A HAMPSHIRE man has told how he won a legal battle over a fine issued by controversial parking firm which uses CCTV to police carparks.
Will Martin has won his nine-month battle with car park management service Parking Eye, after it took him to court over an £85 fine.
However, when he turned up to court, to his surprise there was no solicitor representing Parking Eye and the judge threw out the case.
Now Will is hoping that others will not bow down to the demands of Parking Eye.
The 30-year-old was taken to Southampton County Court over the parking fine issued to him when he parked his Renault Clio in Totton Precinct car park in December.
The Internet entrepreneur from Chilworth was at a business meeting in Costa Coffee at the time and parked for ten minutes over his allocated two-hour slot.
He says he did not see what he claims were small signs saying that Parking Eye was in operation, and then received several letters in January from Parking Eye stating that unless he paid the money he would be taken to court.
He said: “I thought if a private company issues a penalty I am only paying if the law asks me to pay, otherwise I am not paying the money – especially to a private company.
“The only person who should make you pay any amount is the Government.
“I know, having read about the topic, that even if they had sent a solicitor they would not make the money they have spent already.
“I thought it was a silly process for them to take me to court because they will be losing money anyway.”
In court Mr Martin was awarded £2.70 in travel expenses and he has now issued several tips for other motorists who have received letters from Parking Eye.
Parking Eye were last night unavailable for comment.
Will’s tips to other drivers
- ASK to see their contract with the landowner: “FOR the charge to be legal the agent must demonstrate that a written contact was in place between the private landowner and the parking company, before the date of your charge.
“In my case I asked time and time again for a copy of this contract but was refused. As it was the basis of their charge, I was more entitled to see it and their stalling tactics made me question the legitimacy of their entire operation at this site.”
- ASK to see their calculations behind the charge: “FOR the charge to be enforceable by law it must correspond to a genuine loss suffered by the claimant.
“If the charge isn’t calculated on real figures as an exact result of your parking breach then the parking fine is considered a ‘penalty’ and is not enforceable.”
- IF YOU plan to go to court, do your research: “BEFORE my court date, I read a number of case law transcripts about parking charges. The best one was Parking Eye vs Lemon and Harris at Southampton County Court last December.”
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