Court Claim - Parking Eye - CPR 31.14 Request Denied -Evology

[Desperation]

Hello to all of you lovely people on here,

I was hoping you can help me with a court claim I am trying to defend, I have acknowledged the claim on the 23/9/2025 and the claim was dated the 15/09/2025.

I sent a CPR31.14 request to the company on the 02/10 and a Subject access request to the parking company, Evology (also owned by Parking Eye), requesting documentation, and to my surprise Parking Eye have responded with a letter stating they have sent me a letter before claim, and in short that my request for further information is not currently possible to state exactly which documents they will rely upon in court, and that they listed such document in the letter before claim.

I was hoping to file My Defence by Friday the 17/10 and cannot find any threads specifically relating to a denial of the CPR request, and cannot open the CPR 31.14 Application in your guides and letters section.

As I am a novice in this area, albeit I have been to court over a parking ticket from 5 years ago, and the case was won on non compliance issue, however I am fully aware that the law and obligations ect can change, and MCOLS system has changed slightly since last time.

With this parking ticket from Parking Eye, I had appealed the ticket and admitted I was driving my vehicle, and had in fact purchased a ticket on the Parking company Evologys app (also conveniently owned by Parking Eye), prior to getting out of the car, as I was attending a Hospital appointment, and use the car park on a regular basis, in fact I had used the car park the day before.

The Parking company Evology offer a service too send you an SMS reminder 15 minutes before your parking is due to run out so that you can extend the parking if required. This amazing service is provided to you at a cost of £0.25p, which I paid for, as with any hospital appointment, you are not sure as to how long you may be.

So whilst in the waiting room, I received a notification on my iPhone, approx. 25 minutes after parking to say there was a problem with the payment for the parking. I found this strange as I knew there was money in my account to pay the small amount of the parking tariff. So I addressed the issue, made the payment and assumed that the SMS service and app would have known that the request for parking was made at such and such a time, and when I received the 15 minute warning I was on my way to the car and would be exiting the car park within the time frame, and it hadn't occurred to me that I would need to double check anything.

However in my ignorance and obviously now know that this was not the case as I then received the PCN notice stating I was parked for 1 hour and 28 minutes, so I made my appeal which was obviously unsuccessful, and they offered the popla appeal service, to which I knew would also be unsuccessful, after reading on different forums that the Evology system often has system problems ect ect...which makes sense now knowing they are infact owned by the same parking regulation company...its a marriage made in heaven really, and a massive money making enterprise for these scamming rip off merchants.

Anyway this is the defence I have cobbled together so far, and was wondering if this is adequate for the time being, I'm not very computer savvy, so will try and upload the POC and CPR 31.4 request and response from parking eye tomorrow....

Many Thanks In advance and sorry for such a long post



1. The Defendant received the claim No ............. , issued on the 15th of September 2025 from Parking Eye Ltd

1. All the allegations in the Claimants statement of case is denied in each and every way unless specifically admitted in this Defence.
2. The Defendant avers the Claimant's statement of case firstly fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards the claim and secondly has failed to properly plead its case in accordance with CPR 16.4(1)(a)
   Specifically the Particulars of Claim state that the claim is for unpaid charges relating to a Parking Charge Notice for breach of contract terms & conditions but does not:
   1. State how the terms & conditions of the alleged contract were breached
   2. Describe how the defendant is liable for any such charges.
3. It is well established that the Claimant must provide concise information in the particulars of claim and include all essential information of the cause of action to enable the Defendant to understand the case against them. The Particulars of Claim is inadequate which makes it difficult for the Defendant to respond adequately.
4. The Defendant requested documentation under the CPR31.14 on the 02/10/2025 and note that the Claimant has responded to the CPR 31.14 request , however the claimant has not been compliant with the request and stated : “That it is not currently possible to state exactly which documents will be replied upon court” and that a list of documents were provided in the letter before claim dated 07/08/25.
5. In view of the Claimant's non-compliance, the Defendant respectfully requests that the Court considers this failure when evaluating the merits of the Claimant's case. The Defendant primarily seeks an order that the claim be struck out due to the Claimant's failure to comply with the disclosure obligations under CPR 31.15

