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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70697
Experience:  Over 5 years in practice.
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Im currently being taken to court by Parking Eye (a private

Resolved Question:

I'm currently being taken to court by Parking Eye (a private land parking company) because the allege that I owe 175 pounds (which includes court costs) for not purchasing a ticket in a pay and display car park.
Interestingly, in their notice to proceed, they admit that that two machines in the car park were not working, but state that I should used a machine that was working (I put money in a machine which was not working, but did not know this until I received my court claim)
Parking Eye have offered in a without prejudice letter to settle the claim for 80 pounds, because apparently I have incurred them in costs by not using their appeals procedure.
I have two questions:
1. If this goes to court, will the judge just throw the case out because there is no case to answer - because I did pay, it was just their faulty machines that did not issue the ticket.
2. What is the next stage with this MCOL process? - I have submitted my defense online and they have issued a notice to proceed (64 pages of it).
Thanks
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
1 No. That is not the test. The test is not whether you paid but whether you displayed. I presume that you did not. It might well be that this is inadequate ultimately but it will not be thrown out at summary judgment.
2 It will be set down for trial. You will need to attend that date to contest this matter.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.
OK - thanks.
There are several other parts to the defense, but that was one of the bigger ones. I'm not sure that the need to 'display' is so important because they operate those number plate recognition things, so they issued the case on the basis that I did not pay, which I did... if you see what I mean.
Expert:  Jo C. replied 3 years ago.
It depends what the signs say on the point. It is the signs that give rise to the contract.
If the complaint is that you did not pay then it is obviously a defence to say that you did but whether the Judge will throw it out is another matter.
If you can show that you did then you probably will win.
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