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PARKINGeye wrong address at county court claim stage

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  • PARKINGeye wrong address at county court claim stage

    Have just sold house which has been empty for 7 months and have collected a pile of mail to discover that Parkingeye have taken us to county court claim stage without us knowing (£175). They got my old address in Aug from DVLA which I had changed on license month later. The claim is in my name but I wasn't driving. Plus the driver paid the parking charge that day but had to go to a cafe to get change (might have broken grace period). However the claim form says that we parked 'without a valid parking ticket' when we did buy one. The landowner said that they would have cancelled it but can't seem to now its gone to CC claim.
    have read pages and pages of info but still unsure how to defend on this form. Any suggestions out there?
    Tags: None

  • #2
    You may have changed your licence details but did you change the V5 details? Separate entities.

    So have you acknowledged the claim

    Comment


    • #3
      Thank you for your reply. No. Did not change V5. Should I have? Have acknowledged claim and have one day left. Was going to say that I couldn't appeal as did not receive letters and changed license within reasonable time. That there was no breach of contract and 'without a valid parking ticket' as the parking fine was paid (two witnesses). Also, that if I had received the letters the landowners would have cancelled the 'fine'. The deputy manager of the pub said I can use her name. I don't want to take a risk here as I have much going on but at the stage of cc claim, does the above carry any weight?

      Comment


      • #4
        Yes, they got your address from the address you registered for the keeper address on the V5. Common, and expensive, mistake made many times. Changing the licence details has absolutely no bearing on the matter.

        Despite what PE say the principal, the landowner, can tell them to cancel the claim at any stage in the proceedings, even at the court stage.

        The claim is in your name as you are the keeper and they are making use of Schedule 4 of the Protection of Freedoms Act 2012 to hold you liable for the actions of the driver at the time.

        Did the VRM of the car have to be entered into the ticket machine? If you did then you can request the log from the machine on the day. Have you still got the ticket? Have you demanded all the paperwork that they will be using in court from PE?

        What is is the issue date on the court form? If you have acknowledged, using the details and password on the form, then you have 33 days from the date of issue to get your defence to the court. Yes the two friends can give witness statements to say the money was paid.

        You can find many PE defence statements on the Fightback forum.

        You create your defence and send it as a PDF attachment to the court, remembering to sign it.

        Comment


        • #5
          The issue date was 7th Jan 2019. The problem we have is that we retrieved the letter beyond the 14 day of applying for acknowledgement of service. I rang the CC and they said I could still scan it in and it would be okay. The problem is that it has left me with just a few days left (until the 9th Feb). No we do not have ticket as this happened on 3Oth Aug 2018. I have not had time to demand paperwork. I pretty sure that there was a number plate log in but would have to check with driver today. The landowner said they emailed them but this would take 3 weeks to go through and I have just a few days. I have read everything on this site but cannot eke out what I should take and lack experience here. So not sure how best to defend at this stage.

          Comment


          • #6
            OK the landowner can email them and tell them to cancel. It will be many months before it actually gets to a court stage, as long as you get Ack and defence in. Get a copy of the landowners email request to PE for your own use to use in your defence and say that the landowner has requested it be cancelled.

            Comment


            • #7
              Thank you. So, to clarify, in the 'defence' box I just say the landowner has emailed for it to be cancelled.

              As a quick check, should I also request in the 'defence' box the log from machine and paperwork they will use in court? Should I mention the driver did not breach contract as paid charge? Or does the landowner request override this legally? I'm a little tentative for not standing up for the fact that there was no breach of contract.

              Comment


              • #8
                You write nothing in the defence box, you just acknowledge NOW to stop a default judgement, if it hasn't happened already.

                You defence is submitted as a PDF document attached as an email to the court. I know it's only 2 days away but it gives a chance to prepare a decent defence. If it's not in your defence you can't bring up something else later without an additional cost of £255.

                Look at the defences on the web pages I suggested and write your defence. I don't know fully what happened so can't really create it for you but for starters
                • Signage unclear
                • Embarrassed defence as no clear indication of reason for claim. Require a clearer indication.
                • No liability as payment was made, witness statements to that effect
                • Defendant was not the driver
                • Claimant has ignored request by principal to withdraw the charge.
                • Believe log of from ticket machine will show payment for the VRM, require copy fo the log
                • Even if the VRM is not exactly there then details close to the required will show payment was made. Probably machine malfunction
                • If the machine did not recognise the VRM as being in the car park then it accepted payment and so accepted the variation.
                You have 2 days to get it together, sign it and get it to the court.

