Parking Eye problems

[Raley]

Hi there,

I have just joined this forum knowing that some of you have had difficulties with ParkingEye particularly at Watergate Bay. I have been encouraged by some of the advice provided and so joined the forum in the hope you might also be able to help me.

In June this year I lent my car to my son for his honeymoon in the West Country as both he and his wife are residents in Dubai where they live and work. One evening they went to the Jamie Oliver restaurant in Watergate Bay and parked in the car park on the cliff above. A couple of weeks later, after they had returned to Dubai, I received a PCN from PE. I forwarded the details to my son but he, like some of you, said that it was completely inappropriate as there was no signage visible and there was clearly no warning for restaurant goers that they were expected to pay to park their car. Checking online, he read the advice on this forum which at that time was to ignore the PCN which he did. However, I have now received a Claim Form from Northampton County Court. What should I do?

I shall be very grateful for whatever help or advice you can offer.

Many thanks

aw:

[mystery1]

Re: Parking Eye problems

Post up the particulars of claim and any other letters/notices etc minus personal details.

It's harder to construct a defence unless you know details.

M1

[Raley]

Re: Parking Eye problems

Thanks M1

I hope the three attached pdf documents have come through OK.

[mystery1]

Re: Parking Eye problems

Did you get a letter before claim ?

Do you have pics of the signs ?

M1

[cakelady]

Re: Parking Eye problems

Hi everyone, I also need a little advice about Parking Eye - but in reference to a car park they are operating in Leeds. I received a letter informing me that I had incurred a Parking Charge for using a car park in Leeds and either 1)Failing to pay or 2)Not paying sufficient. The notice asked me to pay Ł100 which would be discounted to Ł60 if I paid within 14 days. The notice features photo stills of my vehicle leaving and entering the car park with accompanying times.

I don't live in Leeds but remember using the car park - it was a little confusing to work out how it operated as there was one old style payment point that was out of order and two further payment points - where you entered you reg number, side by side. I asked a gentleman in the car park (another driver) what to do and he directed me to the new parking points where i put in my money and entered what I thought the machine was asking for into the machine. I actually returned sooner than I thought I would to the car park after visiting friends.

I wrote to parking eye to appeal their charge stating that if they had video footage of me entering and leaving the car park they likely had footage of the above scenario and asked them to check their records again as I had paid. They've stated the below and I want to know where I stand if indeed I've entered my details incorrectly - as I believe with few cars in the parking lot at the time, it would be very easy for them to track down my payment and since no parking receipt is printed by the machine there is no further evidence I can submit. I've asked my friends to go and photograph all signage to check the wording too. In the meantime, this is their response:

"After investigating, there are no vehicle details within the parking system that in anyway [SIC] resemble your vehicle registration. In order for ParkingEye to cancel this Parking Charge, we will need valid evidence indicating that you did not break the terms and condistions stipulated on the signage. This Parking Charge has been placed on hold for 14 days in order for you to provide additional/further evidence."

I really don't want to pay this Ł100 fine, particularly as I paid for parking at the time. Do they have to proof I haven't paid? I'm not sure how I can prove I have if I have misentered my reg details - unless their signage is inadequate for guiding me through the process? Again, it should be simple for them to track down my payment as there were only a handful of other cars in the car park at the time.

Thanks in advance for any help you may be able to offer.

[mystery1]

Re: Parking Eye problems

Hi everyone, I also need a little advice about Parking Eye - but in reference to a car park they are operating in Leeds. I received a letter informing me that I had incurred a Parking Charge for using a car park in Leeds and either 1)Failing to pay or 2)Not paying sufficient. The notice asked me to pay Ł100 which would be discounted to Ł60 if I paid within 14 days. The notice features photo stills of my vehicle leaving and entering the car park with accompanying times.

I don't live in Leeds but remember using the car park - it was a little confusing to work out how it operated as there was one old style payment point that was out of order and two further payment points - where you entered you reg number, side by side. I asked a gentleman in the car park (another driver) what to do and he directed me to the new parking points where i put in my money and entered what I thought the machine was asking for into the machine. I actually returned sooner than I thought I would to the car park after visiting friends.

I wrote to parking eye to appeal their charge stating that if they had video footage of me entering and leaving the car park they likely had footage of the above scenario and asked them to check their records again as I had paid. They've stated the below and I want to know where I stand if indeed I've entered my details incorrectly - as I believe with few cars in the parking lot at the time, it would be very easy for them to track down my payment and since no parking receipt is printed by the machine there is no further evidence I can submit. I've asked my friends to go and photograph all signage to check the wording too. In the meantime, this is their response:

"After investigating, there are no vehicle details within the parking system that in anyway [SIC] resemble your vehicle registration. In order for ParkingEye to cancel this Parking Charge, we will need valid evidence indicating that you did not break the terms and condistions stipulated on the signage. This Parking Charge has been placed on hold for 14 days in order for you to provide additional/further evidence."

