounds do I have for contesting this outrageous amount. I parked for 3hours 33 mins from 1936pm and genuinely didn't realise I had used the wrong ticket machine .
Jo thanks for your speedy and succinct response will this be sent to my email.
"For Jo C" Please would you advise if you think we should explain our mistake to Parking Eye or am I correct in my opinion that they will just say tough luck you should have been more alert. It was night time and we just happened to choose the wrong ticket machine!
Also If they did take this matter to court do you think we would have a case if we haven't made an appeal to Private Eye?
Your advice would be appreciated.
Thanks very much Jo.
Further to your reply we have now received a letter from Parking Eye headed "letter before County Court Claim" stating that court proceedings will be issued which will incur further costs. In particular reference is made to that the county court claim being fully compliant with the Practice Direction on Pre Action Conduct asking us to be aware of CPR 17.1. This states that if legal action is taken a defence to the claim should be made and how to go about doing so.
Additional reference is made to the fact that we are now unable to use the Parking On Private Land Appeals (POPLA) Service as alternative dispute resolution as we did not make representation to Parking Eye within the 28 days from their initial correspondence on the parking fine.
Other references are made to the County Court Claim being within the guidelines set out by the British Parking Association and how as no defence has been filed it is impossible for Parking Eye to state exactly the documents that will be relied upon in court. Although the Protection of Freedoms Act 2012 the British Parking Association Code of Practice defences from us and Parking Eye and any further documentation from Parking Eye are mentioned as being potentially relied upon in court.
Would appreciate your legal guidance on the next steps we should or shouldn't take.