                Comment


                • #9
                  Confused here. Have just spoken to landowner and they have emailed the email they sent parking eye on 5th to ask for it to be cancelled. I have the email. Is that not enough? Or do I have to write a big defence as you say above? I have the claim form in front of me here and just about to put in defence box hat the landowner has requested it to be cancelled. If this is correct, do I tick a YES or NO to question on form 'do you dispute this claim because you have already paid it?'

                  ​​​​​

                  Comment


                  • #10
                    Have sent Acknowledgement and have until 9th Feb.

                    Comment


                    • #11
                      Ostell, I have done the defence. Your list was very helpful thanks. My main argument was the signage which as awful. I have rung CC and have until.tomorrow. I also have the email from the landowners requesting for it to be cancelled. One question: do I put the landowners request to be cancelled in the defence box as well?

                      Comment


                      • #12
                        Yes you put in that the principal has requested a cancel. You will not be submitting evidence yet, that comes later.

                        You also put in that you have 2 witnesses to the amount being paid.

                        One of the reason for doing the defence as a separate PDF document sent as an email is that the format is kept. If it makes it easier for the judge then it helps you.

                        You dispute the claim in its entirety.

                        If it helps post your defence up here for critique before you send.

                        Comment


                        • #13
                          Thank you Ostell. Here is what I have typed. I have used much of what you sent as it was actually spot on. It doesn't seem like much but it took me hours.

                          -HAVE EMBARRASSED DEFENCE AS NO CLEAR INDICATION OF REASON OF CLAIM. A CLEARER INDICATION REQUIRED.
                          -NO LIABILITY AS PAYMENT WAS MADE WITH WITNESS STATEMENTS TO EFFECT.
                          -DEFENDENT WAS NOT THE DRIVER.
                          -REQUIRE COPY OF THE LOG FROM TICKET MACHINE AS BELIEVE THIS WILL SHOW PAYMENT FOR THE VRM.
                          -EVEN IF VRM ARE NOT THERE THEN DETAILS CLOSE TO THE REQUIRED WILL SHOW PAYMENT WAS MADE. PROBABLY MACHINE MALFUNCTION.
                          -IF THE MACHINE DID NOT RECOGNISE THE VRM AS BEING IN THE CARPARK THEN IT ACCEPTED PAYMENT AND SO ACCEPTED THE VARIATION.
                          -UNCLEAR, SMALL, BARELY VISIBLE SIGNAGE AT ENTRANCE OF CARPARK. CLAIMENT'S COMPANY WAS NOT NAMED ON SIGNAGE WHICH WAS TOO FAR TO THE RIGHT OF DRIVER VISION (AS DRIVER WOULD BE ENTERING NARROW AND LOW UNDERPASS WITH RAMPS) AND BLURRED CONFUSEDLY WITH xxxxxxxxx PUB SIGN THAT STANDS MUCH BIGGER AND HIGHER BEHIND. TARIFF PLACED ON WALL OF DARK UNDERPASS TO LEFT AND RIGHT WAS DARK AND NOT VISIBLE. UNCLEAR, BARELY VISIBLE SIGNAGE INSIDE CARPARK. SMALL TICKET MACHINE BLENDED WITH HOTEL BEHIND AS ITS BLACK POLE AND BLACK MACHINE BOX MATCHED THE BLACK POLES AND BEAMS OF HOTEL. TICKET MACHINE WAS AWAY FROM CAR SPACES AND WAS NOT VISIBLE UNTIL THE DRIVER REACHED HOTEL. THEREFORE DRIVER WAS UNAWARE OF THE TERMS. THUS NO 'OFFER' OF CONTRACT FOR DRIVER TO ACCEPT AND NO CONTRACT FORMED.
                          NO OPPORTUNITY TO APPEAL AS DEFENDENT MOVED OUT OF THE ADDRESS (date xxxx) OF WHICH ALL CORRESPONDENCE WAS SENTTO BY CLAIMAINT. REECEIVED CORRESPONDANCE FROM CLAIMANT ON (xxxx date) FROM REMOVAL COMPANY WHEN OLD HOUSE WAS SOLD.
                          -LANDOWNERS (xxxxxxxxxxx) HAVE REQUESTED BY EMAIL ON THE 5TH FEB 2019 THAT THE CLAIM IS CANCELLED AS DRIVER WAS CUSTOMER AT HOTEL.

                          Comment


                          • #14
                            I think it's got the main points in.

                            Comment


                            • #15
                              Thank you Ostell. You have been very helpful. Will let you know what the outcome is. Will delete defence presently.

                              Comment

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