Parking Eye

[des8]

Re: Parking Eye

Yes.circumstances are different as this is the court form.
Sorry I jumped too quickly and it didn't register with me that you'd gone this far down the system.
Follow M's advice which will be to acknowledge the court claim form, as that gives you more time to write a defence, and post up a redacted copy of the claim form so you get a targeted defence.
But do follow M's advice.. it is very good.
I was in court yesterday with one of M's and PE's solicitor reckoned it was the most detailed defences she'd seen for a parking case. (The case was postponed or stayed awaiting the result of a decisive judgement in another court)

[bluebottle]

Re: Parking Eye

The position of retailers, retail park owners and others who use PPCs is that the PPC is an agent and the retailer, retail park owner or whoever owns a car park carries ultimate legal responsibility for their actions whilst operating on the land. However, what can sometime happen is that a retailer or retail park owner does not own the land a retail development stands on, but leases it on a long leasehold of, say, 99 or 125 years, paying ground rent to the freeholder of the land. It is not as cut and dry as PPC would like motorists and courts to think. Do your research. It could pay dividends in the long-run.

[mystery1]

Re: Parking Eye

As Des says, file acknowledgement of service which means you have 33 days total from the date of the claim form to enter a defence.

Then i would take the claim form along with as much proof of purchase as you can muster (receipts bank statements etc) and go see the manager and explain how disappointed you are blah blah blah. Ultimately, but not initially, you'll want to tell them that you'll not be back unless they help. You need confirmation in writing if they're helping and until you have finality you need to proceed like it'll go to court. If you get to the 25th day from the claim form post again and if i don't reply within a few hours pm me as i'll probably be working.

M1

[grant007]

Re: Parking Eye

M1[/QUOTE]

Yes.circumstances are different as this is the court form.
Sorry I jumped too quickly and it didn't register with me that you'd gone this far down the system.
Follow M's advice which will be to acknowledge the court claim form, as that gives you more time to write a defence, and post up a redacted copy of the claim form so you get a targeted defence.
But do follow M's advice.. it is very good.
I was in court yesterday with one of M's and PE's solicitor reckoned it was the most detailed defences she'd seen for a parking case. (The case was postponed or stayed awaiting the result of a decisive judgement in another court)

The position of retailers, retail park owners and others who use PPCs is that the PPC is an agent and the retailer, retail park owner or whoever owns a car park carries ultimate legal responsibility for their actions whilst operating on the land. However, what can sometime happen is that a retailer or retail park owner does not own the land a retail development stands on, but leases it on a long leasehold of, say, 99 or 125 years, paying ground rent to the freeholder of the land. It is not as cut and dry as PPC would like motorists and courts to think. Do your research. It could pay dividends in the long-run.

As Des says, file acknowledgement of service which means you have 33 days total from the date of the claim form to enter a defence.

Then i would take the claim form along with as much proof of purchase as you can muster (receipts bank statements etc) and go see the manager and explain how disappointed you are blah blah blah. Ultimately, but not initially, you'll want to tell them that you'll not be back unless they help. You need confirmation in writing if they're helping and until you have finality you need to proceed like it'll go to court. If you get to the 25th day from the claim form post again and if i don't reply within a few hours pm me as i'll probably be working.

M1

Thank you all again, I have just spoken the manager of Morrisions albeit on the phone, I quickly calculated an average spend over the last 15years as my wife shops in 3 different branches of Morrisions and the sum would be around £108,000, I cant say the manger sounded over helpful but a we are going with the receipt for the £100 shop there that day and will all the bank statements and see how we get on.
He did say that there was planning consent for the cameras and the car park is owned by morrisons and franchised to P.E
It seems that the other carparks in Morrisons are 3hrs limits and that is what my wife thought this branch was too, but the carpark my wife overstayed in was a 2 hr limit, I have just said the manager that we over stayed by 26mins but because of this time limit it now seems we over stayed by 1 hrs 26mins so straight away he is going to think I am a Porky Pie'r, .
He did comments saying the system was all above board with regards to planning consents

