Born Idle:
yesterday she received a notice from them and is now panicking about it.
This is why I hate these companies with a passion, and go out of my way to cause them the most massive amount of work and as much expense as possible. They use fear and intimidation to extort money from ordinary decent people such as your wife. They are crooks, glorified car clampers and I have no hesitation in doing what I do. If everybody did the same, they would soon have to modify their business model.
You have two choices now, to pay it or to contest it. If you contest it, you need to give your reason on the form which you have been sent by the Small Claims Court (SCC).
If you choose to contest it, do so on the grounds that “The amount claimed is not a genuine pre-estimate of loss”. It is highly unlikely that Parking Eye will even turn up at the SCC once they are advised of your defence, it would cost them around £500 to instruct a local solicitor to act on their behalf (which they cannot claim from you) and they know that the registrar will find in your favour, because it is not a genuine pre-estimate of loss.
I must re-iterate again, DO NOT ignore letters from private parking companies and particularly not Parking Eye, who are notoriously litigious.
If it does go to the SCC, then you will find that this is nothing like “going to court”. I have initiated two SCC actions myself, both of which I won. It is just you (or your wife), the other party and the registrar, sat around a desk in an office. You say your thing, the registrar makes a judgement. All your wife would need to say is “The amount claimed is not a genuine pre-estimate of loss”. Nothing else.
The registrar will find in your wife’s favour. Parking Eye cannot possibly have suffered losses of £80 because your wife overstayed in a free car park.
Even if the registrar did find against your wife (which he won’t) then this would not lead to a CCJ or any other blot on her credit record provided she paid the amount awarded against her within the allowable time frame (I believe this is 10 days but I’ll check this).
It’s entirely up to her, she would need to commit to going to the SCC on the day nominated, but she would be able to claim reasonable expenses- a day’s loss of earnings, travel etc but I absolutely guarantee you that she would win the case.