Parking Eye Claims Form Received for Entering Wrong Registration

[appleberry111]

Hi guys,

Hoping you can advise me. Received a claim form from Parking Eye claiming 100 + 25 court fee + 50 solicitors cost.

1st of October 2014 I was in Stratford Morissons car park and paid for a parking tocken. But I mistakenly entered the wrong number plate. I put the number of my second vehicle instead. I didn't notice this until I received the letter through the post from Parking Eye. When researching online, I decided to ignore all letters until this month. On the 7th of April I received the claim form seeking the above. I am trying to defend myself but am clueless on what to write. I have seven days remaining to respond.

Please help...

AP

[mystery1]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Post up as much detail as possible (letters, signs etc).

Beavis is going to be 2 weeks at least as the courts are on Easter break. The defence is due to be lodged by 33 days after the date on the form if the AOS has been filed.


What i would do is ask for an extension to the period for filing your defence.


Dear Parking Eye,


As you will no doubt be aware the last date for filing a defence in this case is 24/04/15. You will also be aware that the Parking Eye v Beavis court of appeal judgement is due soon. In light of this i would seek your agreement pursuant to CPR 15.5 that the defence filing date be extended to 22/05/15 being the maximum allowed.


It makes no sense to rush matters before the handing down of Beavis as the arguments would need changing which would incur time and expense for all parties and the court which is contrary to the over riding objective. I note that Parking Eye popla appeals are being held over for this exact reason.


Yours etc




If they fail to agree your request, which they probably will, we can do the defence then (before 24th) and it also helps raise unreasonable behaviour on the part of the claimant which could help with costs further down the line.


At the same time go in to Morrisons and kick up a very public stink.

M1

[appleberry111]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Hello M1,

Thank you for your response. I have just submitted the AOS online, and wrote to PE stating exactly what you have said. I will post it off first thing in the morning..

The claims form is in my fathers name but I was the driver of the vehicle, although I have not mentioned that to PE as of yet.

Claims form states;


'Claim for monies outstanding from the defendant, as registered jeeoer, in relation to a Parking Charge, issued 01/10/2014, for parking on private land in breach of the terms and conditions (the contract). Parking Eye's automated number plate recognition system, monitoring Morrisons Stratford, The Grove, Stratford, E15 1EN, captured vehicle ------- entering and leaving the car park, parking without a valid paid parking ticket. The signage, clearly displayed at the entrance to and through the car park, states that this is a private land, is managed by Parking Eye LTD, and is a paid parking 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 Sch 4, making the keeper liable. This claim is in reference to the Parking Charge(s) 401344-----'


I must be honest, the car park did display visible signs throughout. I did purchase a ticket and left within the expiry time, but did not notice that I put in the wrong reg until they wrote to me.



Appreciate all your help and hope you can help me through this.


AP

[mystery1]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Do you have the receipt ?

M1

[appleberry111]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Hi M1,

No, I disposed the receipt as soon as I got back into the car.

I've just checked online for updates, and they have accepted the acknowledgement on the 16th. I now have to submit my defence by tomorrow. Shall I just explain what had actually happened in terms of entering the incorrect registration? Or, would you advise something else?

Awaiting response.

Thank you,

AP

[mystery1]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

What is the date on the claim form ?

M1

[appleberry111]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

it's dated the 7th of April 2015

[ostell]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

You could mention in the letter to PE that you inadvertently entered the wrong number in at the time and therefore there was no loss. Give them the number and let them look through their records. They then have the chance to cancel the claim knowing that they would not be able to prove a loss. This would also show the court that you are trying to not waste the court's time.

[appleberry111]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Thank you M1,

Shall I write that to PE directly, or to put it on the defence?

AP

[mystery1]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Hang fire. Seventh plus five days service then fourteen more and another fourteen beacause you acknowledged service. I'm out now but do nothing before beavis is announced tomorrow.

M1

[appleberry111]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Hi M1,

Was away from the country for few days. Any updates on the Beavis case?

[appleberry111]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Hey M1,

I've just received a response from PE through the post after we asked for the filing date to be 25th May 2015 (after the Beavis trial). They wrote;

'We recently sent you a LBCCC, informing 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 PE within 28 days of our initial correspondence. Appealing at this stage would have given you the chance to appeal your charge at POPLA had your appeal to PE been unsuccessful.

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

What would you advise?



AP

[mystery1]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Beavis is a pretty bad ruling for the motorist. It is also being appealed to the supreme court.

http://www.bailii.org/ew/cases/EWCA/Civ/2015/402.html

Essentially it was ruled that it doesn't matter that it's a penalty or pretty much more than any loss.


The main areas of attack now left are, keeper liability, what the contract (signs) actually say and if the signs were so that a normal person should see them.

The site should also be contacted to see if they will do anything to assist. (Tesco, Morriosns, hotels etc)

I would encourage those, such as yourself, to delay matters as long as possible in the hope we can await the supreme court.

It will be easier once Beavis has actually lodged the papers and a date is set. Obviously though, nobody should miss a deadline for court (or any appeal).

I am currently looking at matters for many people and hopefully as things progress it will become clearer. It is vital to post signs and the charge notice(s) because that's mainly the area of attack now.


As for that letter, i reckon somebody either didn't read your extension request or is thick.

M1

[appleberry111]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Hey M1,

Hopefully the supreme appeal goes well. Take down those scums!

My father was the registered keeper, but I am corresponding to all letters with my identity as I was driving. The parking sign says to enter the full, correct registration when purchasing which I did not do. I entered the wrong reg! The signs were pretty clear and were displayed all around the car parks, covering all entrances and exits.

I've spoken to one of the managers at Morrison and they've completely neglected all responsibilities, so we kicked off a huge scene.

I'm looking to submit the defence soon as the deadline is near. Possible to give me a structure to follow in terms of wording and explaining I had entered the wrong reg?

Thank you,

AP

[mystery1]

Re: Parking Eye Claims Form Received for Entering Wrong Registration

Do you have the notices, pictures of signage etc ?

Is the courts claims yours or his ? How clear were you to them that you were driving ?

M1