Accordingly, the court is invited to consider its general case management powers pursuant to CPR 3.1 to:

1. 1. Make an order that unless the Claimant (i) files and re-serves an amended Particulars of Claim compliant with CPR 16.4(1)(a) and (ii) provide the necessary documentation to enable The Defendant to formulate a defence within 14 days of request, then the claim shall be struck out and judgment entered in favour of the Defendant.
   2. If the Claimant should comply with the CPR 31.4 request, the Defendant will be in a position to amend the defence and would ask that the Claimant bears the costs of the amendment.
      Or
   3. If the court considers it appropriate, to strike out the claim in whole or in part, as the basis that the claim discloses no reasonable grounds for a cause of action; and
   4. Exercise any other case management powers the court sees fit.
2. Statement of truth

‘I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’

1. Signed

[des8]

Awaiting sight of POC before commenting

[Desperation]

POC, sorry i have blocked the location as it has an unusual name which could help the scammers locate the claim details

[des8]

Location might be useful so we can check signage, or perhaps you can supply photos of same with ALL terms and conditions legible.

You could also (as you have identified the driver) defend the claim on the basis of the failure of THEIR APP

Also (although this is not helpful for you) know that there is a separate limited company called EVOLOGY.
It is an offence by a company to use an existing company name as a trading name.
You could let Evology Ltd know about this, (and mention it in passing in your defence! anything to undermine their standing))
You will need to look at companies house for Evology Ltd reg number and address

PE have refused to respond meaningfully to a CPR31.14 request, and have failed to respond to a SAR sent to them under their trading name Evology
It is not compliant to say that ."“.. it is not currently possible to state exactly which documents will be replied upon court” and "...a list of documents were provided in the letter before claim dated 07/08/25."
Phone them up and ask when you'll get compliance (28 days maximum is the rule so if they say 28 days after we send stuff tell them to do one). Confirm the 28 day extension at the same time (then inform the court of such including the date). Tell them if you need to apply to the court for an extension and/or compliance with CPR duties then you'll seek the costs.

How can you defend if you don't have the details of the case ? If you can defend why did you ask for documents ?

Confirm the details of the call to them via email as if you need to seek an unless order you'll need evidence that you have sought compliance and are seeking the order as a last resort due to persistent failings of the claimant.

[Desperation]

Thank you for responding, I have finally managed to get the documentation together so you can see the CPR 31.14 and SAR request and PE response, and photos of the signage... and thank you for the heads up on the Evology Ltd.

I am a little confused as to what to do next? do I file my defence as drafted in my original post, as the issue date was the 15/09 and I acknowledged it on the 23/9, am I correct in thinking that I need to file my defence by the 17th to be within the time limit?.
I will try to call PE tomorrow to try and sort out the extension and then let the court know but do I let them know this information in the defence on the MCOL system, or don't file my defence until the 28 day extention? or just let the court know in that a 28 day extension has been agreed before I file the defence?
The telephone number that has been provided on the letter is their payment line and it is automated, and I have no email address but there is a what's app chat option, is this an advisable route to use if I am unable to speak with any one?

Sorry if you have already explained it, but i just have to get it straight in my head
Many Thanks in advance

[des8]

Do you still have the Letter before Claim?
If so can you post up the document list they refer to in their response 07.10.25

Do you have a record of your attempts to pay the Parking Charge on arrival, and the delayed response from Evology?

I'll draft up an amended defence for you this evening, and tyou can then decide whether or not to file a defence or try contacting PE tomorrow


I see they haven't responded to your SAR. If after a reminder they still fail to respond you can report them to the ICO, as well as the court

I calculate the date your defence is due to be filed by as 18.10 25 (28 days +5 for postal delays from date of issue) and as that is a Saturday you have until the following Monday.

[Desperation]

I have tried to locate a telephone number to call them but there is none available, or email details, they just want you to pay and that's it, I even tried calling the option of reporting a problem on site, and it insists on the parking charge notice number and then hangs up on you....

