ParkingEye - Letter Before County Court Claim - won

[TwoAngels]

Hi All,

(Hope this is in the right place! Apologies if not.)

Another lost soul looking for help to avoid being swindled out of my hard earned money by these cowboys.

Here's my story:

I parked in the Watford Arches Retail Park (WARP) back in September and I proceeded to spend a fair amount of money at various stores (just shy of £900). Annoyingly I overstayed the 3 hour limit by 12 minutes (some of which would have been trying to escape the bloody car park) and I received my first PCN not long after.

Now, the WARP is split over three areas with different shops in each area. I thought all of it was the same "Retail Park" (as it is described on the link) but it seems that each car park is separate and the shops "associated" to the car park I parked in were the ones I did not spend any money in. I found this out after doing some research and reading that the shop managers can get a PCN cancelled if you spent money in their store. I spent over £600 in DFS so gave them a call and this is when I found out the above situation. Now I don't remember seeing anything saying there was a maximum of 3 hours (but I am sure there is and I missed it) and I didn't see anything to say the car/retail parks were not related as I would have moved the car each time otherwise.

So I then found this website (among others) and read that ignoring it can be a route to go. So I have done just that but I have now received a Letter Before County Court Claim (attached with details redacted). Annoying.

Now I have done some more research (through this forum and other places) in to how I can fight this. The best advice seemed to be to claim that the amount asked for is too high but 'Point 3.' in their letter seems to be their attempt to head this off. So not sure what to do.

A few thoughts of my owN are:

• Claim that, as this is a "contract", I was not made aware of the fact that I have a right to cancel (cooling off period) as I did not sign the "contract" in their place of business
• Claim that under 'unfair terms in consumer contracts regulations 1999' this is an unfair charge as I only overstayed by 12 minutes (some of which would have been me driving to exit the car park)

Also, I want to clarify if they can claim extra costs from me (court claim issue fee etc)

I appreciate all the help anyone can give me and if you need any more info please ask as I want to go into this as confident as possible.

[mystery1]

Re: ParkingEye - Letter Before County Court Claim

They can claim limited costs in the small claims court IF they win.

Is the letter addressed to the person who was driving ?

M1

[TwoAngels]

Re: ParkingEye - Letter Before County Court Claim

The letter was addressed to myself and I was driving at the time but I have had no contact with them and have not confirmed that I was the driver.

Regards,

TA

[mystery1]

Re: ParkingEye - Letter Before County Court Claim

Well you're not going to convince them to stop going to court. However, you can be awkward and follow court procedure in the hope that the court looks kindly on that and not so much at their failures.

Edit this to suit.


Dear Parking Eye,


I received your letter headed xxxxx on xxxx the contents of which are noted. It would appear that this is a letter before action although it is not compliant with the pre action protocols.


I deny any debt to parking eye. I was there on that day at that time and parking was free. The car park was extremely busy and your cameras, which are at the entrance/exit, do not take account of parking time but also include waiting in traffic.


The pre action protocols dictate that in a letter before action the claimant should refer the defendant to the pre action protocol 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.


The pre action protocols also dictate that in a letter before action the claimant should set out the details of the matter in writing and a clear summary of the facts on which the claim is based.


The claimant should also list the essential documents on which the claimant intends to rely and i would like copies of these please, set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this and refer the defendant to the Practice Direction.


If financial loss is claimed, an explanation of how the amount has been calculated.


Please take this response as an acknowledgement of your LBA to which a full response will be provided within 14 days of rectification of the flaws in your letter. I am taking advice from persons with experience in these matters however that advice is limited until compliance with the above faults is achieved. I would however refer you to Civil Enforcement Limited v Kerry McCafferty. (21/02/2014 Luton County Court) in the mean time.


Yours etc


M1

[TwoAngels]

Re: ParkingEye - Letter Before County Court Claim

Cheers for the quick responses.

I'll shoot that out to them and see what happens.

Instead of "and paid for parking. ( i attach a copy) <<<only if you have one obviously" do you think I should take this chance to explain my story, include copies of receipts and act dumb as to the fact that the car parks seem to be separate?

[mystery1]

Re: ParkingEye - Letter Before County Court Claim

Cheers for the quick responses.

I'll shoot that out to them and see what happens.

Instead of "and paid for parking. ( i attach a copy) <<<only if you have one obviously" do you think I should take this chance to explain my story, include copies of receipts and act dumb as to the fact that the car parks seem to be separate?

It doesn't say that :whistle:

M1

[TwoAngels]

Re: ParkingEye - Letter Before County Court Claim

I shall keep it as is

[TwoAngels]

Re: ParkingEye - Letter Before County Court Claim

I have received the attached letter.

Please advise how I should respond (if at all).

I am thinking of sending something stating that, as I was only 12 minutes over the limit, that I was parked for less than three hours but, due to the volume of traffic, it took me a long time to find a space and then leave the car park.

Cheers for any help.

[mystery1]

Re: ParkingEye - Letter Before County Court Claim

It is certainly in your interest to correspond with them. If it goes to court, being seen to be reasonable is helpful and very beneficial when it comes to costs.

M1

[TwoAngels]

Re: ParkingEye - Letter Before County Court Claim

It is certainly in your interest to correspond with them. If it goes to court, being seen to be reasonable is helpful and very beneficial when it comes to costs.

M1

Hi Mystery1,

Long time no chat. I had thought this issue put to bed but seems they're still chasing me.

I sent them a letter (last year) stating that I was parked for less than the time they claim and that their cameras do not take into account the time it actually takes to find a parking space and also the time it takes to navigate to the exit of the car park.

They have not replied with the attached. Seems they know they won't win on that case so are trying to attack me from a different angle.

I was thinking of just replying stating that I was shopping there and that they will have to prove otherwise.

Would like to know your thoughts?

Cheers,

[mystery1]

Re: ParkingEye - Letter Before County Court Claim

Gather as much proof of spending as possible and send copies.

M1

[TwoAngels]

Re: ParkingEye - Letter Before County Court Claim

Gather as much proof of spending as possible and send copies.

M1

What if I don't have any proof of spending?

[mystery1]

Re: ParkingEye - Letter Before County Court Claim

They'll probably take you to court and hopefully we'll kick their arse.

M1

[TwoAngels]

Re: ParkingEye - Letter Before County Court Claim

How should I respond to this letter? Or should I just leave it until they send me more letters through?

Cheers

[mystery1]

Re: ParkingEye - Letter Before County Court Claim

Well if you don't have receipts, bank statements or c/c statements from the purchases you stated in the opening post, try the retailers for copies and see if they can get it cancelled.

If no success we can look at a reply but i'd bet a lot of money on a court claim if the retailers say no or you don't get proof of purchase(s)

M1