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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter got a ticket from parking eye in a

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My daughter got a ticket from parking eye for parking in a hotel car park, she had an appointment there to look at function rooms for her wedding next year. There is sins there about tickets but she simply did not see it. She had parked there before some time ago and did not need a ticket then so wasnt even in her mind. Anyway she ignored the letters she was getting form parking eye as all the forums suggested but has now received a letter from county court business centre in Northampton. She doesnt know what to do. To pay £175 for parking for 40 minutes seems way over the top but she also is scared about going to court and it costing even more. She received the letter a week ago so whatever she does needs to be done quickly as she doesnt want a CCJ against her name. This is making her and me sick
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
This is a private parking fine, so in effect she can ignore it as it is a civil dispute and no rules apply, unlike Council tickets where their rates etc are set by Parliament. What you have here is a private parking dispute which is a matter of contract
If the matter went to Court it would be a small claim and they would not be able to charge lawyer fees etc. They would have to show that a contract existed between your daughter and Parking Eye, they would have to show she agreed to their terms and conditions and finally that they suffered some sort of loss.
Therefore what she should do is if this is a claim by Parking Eye from the County Court in Northampton is to check to see whether or not it has a claim number and a Court seal (which is a Crown). If it does then it is a genuine claim and she needs to defend it.
She needs to file a defence saying there is no contract, she did not agree to their terms and they have suffered no loss. The matter will then be allocated to the small claims track and transferred to her local Court. Even if she loses at Court and pays the £175 within 28 days the CCJ will be cancelled and wont be on her credit file.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thank you for your answer, if she loses at the small claims court will she be expected to pay any more than the £175
Expert:  Ash replied 2 years ago.
There will be an issue fee £25 and a hearing fee of £25. But these are also discretionary. The Judge may award £5 and say well no costs because they exaggerated the claim.
Alex
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