I have attached the letter before claim

Unfortunately the attempts to pay the parking on arrival was done on my iPhone via the app, and I cant find any way to be able to retrieve the history dating back to may, I have done lots of searches trying to find a way that I could obtain proof but to no avail, the only other thought process is to check with my bank in case they have any record of attempted payments that needed authorising.

However on reviews created with AI search for Evology and trust pilot this is what is states: (not surprisingly)
Review summary

Based on reviews, created with AI

Most reviewers were unhappy with their experience overall. Customers express concerns about various aspects of the service. Many consumers have found the app to be problematic, while others report issues with the payment process. Several people mention difficulties related to location services. Consumers also report negative experiences with customer contact methods. Some reviewers report ambiguous experiences with the booking process. Overall, people express dissatisfaction with the service.

I realise this isn't proof but was hoping the Sar request may show attempt to pay on the app...albeit I am sure they wont be able to provide this information as its their golden ticket to issuing tickets and getting away with it... !!!


Anyway i look forward to hearing from you and thanks for the clarification on the date, I assumed the Friday would be the last working day to submit

I look forward to hearing from you.

[Desperation]

I had located a head office number for parking eye but again it is a automated system, which is to pay or appeal, it tells you to go online or send in the post, and for customers to speak with their allocated case handler for their site, no other options, and the only other number there is is the customer service option, which is again to

There are also some email addresses I have found but 1 I'm not sure they will work, and 2 the likely hood of getting a response before Monday is slim. so I am going to submit my defence, but not sure if I should just submit it on the cpr 31/14 and POC points or complete a full defence, please advise asap

[des8]

Sorry, I drafted this yesterday, but somehow failed to send it

I have cobbled this together for your perusal ... you use it at your own peril!

In particular you need to check the final paragraphs against the wording on the signs (this is the very small stuff at the bottom of the signs which is always illegible in photos)
You need to set it out so it is clearer, and it is better to number paragraphs sequentially so that each number only appears once (e.g number "1" appears nine times which can give rise to confusion)
Margins 2.5cm each side. font size 12 with 1.5 spacing between lines.
If sending attached to an email put claim number an d ParkingEye vs Desperation in subject line


1. The Defendant received the claim No ............. , issued on the 15th of September 2025 from Parking Eye Ltd

1. All the allegations in the Claimants statement of case is denied in each and every way unless specifically admitted in this Defence.
2. The Defendant avers the Claimant's statement of case firstly fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards the claim and secondly has failed to properly plead its case in accordance with CPR 16.4(1)(a)
   Specifically the Particulars of Claim state that the claim is for unpaid charges relating to a Parking Charge Notice for breach of contract terms & conditions but does not:
   1. State how the terms & conditions of the alleged contract were breached
   2. Describe how the defendant is liable for any such charges.
      
      Describe how the claim amount is calculated
3. It is well established that the Claimant must provide concise information in the particulars of claim and include all essential information of the cause of action to enable the Defendant to understand the case against them. The Particulars of Claim is inadequate which makes it difficult for the Defendant to respond adequately.
4. The Defendant requested documentation under the CPR31.14 on the 02/10/2025 and note that the Claimant has responded to the CPR 31.14 request , however the claimant has not been compliant with the request and stated : “That it is not currently possible to state exactly which documents will be replied upon court” and that a list of documents were provided in the letter before claim dated 07/08/25.
5. Also noted that the Claimant has not responded to a Subject Access Request (SAR), made to them under their trading name of EVOLOGY
6. non response to an SAR is a breach of GDPR rules
7. Also noted that the claimant is trading as EVOLOGY, whilst that name belongs to a Company EVOLOGY LTD (Reg No.1304938 since incorporation in 2020).This is contrary
8. It is noted that ParkingEye claim they have copyrighted the title “EVOLOGY”, but there is no record of such on the Intellectual Property Office website.
9. The points raised in paragraphs 4 to 8 above raise questions about the Claimant’s integrity and in view of the Claimant's non-compliance, the Defendant respectfully requests that the Court considers this failure when evaluating the merits of the Claimant's case. The Defendant primarily seeks an order that the claim be struck out due to the Claimant's failure to comply with the disclosure obligations under CPR 31.15 and GDPR SAR

Accordingly, the court is invited to consider its general case management powers pursuant to CPR 3.1 to:

