PARKINGeye wrong address at county court claim stage

[Happygoodman]

Rung pub and its ANPR. They have no cameras at back
The ticket machine was facing the tunnel (see pic)and thus darkened by it considerably, so that combined with the poor signage and the sign by the machine that gives you just 5 mins to pay when you have already lost 5 mins or so finding a space and realising you are actually in.a carpark and need, change, puts untold pressure on the person putting the car reg in so you are very likely to make a mistake. An astronaut couldn't do it.
I know I am waiting on the letter but this is my line of argument. The contract was unclear and unrealistic to human endeavour.

[charitynjw]

Rung pub and its ANPR. They have no cameras at back
The ticket machine was facing the tunnel (see pic)and thus darkened by it considerably, so that combined with the poor signage and the sign by the machine that gives you just 5 mins to pay when you have already lost 5 mins or so finding a space and realising you are actually in.a carpark and need, change, puts untold pressure on the person putting the car reg in so you are very likely to make a mistake. An astronaut couldn't do it.
I know I am waiting on the letter but this is my line of argument. The contract was unclear and unrealistic to human endeavour.

Ok

So one limb of your argument is by virtue of Consumer Rights Act 2015 s68. (Unfair terms - legible)

http://www.legislation.gov.uk/ukpga/...ion/68/enacted

[Happygoodman]

Another 'limb' (I'm hoping) is that once you have driven through the tunnel, IT IS VERY DIFFICULT TO TURN AROUND as there is little room. And once you've noticed the shoddy signage, it is too late anyway. We were effectively forced into an unclear contract then having to follow a procedure within in a ridiculous time limit.

[charitynjw]

Yep, especially as you have pics.

If the case goes further, you can take video footage of actually attempting the maneouvre.

Dash cams are useful.

[Happygoodman]

If it goes to court, will I be able to present my defence using powerpoint, video and photographs?

[charitynjw]

Blimey!

Well. HMCTS are patting themselves on the back at the mo for moving into 21st century ICT.....they've just completed their first Online Court, where it is heard via Skype or somesuch.

You could contact your local court to see if they can accommodate. (A general query, as your case isn't allocated yet, is it?)

[Happygoodman]

Goody! Will contact them!

[Happygoodman]

Hello! Okay, the plot thickens. Today I received an email from PE now saying that they HAVE found the details in the machine and we DID pay £8 for 4 hours on 24th August and the parking charge was issued on the 30th. Odd this arrives this afternoon, the next day I send the letter above recorded de. Question: the CC Claim Form, 'particulars of claim' state that I was in 'breach of contract' for 'parking without a valid parking ticket.' No mention was made of us breaking their laughable pay within 5 minute rule. Are they able to hold this back for trial (break 5 min rule) or do they HAVE to adhere to what they claim in the 'particulars of claim' which is '(no)valid parking ticket)?

[charitynjw]

Makes a mockery of 13.2 of their AOS Code of Practice as well

[Happygoodman]

Agreed. Shows that they're typical bullies- weak and chaotic foundations. At mediation I will ask for compensation for money I have lost, then see what happens. Will get back in due course. Your help has been invaluable. Thank you.

[Happygoodman]

Hi CharityNJW, I have now received email to book mediation. The problem I have is that the courts say that in order to mediate you must be prepared to compromise or the mediation will be terminated. Should I still continue as I can't compromise now that PrkEye have found that I did pay for parking (not sure that they passed this info to Parkeye legal department as why they bothering with mediation?).

[charitynjw]

Hi CharityNJW, I have now received email to book mediation. The problem I have is that the courts say that in order to mediate you must be prepared to compromise or the mediation will be terminated. Should I still continue as I can't compromise now that PrkEye have found that I did pay for parking (not sure that they passed this info to Parkeye legal department as why they bothering with mediation?).

Not so.
Mediation is a 'without prejudice' process, whereby you can ask for whatever you like.
The details of the negotiations will not be brought up in court. (Except in very limited circunmstances.)
If it were me I'd calculate (generously) how much time has been wasted due to their incompetence (the going rate is £19/hr) & hit them hard in mediation.

When is it booked for?

[Happygoodman]

Thank you. Booking on Monday as just back from break. One quick question that worries me a bit: Legally do Parkeye HAVE to stick to their claim on claim form which stated that we 'failed to pay parking charge' or are they able to deviate or add to this claim (with perhaps that we paid beyond 10 min grace period which we did)? I have rung the CC about this and they think not but I thought I'd check with a professional! It's just so I'm well prepared.

[charitynjw]

Thank you. Booking on Monday as just back from break. One quick question that worries me a bit: Legally do Parkeye HAVE to stick to their claim on claim form which stated that we 'failed to pay parking charge' or are they able to deviate or add to this claim (with perhaps that we paid beyond 10 min grace period which we did)? I have rung the CC about this and they think not but I thought I'd check with a professional! It's just so I'm well prepared.

Lol, imho I reckon you're overthinking things.
The initial 10 mins grace is for the driver to park, read & 'digest' the contents of the sign, & to decide whether or not to accept the conditions.
If he/she decides to stay parked, I don't know of any term or condition which states that payment must be made within that 10 mins.
I would argue that as long as it is paid before exiting (within any permitted or paid-for period), imho it should be ok.

[Happygoodman]

Thank you. Will get back to let you know the outcome of mediation.
I'll just go and tot up every £19 per hour they owe me!