Putting the fun back into Parking

Court Claim Received

Once you receive a court claim your immediate options are to defend or pay up. However, the court encourages negotiation right up the the door of the court and so to give yourself the most leeway you should always defend the case. Costs will not increase until close to the hearing date so you can always chose to pay up before then. However, once you have a defence in you are in a strong negotiating position because the parking company know they might lose in court and that even if they win they will end up losing money. It is not uncommon for a £200 claim to be settled for £100, £50 or even as low as £15. Meanwhile you can also put pressure on the landowner to cancel the claim, and this has also worked many times.

I have written two guides about defending a ParkingEye court claim; information is available here.

The first guide explains the processes involved, what you have to do and what will happen as the claim progresses. It also gives examples on negotiating and examples on contacting the landowner.

The second guide explains the legal arguments you will need in order to win the case. Even if you don't fully understand them, the parking comapny will and so will the judge. many cases have been won without the defendant opening their mouth. The judge just rips into the parking company and dismisses the claim.

Having said that, the small claims court is very much a lottery and it depends on which judge you get on the day as to the outcome of the hearing.

Non ParkingEye cases

If the parking operator is not ParkingEye then the guides may still be helpful. The legal arguments will still be the same, with he exception that some parking companies ask for money as a contractual charge rather than for breach of contract, so different arguments will be needed for that part.

The guid on processes is not so relevant but may still help in parts by explaining the general process, although the ParkingEye specific areas will not be so useful.

To get help on court cases, the pepipoo forum is probably the best.