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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice.
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I received a parking Charge from Parking Eye and I appealed. They dismissed my appeal a

Customer Question

Hi I received a parking Charge from Parking Eye and I appealed. They dismissed my appeal and processed to small claims court. I sent a defence to small court as requested my defence is that I paid for 4 hours parking and parked for 4 hours. They have ANPR showing I was in cap park for 4 Hours 16 minuets. My defence and belief is the 16 Min was spent queuing to get in and out and wait for a spot and same to get out, it was very busy car park. The court wrote back and said Parking EYE had 28 days to respond or the case would be stayed. I have now 2 months later received a letter from parking eye as notice to proceed with small claims. I am looking at information with what happens next and how best to proceed.
Thanks,
Paul
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Are you asking if this defence will succeed?
Customer: replied 1 year ago.
I guess yes.
Expert:  Jo C. replied 1 year ago.
It depends really upon whether your argument is accepted. Certainly it is a defence to say that you were not parked at the location but were sitting in traffic waiting to exit the car park because of the bottle neck design. Obviously I cannot say whether it would work in this specific instance because it turns up the facts. 16 minutes though is not a period of time that renders that defence entirely implausible. Unless they have some evidence to contradict it then it seems likely to be a successful argument.Can I clarify anything for you?Jo