Parking Eye Court Claims £175 x 2 - Urgent Help Needed

[gmprasad_us]

Hi,


I parked my car in a private pay and display car park with a paid ticket for 12 hours. The car park is close to the railway station and I use it to park my car as I travel by train to London daily. On the day of the incident, I had some minor delays with train connections in the evening and I overstayed by 20 minutes. I got an initial letter stating that I overstayed by 20+ minutes and I was asked to pay £60 first and then £100 as I ignored the initial letters based on advice from some online forums. I now have got this court claim latter claiming £175. Unfortunately, I have 2 claims like this (both overstaying 20+ minutes upon a paid 12 hour ticket) both owing to some minor delays with my train connections which is difficult to prove.


The total amount claimed for both separate incidents is too huge (£350) which I think is unjust. I am not sure how to go about defending this. I have a couple of days left to do one of the following
i) Accept the claim and pay in full
ii)Accept partial liability and make part payment
ii) Defend the same


Please could I request the experts in this forum to guide me with my defence? Any help with this would be greatly appreciated.


Thanks
Mo

[des8]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

Hi and welcome.

The advice to ignore is now well out of date.


What you must do now is to acknowledge the claims, and indicate you will be defending in full.
That gives you extra time in which to get the full defence organised with help from this site, which will be forthcoming.

[gmprasad_us]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

Hi des8,

Thanks for the swift response. I will go ahead and buy that extra time as advised and keep the forum informed about the progress.

Thanks
Mo

[mystery1]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

http://www.parking-prankster.com/court-claim.html

http://www.parking-prankster.com/sample-defence.html

Now what you need to do is to read these and make any points which are non standard such as unreadable signs, areas where you can go without seeing a sign etc etc and then combine a standard defence plus the extra points too.

You would also be best to include in your defence and in a letter to the court that it's best to wait on the Beavis appeal. http://parking-prankster.blogspot.co...urt-cases.html

Pictures of signs and letters would help. The more information the better.

As already stated file acknowledgement of service. This gives you 14 extra days to act and a total of 33 days from the date of the claim form.

M1

[gmprasad_us]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

Hi M1,

Thanks very much for the advise. I will go through the links provided and prepare the defence accordingly meanwhile filing the acknowledgement of service.

Thanks
Mo

[gmprasad_us]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

Hi,

I have filed the acknowledgement of service and was preparing the defence, but I am a bit confused with the sequence of events and also the options available to me at this point. I have seen in some forums about the option to request for a POPLA code so I can use that as an alternate dispute resolution medium. But how do I do it. Do I have to file an initial defence and then request for a POPLA code or do I have to do it before I send the defence to court. Please could any of you clarify?

Any replies would be much appreciated.

Thanks
Mo

[mystery1]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

http://www.parking-prankster.com/popla-referrals.html

Basically you just ask the court to stay the claim citing those cases and the fact it is the most appropriate form of alternative dispute resolution and that adr is part of the over riding objective which asks that both parties save expense and deal with issues proportionately. http://www.justice.gov.uk/courts/pro...l/rules/part01 also note 1.4 e.

M1

[gmprasad_us]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

Hi M1,

Thanks for your continued support. Much appreciated.

So to ask the court to stay the claim, do I have to still file a defence and then let them know that I am willing to use POPLA for ADR?

Do I need to get in touch with Parking Eye at all to use POPLA or is it all done through the court as part of my defence? Please could you clarify?

Regards
Mo

http://www.parking-prankster.com/popla-referrals.html

Basically you just ask the court to stay the claim citing those cases and the fact it is the most appropriate form of alternative dispute resolution and that adr is part of the over riding objective which asks that both parties save expense and deal with issues proportionately. http://www.justice.gov.uk/courts/pro...l/rules/part01 also note 1.4 e.

M1

[mystery1]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

When your defence is in you'll get an allocation questionnaire form n180 add a letter of request with that. The court will then order PE to supply a popla code. (hopefully)

M1

[gmprasad_us]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

Hi M1,

I have prepared a defence (attached word document) based on some points from your reference and a sample defence from Parking Prankster website.

Please could you let me know if that is good enough for an initial defence? Your view on this would be very helpful.

Some useful information & queries specific to my case

• The reason I got the court claims issued was for overstaying by 20 minutes roughly both days on a 12 hour ticket owing to minor delays with my train and tube connections. Not sure if this needs a mention in the defence.
• I use the same Parking Eye car park for the last 4 months on a daily basis. I have almost all the ticket receipts with me. I am not sure if it is worth mentioning to see if this will attract any consideration from PE/ the Judges to drop the case or lower the penalty. Please comment.
• I have attached some pictures of the sign posts. The car park has at least 8-10 small sign posts which indicate the tariff and the penalty of £100, but does not state clearly what the penalty is for. Say for example, it mentions penalty without a valid ticket, but it does not say even for overstay by a few minutes the penalty applies. Please let me know if I need to mention this in my defence.
• From the pictures that I have uploaded, it can be seen that some signposts are not maintained properly (I mean the sign posts on the walls where the creeping vines hide most of the text. Please let me know if I can add a mention about this in my defence.
• I haven't added anything in my defence to suggest I want to use POPLA as a means of ADR. As you mentioned earlier, I am planning to attach a request along with my N180 form when I get it.

Thanks for all the support that you have been extending so far. Hope to hear from you soon.

Regards
Mo

When your defence is in you'll get an allocation questionnaire form n180 add a letter of request with that. The court will then order PE to supply a popla code. (hopefully)

M1

[gmprasad_us]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

added some more pictures...

[mystery1]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

I'll get to it soon

M1

[gmprasad_us]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

Hi M1,

I just realised today is the last day for my defence as I was staying out of my residence for the last week or so and forgot about this. Sorry its unfair to ask you to spend time on a week end, but a quick glance of my defence would be helpful (I just got the sample defence form Parking-Prankster emphasising on the genuine pre-estimate of loss clause).

Some hints related to the queries that I added would be helpful.

Regards
Mo

[mystery1]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

I'll look later. As today is the last day it becomes Monday as the court only works Mon-Fri.
M1

[mystery1]

Re: Parking Eye Court Claims £175 x 2 - Urgent Help Needed

After 3 i would add

4. The defendant paid £3 for parking on the date in question.

5. The defendant request that the court refer the matter to POPLA which is an independent appeals service which will save valuable court time and save expense for all concerned. DJ Major case no 3JD00719, is one of several instances where courts have ordered POPLA handle appeals to save time and money for all parties.

6.If the court does not order a POPLA hearing I therefore ask whether the court can use their discretionary case management powers to adjourn this case until after the appeal is held in Parking Eye v Beavis which is to happen in the court of appeal. This will save court resources and also the time and money of both myself and ParkingEye.


Other than that i think nothing else needs changed on the facts you've told me.

M1