PARKINGeye wrong address at county court claim stage

**ostell** · 8th February 2019, 18:02:PM

Leave it there, they are going to see it.

Remember to put in numbered paragraphs and to sign it. A search will bring up a suggested format. Keep the judge happy.

**Happygoodman** · 13th February 2019, 18:13:PM

Thank you. Two things: 1. I didn't number it as sent it before I received your reply. 2. Noticed later that the word 'no' had somehow been deleted from 'no correspondence received' which changed it to 'correspondence received.....as sent to wrong address...only received in Jan 2019'
Do these things matter?

**Happygoodman** · 12th March 2019, 12:23:PM

Hi Ostell, the CC have got back and it has gone to mediation stage. Does this mean that parking eye have not let me off the 'fine' (even though pub has asked for it to he cancelled and we did pay charge)? Do you have any suggestions about what I should do next?

**charitynjw** · 12th March 2019, 12:32:PM

Originally posted by Happygoodman View Post

2. Noticed later that the word 'no' had somehow been deleted from 'no correspondence received' which changed it to 'correspondence received.....as sent to wrong address...only received in Jan 2019'
Do these things matter?

As long as it can be inferred from the text that it should have been 'no correspondence....', it probably will be taken as de minimus. (trivial)

**ostell** · 12th March 2019, 14:52:PM

Get back on to the pub and say that PE have ignored their request. Ask that they request again and put you on copy for that request.

**Happygoodman** · 13th March 2019, 13:56:PM

Hi Ostell, the pub have been cooperative and will send another email tomorrow with me cc. In the meanwhile, I have directors questions to fill out by 25th march. Online stuff is saying to have a go at mediating whereas moneyforum is saying absolutely don't mediate. They are doing it to frighten you and often back down before the court case. However, I have not a jot of experience of court cases yet also feel that I.should challenge them and have a go. Park eye fine is 175 pounds so if I lose in court it will be around 225 (which is what i'm reading online). What do you recommend?

**ostell** · 13th March 2019, 14:00:PM

Yes, go to mediation and tell them that their principal has requested that they cancel, and you have copies of that request and make a drop hands offer in that if they drop the claim now you will not claim for your costs to date. Otherwise nothing.

**Happygoodman** · 13th March 2019, 15:33:PM

Thank you. Online, some are saying that park eye do not have to obey principal request to cancel if it is at court stage and that park eye solicitors wrote to tell them.
The pub (a worker there) warned me of the same thing. Is this more nonsense coming from Park eye? Just double checking.

**Happygoodman** · 14th March 2019, 10:51:AM

Hi Ostell, have spoken to manager of pub and she said thet are NOT the landowners. They can request it to be cancelled if people use their pub however. This is a poor oversight as I should have checked. What do you suggest now? Should I just accept defeat and try and mediate something as we did pay charge. I think the problem was that we paid after 15 min grace period. I could use the poor signage as you drive into the back of the pub though I feel this is risky.

**charitynjw** · 14th March 2019, 12:33:PM

Any chance you could post up a picture of the sign?

**Happygoodman** · 14th March 2019, 14:47:PM

Would have to travel to place which is two hours away. So will get back wen done.

**Happygoodman** · 18th March 2019, 20:50:PM

Hi! I have photos after a train ride to Exeter. I think Park Eye are going to make the case that we paid after the grace period. In the letter, however, they are saying that we didn't pay the charge when we did (£8). I have two witnesses to say we did. Because I only received the letter from the CC before mediation (as we had moved house and I didn't get mail) it was too late to ask for evidence from the machine-just rapidly sent in a defence form-which is above in the thread. Anyway, this is what happened.
photo 1: we turn into road where White Hart hotel carpark.is and there is no signage on the pub itself to say that this is a fee paying carpark.
Photo 2 and 3. As we enter the tunnel to the Left, the driver's vision naturally moves to the centre of the tunnel in order to get a steady manoeuvre through. It is easy to miss the small blue sign on the far right which says TARIFF PAYABLE BY MACHINE OR PHONE. Other signs complicate the information, one which is the sign for the WHITE HART HOTEL where we are heading.
Photo 4: Once you have made the turn into the tunnel the blue sign to the right cannot be seen at all and the tunnel is so dark you cannot see a sign with tariffs onto your left or right pinned on the wall.
Photo 5: As you drive through the tunnel, you can see that the ticket machine is easy to miss and has no sign on it as you pass and blends with the black poles of the hotel.
Photo 6: Entering the carpark fully and still no helpful clear signs.
Photo 7: Following the route to where we parked, still the signs are not immediately clear.
Photo 8: The view of the hotel from the car park. No signs at all visible.
Photo 9: This was the sign nearest to the car. It is a close up and as you can see it is falling apart.
Photo 10/11/12: When we enter the pub (after collecting what we need which takes a bit of time) we come to this sign. Note that on the close up it says 5 mins to pay. We have already used up that five minutes diving in as getting the family out. Plus 'contract' would take more than 5 mins to read! And then after that the machine itself is complicated to use. None of this can be done in 5 mins. Also, my husband has to get change as we have just realized we are in a paying carpark. Note also that the sign is facing away from the entry point so how are we to know the 'contract' and the 5 min rule as we drive in?
This carpark has been set up as a trap.
So how best go from here? Do I accept mediation or should I take them to court? Do I have a good case? I paid £26 ticket down there and missed a days work £100. Please see rest of photos in two posts below. Thank you.

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