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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Parking ticket company issued me with court papers for

Customer Question

parking ticket company issued me with court papers for £3000+
if I go to court what is the likely outcome?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
this is allegedly between 2014-2016 for not displaying a parking ticket
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Could you please explain your situation a little more?

Customer: replied 1 year ago.
HI,THEY(EXCEL PARKING SERVICES) HAVE ISSUED ME WITH A CLAIM FORM AND NUMBER SERVED AT THE COUNTY COURT BUSINESS CENTRE.ON THE FORM IT STATES THEY ARE CLAIMING FROM 25/06/2016-02/08/2016.ON THE COVERING LETTER THE DATES ARE 11/07/2014-21/05/2016.HOWEVER THE TOTAL IS £3500+.THIS IS FOR ME PARKING WITHOUT DISPLAYING A TICKET.IF AND WHEN IT REACHES COURT WHAT IS THE LIKEIHOOD OF ME HAVING TO PAY THE FULL AMOUNT AS THIS SEEMS DISPROPORTIONATE TO ANY "LOSSES" THAT MIGHT HAVE INCURRED. THANKS.
Expert:  Ash replied 1 year ago.

How many tickets is this?

Customer: replied 1 year ago.
THERE IS NO INDICATION ON EITHER LETTER ON THE NUMBER OF TICKETS AND I COULDNT GIVE AN ACCURATE NUMBER-MAYBE 20+?
Expert:  Ash replied 1 year ago.

Ok - I assume you never appealed them, if not, may I ask why?

Customer: replied 1 year ago.
Because as I was in a private car park I assumed that this third party(excel)were just sending speculative "invoices" disproportionate to the cost of (not)purchasing of a ticket
Expert:  Ash replied 1 year ago.

Ok - its bad news I am afraid.

There is a Supreme Court decision in London called Parking Eye v Beavis that said that the tickets are enforceable.

You can see that decision here:

https://www.supremecourt.uk/cases/uksc-2015-0116.html
Sadly it means if you go to Court you would lose as it has been decided they are valid by the highest Court in the UK

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
I HAVE A FEW OTHER QUESTIONS
1 I HAVE READ ABOUT OTHER CASES WHERE THE CLAIMANT(EXCEL) HAS LOST SO ITS NOT NECCASARILY A FOREGONE CONCLUSION,OR IS IT(IN YOUR OPINION)?.
2 IS IT WORTHWHILE ADMITTING PART LIABILITY AND OFFERING PART PAYMENT
3 IF IT DOES GO TO COURT IS IT MANDATORY THAT I HAVE TO ATTEND.
4 AND MOST IMPORTANTLY WOULD I HAVE TO PAY THE FULL AMOUNT OR JUST ENOUGH TO "COVER THEIR LOSSES" IE IF I DIDNT PAY FOR 30 TICKETS AND STAYED FOR 2HRS EACH TIME (AT £1/HR) WOULD THE JUDGE NOT RULE THAT ABOUT £60 PLUS COSTS IS A MORE REASONABLE JUDGEMENT. THANKS .
Expert:  Ash replied 1 year ago.

1. Yes it is - its a Supreme Court decision. All lower Courts MUST follow it

2. Thats a matter for you, its a decision how you run the case

3. No

4. No you have to pay the penalty charged. its too late for the ticket now.

Does that clarify? Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks. just wanted to make sure that I wouldn't have to attend if it goes that far
regards
Andrew.
Expert:  Ash replied 1 year ago.

Yes you dont have to attend.

All the best Andrew. Alex

Customer: replied 1 year ago.
hi alex. its me again one very last thing to consider
the beavis case concentrated on "free" car parks. I was in a "pay" car park I just didn't pay for a ticket. would this make a difference as in the parking eye v cargius case?
thanks for your time.
Expert:  Ash replied 1 year ago.

Sadly not, it was to do with the business model and whether the penalty charges are enforceable.

Sadly the answer is yes. You didnt have to park there and by doing so agreed to their terms.

I am sorry. Alex