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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm enquiring on behalf of my father. He parked in a private car park in Bathgate

Resolved Question:

Hi, I'm enquiring on behalf of my father. He parked in a private car park in Bathgate, West Lothian. He exceeded his prepaid stay has has now received several letters demanding payment. The original letters were from the creditor (ParkingEye), the last few have been from Debyt Recovery Plus Ltd.
Parking charge date is 19/6/14
Letters have all been ignored so far on my advise. This was based on a few quick goggle searches.
Can you advise if this is still the best advise?
Thanks in advance
John Connolly
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
The case is currently being tested in the Supreme Court. It has been appealed from the Court of Appeal. Its the case of Barry Beavis (Appellant) v ParkingEye Ltd (Respondent)
The individual claims that the parking charges are unfair and do not represent a genuine loss. Parking Eye says its their business model. As it stands the decision of the Court of Appeal says the charges are fair, but the Supreme Court may change that.
The decision has not yet been handed down but you can follow it at:
https://www.supremecourt.uk/news/beavis-v-parkingeye-ltd.html
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Many thanks for this prompt reply. I'm not sure if this really answers my original question however which asked for advice if the letters from DRP should just be ignored at this stage? Are they likely to start court action?

This case is under England and Wales law, would this also be relevant to a case in Scotland?

Regards

John

Expert:  Ash replied 2 years ago.
Yes the case will not be binding as such but as Scotland is based on a common law jurisdiction then they can follow it and are likely to. This is because there is no clarification on the point and it will be useful to Judges.
If you ignore it then you do risk them issuing proceedings. I can't say whether they will do or not as they may not, however Parking Eye do have a habit of issuing proceedings against people. So yes there is a real risk they will.
Does that clarify?
Alex
Customer: replied 2 years ago.

It does help answer the question, but as my father is terrified of being taking to court I think his preference given the strong possibility of court action will be to just pay and forget about it.

Do you know if parking eye are winning similar cases?

Thanks

John

Expert:  Ash replied 2 years ago.
They are currently as the law is with them. The Supreme Court judgment could change that,.
Does that help?
Alex
Customer: replied 2 years ago.

It does however I didn't think that the law was necessarily with them give that the payments do not correspond to the loss incurred.

John

Expert:  Ash replied 2 years ago.
Indeed and that is the matter to be decided by the Supreme Court. As a consumer I would agree totally.
Alex
Customer: replied 2 years ago.

Thanks again - I guess in summary it is really up to individual to assess if they are happy to take the risk of going to court and losing.

What would be the additional costs if it went to court and lost?

Also if you pay and supreme court decision was that these types of matters are unlawful, what would be the most straight forward way to get payment back.

Currently charge is £135.

Thanks

John

Expert:  Ash replied 2 years ago.
If you lose then as a small claim you can only be charged the costs of issuing and hearing the claim. You can't be charged legal fees.
Does that help?
Alex
Customer: replied 2 years ago.

Thanks.
Did I read somewhere that these costs are typically only in the region of £35?

Also on the matter of recourse if supreme court decision find for appellant. Would this be cost effective for such a small sum?

John

Expert:  Ash replied 2 years ago.
Yes the costs are quite low. Well the Supreme Court decision is simply to get a ruling one way or another on the matter.
Parking Eye have lots of claims at the moment. If it goes against them those claims will be struck out.
Does that help?
Alex
Customer: replied 2 years ago.

Thanks, ***** ***** have been paid to parking eye can you still get claim back from them by a straight forward and cost effective means?

John

Expert:  Ash replied 2 years ago.
Yes you can pay under protest then claim it back.
Does that help?
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex