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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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I have just received a claim for payment of a £100 plus Court

Customer Question

I have just received a claim for payment of a £100 plus Court Fee and Solicitors Costs, totalling £175 from Parkingeye Ltd. All In relation to a parking charge issued 4/6/14,for parking at Holy Trinity Church, Newquay.
On the occasion MANY attempts with various coins were made to pay the required amount but to no avail. The machine would not provide a parking ticket , or accept the money.
I could find no attendant or person to report to or ask for advice, so eventually, being late for my meeting,I left the car in situ and proceeded.
Having received the initial fine by mail, I emailed the facts to no avail, and have just received the above claim from the County Court Business Centre. Northampton.
As I don't consider it a fair fine as the meter equipment was to all practical purposes not serviceable, although the camera obviously was serviceable.
As I have heard that Parking Eye have made a name for themselves, publicised in the media with similar incidents, I would like to know what advice you would give? Pay up or not?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Just to clarify, have you received a court summons please?
Customer: replied 2 years ago.
I have a received a Claim Form from Parkingeye Ltd in the County Court Business Centre, Northampton, signed by the Claiments Solicitor Rachel Ledson
Expert:  Jo C. replied 2 years ago.
Ok.
Was this the only meter in the car park? Its not normally
Customer: replied 2 years ago.
It' s the only one I could see. It was by the Exit/ Entrance so you had to walk past it to leave and arrive. Seemed the obvious place it was only a smallish Car Park outside a Church.
Expert:  Jo C. replied 2 years ago.
Thanks.
The absence of meters is not actually a defence to private land fines. Its not a complete defence with local council fines either but council's will usually consider it. With private land fines, there is a contract effectively and if you cannot pay to park there then you are not entitled to park there in law.
Given the facts above, it would be difficult to ask them to prove that their signs were adequate. Since you accept trying to pay you must have understood the need to pay and if signs were sufficient to do that then its not likely a court would say that they were not adequate.
You could always ask them to prove the sum of their loss. That will depends upon how the signs were worded. If the signs quote and warn of a fine for a specific amount then they could argue that this is due under the contract. If its just that they warn that you must pay then their only claim is for the cost of parking and some admin costs.
Whether you contest it or not depends on how much risk you want to take. In truth, when they do issue against people they often do win. They just do not issue very often.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Jo! Sounds like I had just as well pay up and smile! Sadly!
But I might involve the local Press as I hear this Parking Company is causing a great deal of grief locally!
Thanks for your advice!
Rick
Expert:  Jo C. replied 2 years ago.
You might well win if you contest it but it is a lot of inconvenience.

Its surprising that they summonsed you as they generally don't.
Customer: replied 2 years ago.
Thank you Jo
Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.
Joao, could you please stop asking me to rate your advice every hour! I keep responding! Surely enough is enough not every hour for ever!
Expert:  Jo C. replied 2 years ago.
Those are automated emails by the site.

You need to ask customer services about that. I have no control over it.

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