Preparing defence for PE county court claim

[Taipan]

Hello legalBEAGLES,

I am in a similar situation to many others where I overstayed parking at a ParkingEye-managed car park, and unfortunately have now received County Court papers. Because of my personal circumstances, I had to have my letters directed to my parent's house, which I infrequently visit. So when I did, I had a stack of demands for payment, a 'letter before county court claim', and the court papers.

I have read a lot of threads on PePiPoo, Moneysavingexpert, and on this forum, and have bought and skimmed through the Parking Prankster's guides, so I feel I'm reasonably clued up. I have filed my Acknowledgement of Service, declaring I intend to defend all of the claim, and following all my reading-up I have 2 weeks left to file my defence. Here I'm nervous because I feel overwhelmed with the legal jargon etc, and was wondering if I could get help from you all in writing my points of defence?

In particular, I wanted to ask about the issue date on the 'Particulars of Claim' - given as 20/02/2014, but I was actually there on 15/02/2014. Will this matter at all, or can this be a point to contest?

I have attached pictures of the letters I currently have (apologies for the poor quality - I don't have a scanner with me), and also 2 pictures of the car park showing how poorly lit the T&C sign is when you arrive, and how empty the car park is (for loss of earnings contest).

Many thanks, in advance, for all your help.

[mystery1]

Re: Preparing defence for PE county court claim

The ticket wasn't issued on the date of the event. That's the admin delay.

Have you contacted the retailer/land owner ?

Is it possible to enter and park without seeing signs ?

Can you obtain the entrance signage pics closer so i can read them please?

M1

[Taipan]

Re: Preparing defence for PE county court claim

Hi M1, thank you for replying so quickly.

I have not contacted the retailer or the landowner yet - I thought it was too late for them to intercede, but I read on the Parking Prankster guide that it's not too late until the court date itself, so I will get in contact tomorrow morning. I (over)spent my time at the McDonald's restaurant at the retail park, but paid in cash with no receipt, so I unfortunately don't have any evidence. But I'll see if they can intercede. I also found out from the PePiPoo forums that the retail park is owned by British Airways Pension Trustees Ltd, so I will send them a letter too.

From the entrance to where I parked there are 3 signs. It was dark and 2 of the signs (the main one I photographed above and one by the parking bays in the other photo) are not lit. A third smaller one as you drive in is lit, but I did not see it. It is not nearly as noticeable as the others, but it is there. I have attached a photo taken from the entrance showing the unlit sign (left) and the smaller lit one (right).

I have attached a close-up shot of the entrance sign as well as close up of the T&Cs from a different sign. Sorry it's in 3 different photos - I didn't have the presence of mind to turn my phone sideways...