Private car parking fines

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Gasman

Old enough to know better, too old to care!
As I understand it, the Beavis/Parking Eye ruling only applies in car parks where you can park free for 2-3 hours then have to pay or leave.
 
OP
OP
Cuchilo

Cuchilo

Prize winning member X2
Location
London
Well this one has finally gone to court after nine threatening letters . The court have asked for my reply to the amount claimed and if i want to counter claim .
 

Pale Rider

Legendary Member
Well this one has finally gone to court after nine threatening letters . The court have asked for my reply to the amount claimed and if i want to counter claim .

I appreciate you are not daft, but are you certain you are looking at a genuine court summons?

One of the scam companies took to sending a form that was, by the look of it, all but copied from the genuine court document.

It was convincing, the recipient showed it to a member of staff at the county court who was momentarily fooled.

The only sure way to check is to ring the county court and ask them to confirm the hearing date and the parties: Cuchilo v Dodgy Parking Co.
 

Pale Rider

Legendary Member
If the parking company has taken Cuchilo to court (which is what his post implies) then it would Parking Co v Cuchilo....

Which begs the question: who was who in Kramer v Kramer?

I wonder how they ever managed to get that case heard.

Returning to the OP, the parking company may be taking action under a company name he doesn't recognise, so he needs to look out for his own name.
 
OP
OP
Cuchilo

Cuchilo

Prize winning member X2
Location
London
The company have asked the court to impose the fine and the court have asked me what i have to say and what i want to do . I'm not paying a penny unless the court tells me too so i'm going to reply that they have no proof of a contract and the suffered no loss of money . I just need to work out how to word my reply to the court .
This is pretty much my situation ... https://www.retailmotorlaw.co.uk/in...-charge-notice&catid=34:our-company&Itemid=78
 

Globalti

Legendary Member
I read somewhere that people in your position have successfully settled by offering the plaintiffs a token sum of money, which is what they calculate the parking would have cost had it been a public car park.
 

Pale Rider

Legendary Member
The company have asked the court to impose the fine and the court have asked me what i have to say and what i want to do . I'm not paying a penny unless the court tells me too so i'm going to reply that they have no proof of a contract and the suffered no loss of money . I just need to work out how to word my reply to the court .
This is pretty much my situation ... https://www.retailmotorlaw.co.uk/in...-charge-notice&catid=34:our-company&Itemid=78

It seems to me Beavis is against you.

The contract is deemed to be made by the provision of clear signs, and the company no longer has to prove they have suffered any direct loss, only that the charge is reasonable.

The judges in Beavis seemed to accept there needed to be a deterrent element in the charge to enable the company to adequately manage the car park.

Not a ruling I like, but what I like doesn't matter.

Nor will I be the judge in your case, so what I think doesn't matter either.

But I fear you may have an uphill task persuading the man - or woman - who does matter in your case that the parking company is not due something.

https://www.parkingcowboys.co.uk/parkingeye-vs-beavis/
 

NorthernDave

Never used Über Member
One of the scam companies took to sending a form that was, by the look of it, all but copied from the genuine court document.

There used to be a debt recovery company that operated from a small office on a street called "High Court" and all their paperwork was emblazoned with "No. 1 High Court, Leeds" - all perfectly legitimate but I wonder how many people thought they'd received official court documents when they got a letter asking them to pay up..? :scratch:
 
D

Deleted member 26715

Guest
The company have asked the court to impose the fine and the court have asked me what i have to say and what i want to do . I'm not paying a penny unless the court tells me too so i'm going to reply that they have no proof of a contract and the suffered no loss of money . I just need to work out how to word my reply to the court .
This is pretty much my situation ... https://www.retailmotorlaw.co.uk/in...-charge-notice&catid=34:our-company&Itemid=78
As already put are you sure these are genuine court papers, the does not ask you your side, they send you documents that allow you to send in a witness statement, not at all like you are making it sound
 
OP
OP
Cuchilo

Cuchilo

Prize winning member X2
Location
London
As already put are you sure these are genuine court papers, the does not ask you your side, they send you documents that allow you to send in a witness statement, not at all like you are making it sound
I have a form to fill out if i want to not pay and counter claim .
 
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