parking eye claim

[bluey23]

I've been sent the usual court claim forms from parking eye, having previously ignored all their charges/threats (I know this may not have been the best option now). I was driving in tight rush hour traffic and was hit by a (huge) lorry. We were totally blocking traffic in the town centre and the only way to move off the road was to move into a little car park to the left. I spent about 20 minutes stood in the car park, swapping details with the lorry driver and then left for home. It is a parking eye pay and display but I didn't notice the signs at the time, I was totally oblivious primarily because I'd just been hit by a lorry! When putting a defence together, do I just go on legalities of parking eye charging a ridiculous £100, and it clearly being a penalty, is it worth mentioning the circumstances?

I don't currently have a picture of the signage to check what it actually says in terms of the contract they say I've entered with them.

[mystery1]

Re: parking eye claim

Post up the particulars of claim and any notices they sent. Pics of signage are good if you can get them.

Circumstances are not relevant really but may garner some sympathy from a judge.

M1

[bluey23]

Re: parking eye claim

Claim for monies outstanding from the defendant, as registered keeper, in relation to a parking charge, issued 03/07/2013, for parking on private land in breach of the terms and conditions. Parking Eye?s automated number plate recognition (ANPR) system, monitoring CCP Warrington, Arpley Road, Warrington, Cheshire, WA1 1EX, captured vehicle XXXXXXX entering and leaving the car park, states that this is private land, is managed by Parking Eye Ltd, and is a paid parking site along with other terms and conditions by which those who park on site agree to be bound. In accordance with the terms and conditions set out in the signage, the parking charge notice became payable. Notice under the Protection of Freedoms act 2012 has been given under Sch 4, making the keeper liable.

I unfortunately don't have any of the correspondence they sent as it was quite a while ago and I've had paperwork clearouts since

[mystery1]

Re: parking eye claim

You need to acknowledge service which gives a total of 33 days from the date on the claim form to file a defence. You cannot give me info you don't have obviously but certainly an extra info e.g. signs will help.

I am due to work on 2 claims and another defence this week so i'll get to yours at the same time. Won't be tomorrow as i'm working.

M1

[bluey23]

Re: parking eye claim

Sorry - I did file the acknowledgement of service a few weeks ago, been trying to find time to deal with this and pick up as much info as I can without being an expert. The final day for defence is Wednesday 19th feb.

Thanks anyway for any help

[mystery1]

Re: parking eye claim

Oh. I'll try and do it later then.

M1

[bluey23]

Re: parking eye claim

Thanks a lot, it's much appreciated. I am going to go and get pics of signage to look at in the next hour or so.

[mystery1]

Re: parking eye claim

Readable close ups of the wee print is great.

M1

[bluey23]

Re: parking eye claim

I've got as many photos as I could, but the writing on the Terms and conditions is SO small, I've had to hand write as much of the detail as I could! It's also very poorly lit which made it harder!

This is the first sign - and the only sign pointed towards a car entering the car park.


This is what it looks like from a car when entering the car park


The actual sign with terms and conditions etc. is on the other side of the lamppost and is about 7ft high -

This is an eye level view (standing up, not in a car) of the sign :

I found it physically impossible to read the t's&c's here:

I found the payment machine by the corner of the car park and tried to picture the terms and conditions there, but it's far too small to read, so I've written it out as best I can:

Parking eye is authorised by the landowner to operate this private car park, for and on its behalf. We are not responsible for the car park surface, damage or loss to or from motor vehicles or site safety. Parking is at the absolute discretion of the landowner and terms and conditions that apply set out within this notice (the 'parking contract'). By parking, waiting or otherwise remaining within this private car park you agree to comply with these conditions and are authorised to park only if you follow these correctly, including making payment where directed, entering registration details via payment and/or permit systems. If you fail to comply, you accept liability to pay the fee for unauthorised parking. This contract shall form the entire agreement between parties. By entering you consent for the purpose of the car park management to:
-Capturing of photos of vehicle & registration details together with any data provided by you/other via payment systems.
-Correspondence by Parking Eye ltd. to check compliance with contract.

Furthermore you consent to the processing of data to request keeper details from DVLA, where parking contract is not adhered to, and a) enforcement undertaken remotely by ANPR or b) Charge notice issued manually by attendant, but remains unpaid.

Parking charges incurred:
a) Notified to registered keeper by post where ANPR system identifies non compliance with contract & may subsequently be notified to driver b) Notified to driver of vehicle where issued manually by attendant

Personal data may be shared with the BPA, POPLA, mail service providers, credit reference agents, collections agents, and solicitors for this purpose. Reduction of at least 40% of the charge will be available for 14 days. Failure to pay results in the full amount being due. Where this remains unpaid after 28 days, recovery charges may apply.

[mystery1]

Re: parking eye claim

Not getting enough peace to concentrate tonight. Will do it tomorrow before work when the curling is on. Should get plenty peace then.

M1

[bluey23]

Re: parking eye claim

Haha! no problem at all. Really appreciate the help

[mystery1]

Re: parking eye claim

bluey23.odt

Take out any bits which don't apply.

Make sure you head it up and sign it properly.

http://www.compactlaw.co.uk/free-leg...t.html#Defence

M1

[bluey23]

Re: parking eye claim

Thankyou, that's brilliant, just going through it now :tinysmile_grin_t:

[bluey23]

Re: parking eye claim

Just submitting my defence online, it says I have a maximum of 122 lines (about half of my defence!).. any advice on what to do about making it all fit?

[AdrianL]

Re: parking eye claim

Just submitting my defence online, it says I have a maximum of 122 lines (about half of my defence!).. any advice on what to do about making it all fit?

Is there an email address you can supply it to instead?