PARKINGeye wrong address at county court claim stage

[charitynjw]

Hi

Thankyouthankyouthankyou!

Exactly the excuse? reason? I've been searching for!

"Sorry dear, it's vitally important for me to source the evidence needed to prove my case. Don't worry about me, I'll grab a quick sandwich & a drink while I'm out......."

Being serious, of course you have the right to ask for disclosure of evidence obtainable via the P&D machine.
Have you SAR'd PE for it?

& I reckon there's a good argument re the confusing/rubbish site signage.

Do you have a clearer pic of the tariff board located behind the P&D machine?

(If not, it may necessitate another *emergency* trip there. Sorry about that.....dirty work, I know, but somebody's got to do it!)

[Happygoodman]

No, and to be honest I have just noticed it. As you can see it is facing the wrong way like the 5min notice warning. I have also a film of what you see when you enter the site and its very poor.
okay, I can go back there on the 1st of April and get a picture of the tariff board. In the meanwhile, I have to send back the form by the 25th March. Shall I mediate with them or ignore any attempt to mediate and go straight to court. Do I have a case here?
also, at this late stage, what is the process of obtaining evidence that we paid from the machine? What does sar'd mean and how do I do it? I have just a mediation form her Please feel free to patronize! Apologies for my lack of nouse!

[Happygoodman]

I've been online. I take it then that I should write to Park Eye today with a £10 cheque and request a SARS.

[charitynjw]

https://legalbeagles.info/library/gu...ccess-request/

& if you need more time (ie it takes up to 30 days for a SAR response), let us know.

[charitynjw]

I've been online. I take it then that I should write to Park Eye today with a £10 cheque and request a SARS.

Now free of charge for SAR.

[Happygoodman]

Just one more thing, in the meantime, I have to submit my mediation form-directions questionnaire by the 25th march.
what s best? Mediate with them or refuse and go to court.....u have seen the photos, u know best!

[charitynjw]

Just one more thing, in the meantime, I have to submit my mediation form-directions questionnaire by the 25th march.
what s best? Mediate with them or refuse and go to court.....u have seen the photos, u know best!

I'd always (well, nearly always) say yes to mediation, esp as it's FOC via Small Claims.

It's often via 'phone, is privileged (can't be used in court, normally) & one of the questions you should be asked is "Do you have all the necessary (disclosure) documentation, etc."
If no, then it probably isn't suitable for mediation.
But if asked...."I tried, honest, M'Lud..........."

[Happygoodman]

Gotcha, but is it okay going to mediation demanding zero payment to PE and asking that they pay me MY expenses (train fare/loss of work) as my partner did pay the parking charge? Any good legal language you can pass on to a poor layman such as myself regarding this?
And on a time scale, will PE have come back.with SAR by the time I get the mediation call? I emailed a request earlier. Mediation form in by 25th March.

[charitynjw]

Gotcha, but is it okay going to mediation demanding zero payment to PE and asking that they pay me MY expenses (train fare/loss of work) as my partner did pay the parking charge? Any good legal language you can pass on to a poor layman such as myself regarding this?
And on a time scale, will PE have come back.with SAR by the time I get the mediation call? I emailed a request earlier. Mediation form in by 25th March.

You can negotiate whatever you feel is right!
If they've put you to time & trouble......turn the tables on the ba...er, blighters!

& if they haven't 'got their fingers out' before mediation, that's shame on them!

[Happygoodman]

Okay. The delightful PE have returned my SAR email and they say they have no record of us paying. We did pay! Both myself and my 10 year remember clearly as hus had to get change. It was about £8. What now?

[charitynjw]

Ok, they are saying (I think) that the machine log does not show an £8 payment made at the time in question.

So make them prove it.

As the case hasn't been allocated yet, you can (if you're quick) use CPR 31.
So, ask for an unredacted copy of the machine log for that day (or narrow it down a bit, timewise....say an hour before & after the payment was made. )

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention by inference in your statement of case.

I require you to disclose an unredacted copy of the relevant P&D machine showing payments made on [date] (between the hours of [xxx] &[yyy])

As this records cash payments, revealing 3rd party personal data should not be an issue.
If 3rd party data is recorded, you may redact same.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial.

Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.

Yours sincerely

Your Name

----------------------------------------------------------------------------------------------------

Keepa copy & get proof of posting

[Happygoodman]

Would there not be CCTV of my husband walking over and standing by the machine as that was where they photographed the car. If so, how do I get it?

[charitynjw]

If there is CCTV, who 'owns' it?
& for what purpose?
Normally it's for crime prevention.
Private parking contraventions are not criminal offences, they are civil.....breach of contract.

[Happygoodman]

Parking Eye took photo of car coming in by ticket machine which they used as evidence early on though just realising bully techniques as its not really evidence we stayed.
Anyway,- would they have one of husband there paying?
Sent CPR 31 letter this morning recorded delivery.

[charitynjw]

Parking Eye took photo of car coming in by ticket machine which they used as evidence early on though just realising bully techniques as its not really evidence we stayed.
Anyway,- would they have one of husband there paying?
Sent CPR 31 letter this morning recorded delivery.

Manual photo, or ANPR?