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Parkingeye Ltd v SMRJ **Case Won**

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  • Parkingeye Ltd v SMRJ **Case Won**

    Hi,

    Received a claim form this afternoon through the post from Parkingeye Ltd. The details are as follows

    Date of issue : 18 AUG 2014
    Date of service : 21 AUG 2014
    Particulars : Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, issued 04/06/2014, for parking on private land in breach of the terms and conditions (the contract). ParkingEye?s automated number plate recognition system, monitoring Morrisions Gosport, 15 Walpole Road, Gosport, PO12 1NQ, captured vehicle HV07VBM entering and leaving the car park, overstaying the max stay time. The signage, clearly displayed at the entracne to and throughout the car park, states that this is private land, is managed by ParkingEye Ltd, and is a max stay site, along with other T+C's by which those who park on site agree to be bound. In accordance with the T+C's set out in the signage, the Parking Charge became payable. Notice under the Protection of Freedoms Act 2012 has been given under Sch4, making the keeper liable. This claim is in reference to Parking Charge(s): 021220/782673

    Claim amount: £85.00
    Court fee: £25.00
    Solicitors cost: £50.00
    Total Cost: £160.00
    I dispute the date given by ParkingEye Ltd as my records indicate that I was in this car park on 02/06/2014 as I shopped in Morrisons that day. I did spend some time in town initially to do some banking before completing my shopping at the store. Morrisons was extremely busy that day and I recall noting I had been in the store for over an hour and a half before leaving the car park.

    I have not made any payments towards this alleged debt and I have not acknowledged the debt in writing. I have however acknowledged the claim today (21/08/2014) and have sent a letter requesting for disclosure of specific information of documents mentioned in the statement of case.

    Regards
    smrj
    Tags: None

  • #2
    Re: Parkingeye Ltd v SMRJ

    It's an ANPR ticket so will never be issued on the same day as parking.

    Date of service is 23rd

    Gather as much evidence as possible. Tickets/notices, signs i.e. is it well signposted, can you park without seeing any etc (not deliberately not looking though, just a reasonable person)

    Have a read of these

    http://www.parking-prankster.com/court-claim.html

    http://www.legalbeagles.info/forums/...ghlight=beavis

    http://www.legalbeagles.info/forums/...ghlight=beavis

    The beavis appeal is 23/24 Feb 2015 http://forums.moneysavingexpert.com/....php?t=5043475


    Complain to Morrisons but sadly many managers couldn't care less.

    M1

    Comment


    • #3
      Re: Parkingeye Ltd v SMRJ

      Hi,

      I have received a letter today from ParkingEye (dated 29th August) saying the following

      We recently sent you a letter Letter Before County Court Claim, informing you that the above Parking Charge remains outstanding and this has now been processed for further action. This is because we had not received an appeal or payment from you within the time period stated on the first Parking Charge Notice. This notice informed you that all appeals should be put in writing and submitted to ParkingEye within 28 days of our initial correspondence. Appealing at this stage would have also given you the chance to appeal your charge at POPLA (the Parking on Private Land Appeals Service) had your appeal to ParkingEye been unsuccessful.

      Therefore, we are now unable to accept your appeal and would advise you to follow the instructions outlined on the Claim Form to pay the outstanding amount or submit your defence.

      Kind regards,

      ParkingEye Legal Department



      Should I respond to this letter?
      What is my next step?

      Many Thanks

      smrj

      Comment


      • #4
        Re: Parkingeye Ltd v SMRJ

        so ... you need to get started on your defence ??

        I can't see how you are out of time for an appeal tho' -
        you said:
        Received a claim form this afternoon through the post from Parkingeye Ltd. The details are as follows

        Date of issue : 18 AUG 2014
        Date of service : 21 AUG 2014


        M1 replied:
        It's an ANPR ticket so will never be issued on the same day as parking.

        Date of service is 23rd


        That's not 28 days (or am I missing something here??)

        I'm sure someone will be along soon to help out, but in the meantime you could always make a start on your defence
        :tinysmile_grin_t:

        Kati


        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Parkingeye Ltd v SMRJ

          A letter telling you they are about to get court papers should normally be treated seriously and responded to in a robust manner. However you already have court papers so unless it's a different ticket to the court paper then there is no point replying to it. You need to check it's not a 2nd ticket.