[grant007]

Re: Parking Eye

Hi All, I am still a tad confused, if this is private land then there is no law broken, the bill/ letter's/invoice's are merly an invoice are they not?
So in the county court which is where I believe they may go even If I acknowledge the claim form N1 and they decide to go to County court the I guess I have to fill in the form N1 rather than just acknowledge it do I, what is the norm with the PE will they go to county court? is that what the N1 is or is it a bogus threat?
If they do want to go to the county court what is a good thing to say on the form to not have to pay this amount owed please, I dont know what to write on the form?
Can you get a county court Judgment from this if it all goes againts you then?
My wife and daugter are saying to me that is just easier to call them and pay the original amount if they accept as my daugter cannot get away from work to go to the County court but I dont want to fuel these scammers but I guess thats why eveyone just does to save all the grief

[bluebottle]

Re: Parking Eye

I would still check with the local planning authority that planning permission exists for the ANPR/CCTV. Don't take what a retail manager says as gospel. In my experience, some I have come across think they can lie with impunity and do what they like as they believe the police will back them whatever. If only. Make sure you check with the planning authority. What they tell you could prove to be important evidence.

[mystery1]

Re: Parking Eye

if this is private land then there is no law broken, the bill/ letter's/invoice's are merly an invoice are they not?

Near enough correct.

They are going and will go to court.

There is a free guide to the legal arguments http://www.parking-prankster.com/court-claim.html . The guide to the court process is about £3 which may help but isn't required.

Some cases where Parking Eye lost http://www.parking-prankster.com/court-cases.html

http://www.parking-prankster.com/how...this-site.html


Now, there is a "test case" in Cambridge which has already been held. Results due in 2-4 weeks.

http://parking-prankster.blogspot.co...g-session.html

http://parking-prankster.blogspot.co...n-session.html

If i was minded to pay i'd be stretching out until that case is ruled on because if it goes against them the hard work is done and they may start dropping them.



As for a ccj http://www.parkingcowboys.co.uk/credit-rating/

M1

[grant007]

Re: Parking Eye

I would still check with the local planning authority that planning permission exists for the ANPR/CCTV. Don't take what a retail manager says as gospel. In my experience, some I have come across think they can lie with impunity and do what they like as they believe the police will back them whatever. If only. Make sure you check with the planning authority. What they tell you could prove to be important evidence.

Hi Bluebottle I will be checking yes thank you, 1st thing tomorrow morning, obviously being the weekend I couldnt, being so wanting to catch them out with this advice I did some googleing about this, it appears people used to park out of hours in this car park and so I found something that seems to be that they got planning for CCTV becuase of the out of hours parking to try and control this matter, but as far as I could see there was no mention of ANPR consent, but I will confirm this tomorrow:tinysmile_twink_t2:
Thank you again for this:tinysmile_twink_t2:

[grant007]

Re: Parking Eye

Near enough correct.

They are going and will go to court.

There is a free guide to the legal arguments http://www.parking-prankster.com/court-claim.html . The guide to the court process is about £3 which may help but isn't required.

Some cases where Parking Eye lost http://www.parking-prankster.com/court-cases.html

http://www.parking-prankster.com/how...this-site.html


Now, there is a "test case" in Cambridge which has already been held. Results due in 2-4 weeks.

http://parking-prankster.blogspot.co...g-session.html

http://parking-prankster.blogspot.co...n-session.html

If i was minded to pay i'd be stretching out until that case is ruled on because if it goes against them the hard work is done and they may start dropping them.



