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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My daughter has received a claim form from county court business

Resolved Question:

My daughter has received a claim form from county court business centre with regard to a parking charge issued by parking eye, does she require to respond to this? To date she has ignored all correspondence from parking eye.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is parking eye the issuer?
Customer: replied 1 year ago.
Hi Jo, parking eye are named as the claimant , it also says the address to send documents (this claim form) and payment to is the parking eye offices in Chorley , no where on the claim form does it refer to issuer. The form appears to give the appearance of being a court document with a court address*****Business Centre in Northampton
Customer: replied 1 year ago.
Further to my last
Issued 08/05/15 parking in breach of the T&C Rheidol Retail park Aberystwyth car park , parking eye monitor this car park , overstaying the max time permitted
Expert:  Jo C. replied 1 year ago.
Ok.
Are you asking if they can bring this claim?
Customer: replied 1 year ago.
Yes, basically my daughter has always felt the charge is unfair and has refused in her silence to acknowledge it, however if this results in a CCJ that would be a stupid course to pursue , it is my feeling the claim form issued with the use of county court business centre is just a heavy handed solicitors letter , still just demanding payment , however if I'm wrong and parking eye can pursue the claim because she hasn't answered them then we need to take action. I or my daughter have no problem providing information to a authorised legal system , such as the county courts but we are not happy to deal with , I'm sorry to say this, a cowboy outfit such as Parkingeye.
Expert:  Jo C. replied 1 year ago.
They are not a cow boy outfit and they never were. There is a good deal of nonsense on the internet about this topic.
Private land companies always had a perfectly legitimate claim in law. What they had was a claim that was more costly to enforce than it was worth. That is why they don't often sue.
Sometimes they do sue though and clearly they have here.
Whether she feels the charge is unjustified is a non issue. The issue is whether it is made out in law. If they can prove that a vehicle registered to her did park at the location and the signs were adequate to create a contract with the driver then probably they will succeed against her.
In relation to not answering them, the only difference that makes is that she would be liable as the registered keeper if she hasn't named the driver within 28 days.
If this is a form from Northampton County court then it is legitimate. Northampton is the admin centre of all county courts. The matter will be transferred to her local county court.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69779
Experience: Over 5 years in practice
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