parking eye county claim

[helpmeplease1]

my wife took my disabled mother twice to the local clinic. the bay she parked in was a disable bay, and the area around her was a drop off area with maximum free stay car parking for 10 minutes. they have a system in the clinic that you have to put the car reg in the keypad in reception to be entitled to extra time in the disabled bay. my mother got her appointment over the phone (i later got written confirmation of both appointments) where they told her to by-pass reception and to go straight upstairs to another department she was not told to enter any car reg detail in the keypad. also the keypad is situated at the far corner of reception from the entrance with a small sign above it. my wife received two parking charge notices, one each for each appointment, for £100 discounted to £60 if she paid early.
i told her to ignore these notices as they cannot enforce these parking fines (which i had read on various forums) which she did . then we received a county court claim asking for the payment of the two fines of £200, court fee of £15, solicitors costs of £50, in total £265.
i spoke to one of the staff at the clinic who said that if you provide proof of appointment they would cancel the tickets. but i cannot verify how true this is as i have read alot on parking eye and other ppc and they seem to be thieves. also because it has know gone to county court i dont know what procedure to follow. i have sent an online acknowledge of service but am very close to the deadline to give evidence.
please help

[mystery1]

Re: parking eye county claim

What kind of site is it ? Pay on display or free for x hours ? Ideally pictures of the signs if you can.


Definitely pursue the clinic to get it cancelled but until it's in writing proceed as if it goes to court.

Email parking eye and ask them for an extension to the period for filing your defence pursuant to cpr 15.5, for a period of 28 days from the existing date, so that the results of the test case in Cambridge can be analyzed for your defence as it may narrow the issues somewhat. They may or may not agree.

M1

[helpmeplease1]

Re: parking eye county claim

the site is a medical clinic.
i am sending pics of the sign.
also, what would be the existing date? the issue date of the claim form is 14-04-2014. would this be the existing sate? sorry if i'm sounding a bit thick but i dont want to get my dates mixed up.
if parking eye do not agree to the extension, then when do i have to give my defense in by.?

[mystery1]

Re: parking eye county claim

33 days from the date of the claim form providing that you have logged on to the MCoL site and filed acknowledgement of service (if you haven't done it try and do it now as you are already late). I'd make that 17th May.

I can't really read the signs. Are there different areas for parking and drop offs ?

Also a scan of the letter about parking and not going to reception minus personal ino would be good.

M1

[helpmeplease1]

Re: parking eye county claim

sorry for the delay, i had some family issues. i went online and done the acknowledge of service on the 24th april. the picture quality has deteriorated due to me manually downsizing the pic so i could attatch it to this thread. is there any other way i can send this to you?
the drop of zone is in front of the clinic with some bays set aside on the side for disabled badge holders.
regarding the letter, my apologize as i did not make myself clear. my mother received her appointment via telephone, which is when they told her to come straight upstairs where they have another small reception that deals with the appointments specific to her medical condition and dont bother going to reception which is on the ground floor ( which i believe is the only place they have a keypad to enter your car registration). the letters i have are appointment letters for the days of the fines, which i requested for proof purposes..
also, as time is short can i send my evidence off online or is it only via post?
thanks

[mystery1]

Re: parking eye county claim

I would contact Parking Eye and ask if they'd agree to an extension to the period for filing your defence pursuant to CPR15.5 so that the imminent decision in the Cambridge can be digested by both sides and the areas of dispute narrowed for easier digestion of the court which accords with the duties of both parties pursuant to cpr 1.3.

enforcement@parkingeye.co.uk

ParkingEye Limited
PO Box 565
Chorley
PR6 6HT

01772 450970

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

M1

[helpmeplease1]

Re: parking eye county claim

i sent them an email on the 9th may but have not had a reply. i have just sent them another email and am about to call them to make sure they have received the email and chase up a decision.
also i went back to the clinic today to get some more pics, and i can also confirm that they dont have a keypad at the reception upstairs.

[helpmeplease1]

Re: parking eye county claim

i hope these pics are clearer.

[helpmeplease1]

Re: parking eye county claim

just spoke to them and they said i should have a reply back by tomorrow. lets hope they do give the extension. if they dont grant the extension, how should i proceed? can i send evidence online?
thanks

[helpmeplease1]

Re: parking eye county claim

i only mentioned cpr 15.5 to parking eye, i made no mention to parking eye regarding the Cambridge case or cpr 1.3. should i have done?

[mystery1]

Re: parking eye county claim

It would've helped maybe.

You do not submit evidence yet. You'd submit a defence. I'm of on Friday so if it's needed that won't be an issue.

M1

[helpmeplease1]

Re: parking eye county claim

Ok thanks

[helpmeplease1]

Re: parking eye county claim

Parking eye have refused my request for an extension, so I'll have to send by 17th may.

Can an I send my defence online?

[mystery1]

Re: parking eye county claim

You can email it.

Can you give all the details you can and i'll see what i can muster up for you. Pics of signs are always a great help.

M1

[helpmeplease1]

Re: parking eye county claim

Thanks mystery1.
I have resent clearer pictures on 12th may of the signs, also showing drop of zone area and area for disabled parking. I will scan and post all the paperwork I have tomorrow from work as I don't have a scanner at home. I will obviously redact all personal info.
The info regarding what happened I think I have covered in previous threads. What other information did you need please.