I really don't want to pay this Ł100 fine, particularly as I paid for parking at the time. Do they have to proof I haven't paid? I'm not sure how I can prove I have if I have misentered my reg details - unless their signage is inadequate for guiding me through the process? Again, it should be simple for them to track down my payment as there were only a handful of other cars in the car park at the time.

Thanks in advance for any help you may be able to offer.

Dear Sirs,

I have appealed your notice on the basis that the terms and conditions were complied with even though they hold no legal standing. Should you wish to reject my challenge then please provide a popla code. It is not a term and condition that anyone must keep proof of payment and this has not been done. It was paid at the time. Should no popla code be forthcoming i will assume that sense has prevailed and my challenge accepted.

Yours etc

Once you get the popla code something along these lines will be good enough to get rid of them.

M1

[cakelady]

Re: Parking Eye problems

Thanks! As soon as I got the letter my father kept panicking me into nearly paying, but I was pretty sure that there was no legal reason why i should! Your help is much appreciated.

[mystery1]

Re: Parking Eye problems

I wouldn't pay even if you hadn't used the machine and had deliberately used the car park without paying.

M1

[bluebottle]

Re: Parking Eye problems

Please note that TOWN & CITY PARKING have changed their name to SMART PARKING. Their office address remains the same.

[Raley]

Re: Parking Eye problems

1 Aug I received the "letter before action".

The sequence was:
- 5 Jun the "event" occurred
- 14 Jun received the original PCN
- 26 Jun received reminder from PE
- 18 Jul received outstanding notice
- 1 Aug received letter before action by recorded delivery (copy att)
- 10 Oct received CCCF

How do you think I should respond? Very grateful for your advice

Many thanks
aw:

[mystery1]

Re: Parking Eye problems

Well that letter before claim is rank, as expected.

First things first though, have you logged on to the mcol site with the password on the claim form and acknowledged service yet ? If not do so and that gives us 33 days to enter a defence from the date of the claim form.

Secondly we need to get copies of the signage. I am guessing you are nowhere near the car park so we need to get them to send them to you. This is where we can try and utilize the letter before action and the court rules (cpr).

I would write to the claimants solicitor.

Dear Rachel,

I write to you in reference to your claim #xxxxx and your letter before action dated xxxxxx. Sadly your LBA falls a long way short of the CPRs. Had it complied i could have reacted to it in a more timely manner. The relevant practice direction makes clear that you should have pointed me to it in your LBA.

The purpose of a LBA is partly to see if the parties can reach agreement without the need for court and partly to support the efficient management by the court and the parties of proceedings that cannot be avoided.


The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –


(1) the claimant’s full name and address;

(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable)

(3) a clear summary of the facts on which the claim is based

(4) what the claimant wants from the defendant

(5) if financial loss is claimed, an explanation of how the amount has been calculated

(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant (this refers to some sort of financial backing such as insurance or trade union)


2.2
The letter should also –

(1) list the essential documents on which the claimant intends to rely

(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this

(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant

(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

2.3
Unless the defendant is known to be legally represented the letter should –

(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and

(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.




Your failure to adhere to the pre action protocols have put me at a severe disadvantage and i would have expected better from a legal professional such as yourself. As such i would ask that you explain your claim adequately for me to understand if your claim is for breach of contract or trespass i.e the basis of the claim and a breakdown of the financial loss. I would ask for copies of the contract formed with the driver (Signage etc) and your contract as a management company with the landowner.

Should you have issues in supplying the information which should have been available before you issued the claim, which will shorten the period for my defence submission then i would ask that you agree an extension to this limit of 28 days under cpr 15.

I look forward to your reply.

Yours etc



The main objective being a copy of the signs.

M1

[Raley]

Re: Parking Eye problems

Many thanks M1. I am in the process of completing the MCOL acknowledgement process. However, I have just reached the question: "You can choose to contest jurisdiction of the claim made against you." I am unsure why the question but should I contest jurisdiction?

[mystery1]

Re: Parking Eye problems

NO. Jurisdiction is about whether this is the correct court to hear the claim. You are not saying that as i assume you're living in England or Wales.

M1

[Raley]

Re: Parking Eye problems

Does the fact that although I am the Registered Keeper, but was not the driver at the time of the 'event', make any difference to how I should respond especially given that the driver resides overseas in the Middle East?

[mystery1]

Re: Parking Eye problems

NO. They are chasing the registered keeper using the protection of freedoms act 2012 schedule 4 which allows them to do so if they comply with it.

M1