1. 1. Make an order that unless the Claimant (i) files and re-serves an amended Particulars of Claim compliant with CPR 16.4(1)(a) and (ii) provide the necessary documentation to enable The Defendant to formulate a defence within 14 days of request, then the claim shall be struck out and judgment entered in favour of the Defendant.
   2. If the Claimant should comply with the CPR 31.4 & SAR requests, the Defendant will be in a position to amend the defence and would ask that the Claimant bears the costs of the amendment.
      Or
   3. If the court considers it appropriate, to strike out the claim in whole or in part, as the basis that the claim discloses no reasonable grounds for a cause of action; and
   4. Exercise any other case management powers the court sees fit.

2 Without prejudice to the foregoing paragraphs, the Defendant intends to respond to the allegations raised in the Particulars of Claim as best she is able.

1. 1. For the sake of clarity, as the claimant has not indicated how he holds the defendant liable for any alleged unpaid charges, it is admitted that the Defendant was the driver and the registered keeper at the time of the alleged event
2. On dd.mm.yy the Defendant attended xxxx Hospital for an appointment and paid on arrival for parking via the Claimant’s APP EVOLOGY
3. Approximately 25 minutes later the Defendant received a notification from EVOLOGY that there was a problem and payment had failed
4. The Defendant immediately rectified the situation and paid again
5. The Claimant’s APP notifies clients (I nearly said victims!) when their time allowance is to expire in 15 minutes so they may purchase further time
6. The Defendant was returning to her car when she received the 15 minute warning, and had exited the car park within the time limit.
7. If there was a failure to pay it was because of a failure by the Claimant’s APP to perform correctly. A client should not be penalised by the operator’s failure
8. If (which the Defendant denies), the Defendant is found to be liable for the Parking Charge , the Defendant will say that the Parking Charge is not enforceable on the basis that the terms were contrary to the requirement of good faith which causes a significant imbalance under the contract to the detriment of the Defendant. Consequently, the term is unfair and is not binding on the Defendant pursuant to section 62 of the Consumer Rights Act 2015.(CRA) The Defendant will rely on the following points:
   1. Section 68 of the CRA requires that every term of a consumer contract must be transparent and expressed in a plain and intelligible language. The Defendant contends that the term referring to the charges/costs (you need to check what the signs say) on the signage was neither transparent nor intelligible in that:
9. (i)the font size of the term is extremely small making it illegible from a reasonable distance; the term ought to have been presented in a manner which was far more legible considering the amount of blank space available on the sign itself; and
10. (ii)the term refers to ‘charges/costs’ (you need to check what the signs say)but fails to explain what charges the Claimant is seeking to recover. Accordingly, the term described is vague and ambiguous contrary to the guidance published by the Competition and Markets Authority on unfair contract terms.
11. 6. In Parking Eye vs Beavis ([2015] UKSC 67. Case ID. UKSC 2015/0116. The S C found the parking
12. charge (£85) was a genuine estimate of the costs of operating the parking scheme including losses suffered by the operator if its terms and conditions were not complied with (see paras 188 and 193 of the judgment).
    7. In this claim unspecified damages (presumably the "charges/costs"(you need to check what the signs say)mentioned on the signs) additional to the parking charge may involve an element of double recovery and is an abuse of process that may taint the entirety of the claim and permit the Court to strike out the claim (CPR3 4 (2) (b))

3.It is denied that the Claimant is entitled to the relief as claimed or at all.

‘I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’

1. Signed & dated

[Desperation]

OMG you are an absolute Angel I will have been up till stupid o'clock every night trying to do this....I will keep you updated on the progress..

[Celestine]

Looking at the Evology app - it seems the SMS notification was only introduced 6m ago. [Look at the What's New section on the app store] https://apps.apple.com/gb/app/evolog...g/id6448053008
There have been two 'Bug Fixes' since then which would likely be connected to flaws in that new product. Worth asking for more details as I recently succeeded in a similar issue by alleging the software was unreliable. Overall there have been 17 separate Bug Fixes in 12 months - which also supports the likelihood that the Evology app malfunctioned.