          Have you filed acknowledgement of service for the court claim yet ?

          M1

          Comment


          • #6
            Re: Parkingeye Ltd v SMRJ

            Hi
            Yes I have filed an acknowledgement of service and it is regarding the same ticket. It is however getting more confusing!! I contacted the local Morrisons store and they were happy to help and sent all the relevant paperwork to their head office so they could contact ParkingEye Ltd. A few weeks later I received the following letter from ParkingEye Ltd.

            19 September 2014
            WITHOUT PREJUDICE SAVE AS TO COSTS
            We are writing in relation to Parking Charge ******/******. As you are no doubt aware a County Court Claim has now been issued in relation to the above referenced Parking Charge, the amount of which was £85.00. Prior to this we had corresponded with you 4 times in relation to this Parking Charge, all of which you chose to ignore.

            It has come to our attention that you were a genuine customer on the date of the Parking Event. Had you corresponded with us earlier, providing proof that this was the case we would have assessed the case and we believe that this matter could have been resolved at no further cost to either party. Our invitation for you to make an appeal and details on how to do it has been on the reverse of all our correspondence with you.

            As this has now proceeded to a County Court Claim, we now require you to pay for the costs associated with this, these costs total £60.00. This is the direct cost associated with your inaction. We do this on a without prejudice basis (save as to costs), and must warn you that if this remains unpaid within the next 7 days, the claim against you will remain. Should this matter be settled in court, ParkingEye firmly believes that all of the associated costs will be found to be owed by you, especially as ParkingEye gave you ample opportunity to appeal this Parking Charge.

            Your Sincerely

            I have given a copy of this letter to my local Morrisons store and I am waiting for a response. Am I to understand that ParkingEye are acknowledging that I was a legitimate customer but still wish to proceed with court action unless I pay their costs ????? Is this not blackmail ???
            What advice would you give me please?

            Comment


            • #7
              Re: Parkingeye Ltd v SMRJ

              They do it all the time. For some it's easier to pay it and kill the stress and for others it's a case of parking eye are getting feck all from me.

              When is/was the last date for filing a defence ?

              M1

              Comment


              • #8
                Re: Parkingeye Ltd v SMRJ

                From my calculations the date of service was the 20th September. I may be wrong if the 28 days excludes weekends/bank hols ???
                I didnt submit a defence as the store said to leave it with them. I feel now that this was a wrong decision. Morrisons policy, apparently is not to correspond with me regarding this matter but to wait and if no reply is received then to consider the matter dealt with. This seems to leave it open to timescales being exceeded but felt that submitting a defence would have progressed the matter further preventing Morrisons from dealing with it. Should I submit a defence now??

                Comment


                • #9
                  Re: Parkingeye Ltd v SMRJ

                  Contact the court and see if they have applied for a default judgement yet.

                  M1

                  Comment


                  • #10
                    Re: Parkingeye Ltd v SMRJ

                    I have just spoken with the store and they have confirmed that Morrisons have requested the parking charge to be rescinded and confirmed that I am a genuine customer. It is now ParkingEye that have taken the decision to continue with this. I was also advised that the recent letter may be an automated letter as it has no signature.

                    Comment


                    • #11
                      Re: Parkingeye Ltd v SMRJ

                      Nothing will matter if they've applied for default judgement.

                      M1

                      Comment


                      • #12
                        Re: Parkingeye Ltd v SMRJ

                        No default judgement has been submitted to the court as yet

                        Comment


                        • #13
                          Re: Parkingeye Ltd v SMRJ

                          So you can either pay £60 as per their offer or defend asap.

                          You have provided no case specific details such as poor signage etc

                          http://www.parking-prankster.com/sample-defence.html

                          Use that, add in about Morrisons said to cancel and as PE are agents they should do as the principal says and any other stuff you need to. Also add in that the Beavis appeal is due February and request a stay until then and ask if the court will order popla as appropriate ADR.

                          M1

                          Comment


                          • #14
                            Re: Parkingeye Ltd v SMRJ

                            Thank you. I will submit this today. What is ADR ?

                            Comment


                            • #15
                              Re: Parkingeye Ltd v SMRJ

                              Alternative dispute resolution.

                              M1

                              Comment

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