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Chalon Way West Retail Park - ParkingEye
#6
@Brenda_R2, yes, probably worth explaining because I don't want anyone interpreting what I said as meaning that a claim issued directly by ParkingEye must be a strong claim.

There is an important distinction between the legal merits of a claim and the operator's commercial decision to litigate it.

Most PPCs operate a bulk debt-enforcement model. After the usual PCN/debt-recovery process, huge numbers of unpaid charges are passed to bulk recovery firms such as DCB Legal or Gladstones. The solicitor is then dealing with a portfolio of claims on the operator's behalf. The fact that one of those firms has issued a claim tells us very little, by itself, about whether anyone has sat down and critically examined that particular NtK, signage, landowner contract, PoFA compliance etc. before proceedings were commenced.

ParkingEye are somewhat different because they have a substantial in-house enforcement/litigation operation and often issue County Court claims in their own name without routinely needing an external solicitor to conduct the process for them. That makes their economics different. They already have the infrastructure, systems and staff to pursue unpaid charges themselves.

However, I would not make the leap from that to "ParkingEye have issued it themselves, therefore a lawyer must have reviewed it and decided it is a winner." Much of their high-volume litigation operation is still systemised and template-driven.

What I meant in @billnit's case is simply that I would take a ParkingEye claim seriously and would not assume that filing a half-decent defence will automatically cause them to discontinue. They have the machinery to take claims through the court process themselves and have historically demonstrated a willingness to do so.

The irony in this particular case is that their confidence, automated process or whatever else led to proceedings does not cure a statutory defect. ParkingEye are expressly pleading that "Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable". If the driver remains unidentified, that proposition depends upon ParkingEye satisfying the conditions Parliament imposed for keeper liability.

Here their own NtK omits the mandatory 9(2)(e)(i) invitation to the keeper to pay. We also have the sealed order in ParkingEye Ltd v Ghansah, M4FC56Q6, where in December 2025 ParkingEye pursued the defendant as keeper and the court dismissed the claim specifically because its NtK "does not include the invitation to pay required by POFA paragraph 9.(2)(e)".

So the useful lesson isn't really "in-house claim = strong; outsourced claim = weak." It is: understand the claimant's litigation model, but then ignore the apparent confidence demonstrated by issuing proceedings and examine whether they can actually prove the cause of action they have pleaded.

@billnit's case is a good illustration. ParkingEye may fancy their chances, but they still have to explain how an unidentified keeper became liable under Schedule 4 when their own NtK apparently omitted one of Schedule 4's mandatory requirements.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain


Messages In This Thread
RE: Chalon Way West Retail Park - ParkingEye - by b789 - 10-02-2026, 01:35 PM

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