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Thread: Parking eye enforcement - county court judgement

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    Default Parking eye enforcement - county court judgement

    Hi.

    I asked for advice a couple of months ago. My father received a fine from Parking Eye, he has ignored 3 letters in total, however, today he has received a letter saying that afyer repeated letters he still hasn't responded, the fine is now £130 if they haven't heard from him they will issue a county court judgement. Where does he stand and can they recover the money?

    Thanks
    Bev

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    Default Re: Parking eye enforcement - county court judgement

    Only a judge can issue a county court judgment, all PE can do is issue a county court claim, which can then be defended.

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    Default Re: Parking eye enforcement - county court judgement

    Did PE actually use the words "we will issue a County Court judgement" or near as damn it? From what you have said, it sounds very much that PE have misrepresented the law, which is, potentially, illegal. Also, note what Michael has said in his post.
    Life is a journey on which we all travel, sometimes together, but never alone.

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    Default Re: Parking eye enforcement - county court judgement

    Quote Originally Posted by bluebottle View Post
    Did PE actually use the words "we will issue a County Court judgement" or near as damn it?
    Perhaps the oafs think that justice has been privatised?
    I am not a lawyer, nor do I pretend to be a lawyer.

    For sensible legal advice http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

    For FREE legal representation, go to the National Probono Centre

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    Default Re: Parking eye enforcement - county court judgement

    Quote Originally Posted by CleverClogs View Post
    Perhaps the oafs think that justice has been privatised?
    Nothing surprises me these days, CC.
    Life is a journey on which we all travel, sometimes together, but never alone.

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    Default Re: Parking eye enforcement - county court judgement

    Hi all, Thanks for all your replies. I am now at my parents and this the letter which he has received. Its from Debt Recovery Plus Ltd. It states that section 4 of the protection of freedoms act 2012 'the recovery of unpaid parking charge. It states that the creditor has the right to recover unpaid charges from the keeper of the vehicle if certain conditions are met. We understand that these conditions have been met and the above charges are due for payment. If you believe the conditions have not been met then please put it in writing. Accordingly, if we do not receive full payment or contact from you with your proposal for payment,this matter may be passed the landholders solicitor to commence County Court proceedings.. Please see our website www.debtrecoveryplus.co.uk for further details.As my father is 74 he is at a loss how to proceed. Any help would be appreciated. Kind regards Bev

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    Default Re: Parking eye enforcement - county court judgement

    "if"

    "may"

    And, by the way, their statement about the misnamed "Protection of Freedoms Act 2012" (link 1, link 2) is such an egregious load of old cock that your father's old cock probably works better.

    What they doubtless meant was that Schedule 4 (link) of that Act allows for the "recovery" of "unpaid parking charges" - but it does not allow for the extortion of "fines" or "penalties" from anyone.
    I am not a lawyer, nor do I pretend to be a lawyer.

    For sensible legal advice http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

    For FREE legal representation, go to the National Probono Centre

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    Default Re: Parking eye enforcement - county court judgement

    Quote Originally Posted by BEVFOY View Post
    Hi all, Thanks for all your replies. I am now at my parents and this the letter which he has received. Its from Debt Recovery Plus Ltd. It states that section 4 of the protection of freedoms act 2012 'the recovery of unpaid parking charge. It states that the creditor has the right to recover unpaid charges from the keeper of the vehicle if certain conditions are met. We understand that these conditions have been met and the above charges are due for payment. If you believe the conditions have not been met then please put it in writing. Accordingly, if we do not receive full payment or contact from you with your proposal for payment,this matter may be passed the landholders solicitor to commence County Court proceedings.. Please see our website www.debtrecoveryplus.co.uk for further details.As my father is 74 he is at a loss how to proceed. Any help would be appreciated. Kind regards Bev
    Debt Recovery Plus have misrepresented the law. The only charges they can legitimately recover are Pay & Display charges, not a charge that is clearly a penalty, which is unenforceable. It is a criminal offence to misrepresent the law in this case, if the charges being referred to are unenforceable. They may also have committed a far more serious offence, namely, Attempted Blackmail.
    Life is a journey on which we all travel, sometimes together, but never alone.

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    Default Re: Parking eye enforcement - county court judgement

    Clever clogs ..... That made me laugh. I will pass on the good news to my dad. many thanks to everyone for your help.

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    Default Re: Parking eye enforcement - county court judgement

    Hi, what is the update Bev.

    I am in the same boat.

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