As for a ccj http://www.parkingcowboys.co.uk/credit-rating/

M1

Many thanks M1 I have been reading :tinysmile_twink_t2:
I will try the landowner check and AMPR consent check tomorrow :tinysmile_twink_t2:
Thanks again sport:tinysmile_twink_t2:

[grant007]

Re: Parking Eye

Hi Chaps, well I had a bit of busy day today, but I managed to calll the planning office, sadly the duty planning dept shuts at 2pm so I will try again tomorrow, but I did speak with a helpful person who did say that Morrisons have never made any application for CCTV or ANPR camera's, but also added that maybe they dont need it for them maybe you may know otherwise? when I came off of the phone I thought ahhh but maybe P>E may have, I am sure he was correct as he checked right back to when it used to be Sainsbury's but I wasnt confident enough and wanted to try the Planning Dept for a definate answer and will also ask about P.E and Planning too, so I shall report back tomorrow, but with that news I did feel quite chuffed if it is correct:tinysmile_twink_t2:
I'l be back tomorrow with more definitive news chaps :tinysmile_twink_t2:
Thank you as always:tinysmile_twink_t2:
Grant

[grant007]

Re: Parking Eye

Sorry double post

[grant007]

Re: Parking Eye

Well after many tooing and throwing and a spend of between 100k -150k with the 3 various branches of Morrisons over the last 15years, and letter that sent to the CEO of Morrisons that didnt actually get passed the Customers service's I have been sent this reply which to be honest I am outraged about and I dont think I will be letting this lay at this point with Morrison's >>>

Further to our previous correspondence, please accept my apologies for the length of time it has taken to reply to your complaint, however, the nature of the issue has required some enquiries to be made, which have led to the delay.

My colleague, who deals with such matters as parking charge notices, has now completed their investigation and has advised that regrettably we are unable to assist. Parking Eye have advised that four pieces of correspondence were sent out to you before the Court form was sent and no appeal was received. If you had contacted us straightaway when receiving the first letter, we would have been able to assist.

I know that you will be disappointed with this outcome, but unfortunately there is nothing further that I can do.

Thank you once again for contacting us.

It does also appear that there has never been any planning consent for ANPR cameras in this branch, but if it is over 4 yrs then they wouldnt need to be any now but I think it is still under 4 years, it seems that the cameras starting working in Oct 2010, but it is proving difficult to get to the botton of it with the slow process's of the Councils , but they are saying there is no record of Planning consent:tinysmile_aha_t:

[mystery1]

Re: Parking Eye

Ok, first things first, what is the date on the claim form ? Did you file AoS ? Do you need a hand with a defence ?


Secondly, https://www.facebook.com/Morrisons https://twitter.com/Morrisons make it public and thirdly shop at Sainsburys, local shops or online.

M1

[grant007]

Re: Parking Eye

Hi M1, thank you for your response:tinysmile_twink_t2:
Yes the last date for Acknologment of N1 form was 6/05 and I did make that and filed the Acknolegment on the 5/05 this week with MCOL or whatever it was to say I have acknoledged the form and will defend but that was all I have done I did put in any defence as of yet, I believe if I am correct that I have untill 20/05 to do this, and yes I would be so greatful for any type of help, I did also buy and start to read the Pranketers guide but I did a little lost, I read upto page 22 I think it was, I am still awaiting the conformation in writing from the council about the planning permission but 3 people have looked into it and cannot see any applicationss ever made.
They did try to say but if 4 years has passed then they wouldnt need it anymore, but I found a psoting saying cameras will be live at this store on oct 2010, I knwo the council will get back to me as I have spoken to them and I sent the email again while they were on the phone and they acknolodged it there and then and said they would deal with it and look into it for me, that was yesterday.
Thank you again for asking if I need help as I feel I do M1:tinysmile_twink_t2:
Grant

[mystery1]

Re: Parking Eye

Contact parking eye and ask if they will agree an extension to the period for filing your defence pursuant to cpr 15.5 to allow digestion of the Cambridge case. The 28 day day extension allowed for would allow until mid June. They may or may not agree.


http://www.justice.gov.uk/courts/pro...es/part15#15.5

Agreement extending the period for filing a defence
15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

M1