Parking Eye: Issued Court Documents

[CRPA9]

I have received court document's today that I am trying to file a defence for. It was only issued to my address last week so am going to give acknowledgment of service today.

it was for overstaying a 4 hour max stay in a retail park car park due to having a job centre appointment which over ran.

Received a claim? Yes
Issue Date: 8th Jan 24.
Have you Acknowledged the Claim?: Yes.
Total Amount Claimed : £210
Claimant’s Name: Parking Eye LTD
Solicitors Firm: Does not say on paperwork.

Particulars of Claim: Claim for monies outstanding from the
Defendant in relation to a Parking Charge ref x issued on
30/08/2023. The signage clearly displayed throughout X Retail Park XX11XXX states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle X entering and leaving the site on 24/08/2023, and overstaying the max stay period. Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking charge payable upon breach.

List any letters you have sent (eg: CCA/ CPR ): NONE
Any Other Information or Background Details:
I don’t have the original parking charge letter.

Any advice on what I should do next is appreciated.

Thank you.

[des8]

Send a CPR 31.14 request to Parking Eye (PE), specifically requesting Parking Charge Notice, legible photos of Signage and map shewing location of signs, copy of their contract authorising their right to manage the car park.
Post up when you receive them.

Do not identify the driver when communicating with them.

There is a template for CPR request in SHORT CUTS panel on the right of this page

[CRPA9]

Can I do this through email or does it have to be through letter only?

[des8]

If sending as email I would confirm a hard copy was to follow, and then send first class with free certificate of posting from post office (paper trail is easier to demonstrate in court)

[CRPA9]

I sent it through mail with proof of posting. I have not heard back yet, will need to draft a defence towards the end of the week. I’m assuming if they don’t reply within the specified time limit it massively goes in my favour?

[des8]

Your defence is due in 33 days after date of issue ie10th Feb?

[CRPA9]

Oh yeah that’s correct I thought it was 28 days.

[CRPA9]

So they have replied with

[CRPA9]

So they have replied with the requested documents. I didn’t think they would! I will attach them here. My defence is due in 3 days and I don’t know where to start with it. Any help or templates would be great thank you so much.

[CRPA9]

Documents here

[CRPA9]

Documents 2

[des8]

Are there any more pages to the Parking Charge Notice?

[CRPA9]

This is on the back but it’s in Welsh.

[CRPA9]

Would you be able to help with a defence please? It’s due tomorrow.

[des8]

Ok, Welsh not a problem, but would have liked to have been able to study their contract with the landowner. No time now, but PE rarely make mistakes
draft template for you to use as you think fit:
use 12.5 font Times new Roman with line spacing 1.5
Claim number on top right of each numbered page
Leave margins either side.
Probably have to send it as PDF attached to email
Claim No:
In the County Court Centre Claim No.
Between
PARKINGEYE Limited (Claimant)
and
Mr ………. (Defendant)
DEFENCE

1. The Defendant received the claim Noxxxx from ParkingEye Ltd on dd.mm.yyyy
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. 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 to the claim and secondly has failed to properly plead its case in accordance with CPR16.4(1)(a)
i) the Particulars of Claim (PoC) state that the claim is for monies outstanding in relation to a parking charge but fails to say how the total is computed
ii). the Particulars of Claim alleges that the Defendant is liable as the keeper
of the vehicle but fails to provide any reasons on which the Claimant relies upon to prove such liabilities.
4.Without prejudice to the foregoing paragraphs, the Defendant intends to respond to the allegations raised in the Particulars of Claim as best he is able.
5. It is denied that notice has been given to the registered keeper making him liable for the Parking Charge as the strict requirements of Sch4 Of the Protection of Freedoms Act 2012 (PoFA2012) were not met.
i) The Parking Charge Notice did not state a period of parking as required by Pofa 2012 Sch 4 sec 9 (2) (a) .ANPR cameras record the time of entry and exit of the vehicle , not the time parked
ii)The Parking Charge Notice does not invite the keeper to pay the unpaid parking charges as mandated by PoFA 2012Sch 4 sec 9 (20 (e)

6 Recovery of Claimant’s unspecified charge
The Defendant denies that the Claimant is entitled to the recovery of unspecified parking charge in respect of the PCN against the Defendant for the reasons in paragraph 5 of this defence
7If it is found the Defendant is liable for the parking charge , attention is drawn to PoFA2012 Sch 4 para 4 (5) where it is stated:"The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper ...." i.e. £100

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.
Signature Date