[Desperation]

Thank you so much for this, also looking at the reviews left by customers , it seems to be a recurring issue (surprisingly! not), do I need to note any of this in my defence or wait for the witness statement and evidence section?

Also I am a bit wary to mention the below

1. Also noted that the claimant is trading as EVOLOGY, whilst that name belongs to a Company EVOLOGY LTD (Reg No.1304938 since incorporation in 2020). This is contrary
2. It is noted that ParkingEye claim they have copyrighted the title “EVOLOGY”, but there is no record of such on the Intellectual Property Office website.

(Des8 you put this is contrary??? but not sure if this is just a legal terminology: stating to my belief, or if you are leading to the next statement, or meant to put something else?)

As I have no idea what I'm looking for on the intellectual property office website, or what companies should/have to do in terms of companies names. and trading ect?...
I have found a trademark copyright for Evology parking, but not Evology as on the photos of the parking tarrif. I havent managed to get back to the site to actually try and read the small print as of yet
I have looked under the patent section and there is nothing, and I feel a bit out of my depth with stating this and providing proof, and not knowing how I would stand with the legalities of making this statement...or do I not need to worry to much? as I recall from the previous case, how there are many allegations stated in the claimants defence and witness statement that are not legally correct to state!

However I do want the court to know that parking eye and Evology are sister companies, to highlight the fact that there is no conflict of interest between the two entities.

Once again thanks in advance

[des8]

Glad to see your checking what you are filing in court!

I did not find that registered Trade mark "Evology Parking", which the IPO must have decided was not similar enough to "Evology Ltd" to prevent its use

Having searched more deeply I note there are two registered trade marks: evology parking (complete with logo) and EVOLOGY PARKING (https://trademarks.ipo.gov.uk/ipo-tmtext/page/Results)

So certainly, as it is incorrect, delete:
7.Also noted that the claimant is trading as EVOLOGY, whilst that name belongs to a Company EVOLOGY LTD (Reg No.1304938 since incorporation in 2020).This is contrary
8.It is noted that ParkingEye claim they have copyrighted the title “EVOLOGY”, but there is no record of such on the Intellectual Property Office website.
9.The points raised in paragraphs 4 to 8 above raise questions about the Claimant’s integrity and in view of the Claimant's non-compliance, the Defendant respectfully requests that the Court considers this failure when evaluating the merits of the Claimant's case. The Defendant primarily seeks an order that the claim be struck out due to the Claimant's failure to comply with the disclosure obligations under CPR 31.15 and GDPR SAR


The section of the proposed defence where you do your best to defend the allegations does refer to the "claimant's APP Evology"
You could beef that up by mentioning that Evology Parking was developed in house by the claimant, and is a trading name of Parkingeye (they are not sister companies).
So failures by one operating part of the company misleads clients to the benefit of Parkingeye

[Celestine]

In the case I had, we used this ifaulty machine nformation in our pre-action responses and they decided not to issue the claim, however as you already have a claim against you, you should reference the App, how new it is, how many fixes etc because when you drive into a car park, you read the signs and decide to 'accept' the contractual agreement to park and pay. They have a contractual duty to make that technically possible and so have failed if the parking infrastructure has errors. Also - where are the T&C's regarding the App text service? Presumably not on the parking signage, so you need to reference those T&C's also.
Also, you cannot change/amend defence later without permission, so make sure all defence points are mentioned for later use if necessary.

[Desperation]

Hi Guys, I am due to have the Compulsory mediation phone call on Monday, and have already received the claimants witness statement many weeks ago, Assuming scare tactics aggain.


However Parking Eye eventually provided the details to the CPR 31.14 request bur Evology have not responded to the SAR.

I have a few questions:

Am I right in assuming that the Mediation will not get involved in the legal points raised? will they just be interested in trying to get the claim paid in some monitory value, so that it don't have to go to court?

If there is no mediation, how soon after would the court date come about? and as the claimant has already provided me with a a copy of their witness statement, are they allowed to amend it at any point? before the court date?

As Evology have failed to provide the SARS request, i will write to the ICO but how do i inform the court ? and is it when i do the witness statement, or before ? if before hand how do i do it, via email?

Many Thanks in advance