Parking Eye - Before County Court Claim

[nrixon2014]

Thank you for reading my post - any advice would be much appreciated.

I have recieved a letter from Parking Eye stating 'letter before county court claim' on the 04/09/2014 relating to a parking charge/penalty which was incured on the 11/07/2014.

The parking was at a local group of shops including a small ASDA store. The parking was allowed for 1 hour and 30 minites. I reguarly use this car park but failed to ever notice that this restriction was in place.

I was at the car par for just over 1 hour 50minites and was sent a letter showing a picture of my car entering and leaving.

I read up online and found the general advice was to ignore such letters and that the charge was un-enforcable. I have later found out that this advice is outdated and there is a now process in order to figth such events.

I know really do not know what to do as time scales seem to be against me.

As to now I have not contacted Parking eye at all. I have not informed them of the driver. The driver was myself and I am also the registered keeper.

Any advice would be really helpful as to my next steps and what I should now do?

Thanks again

[ostell]

Re: Parking Eye - Before County Court Claim

Go back to ASDA (at a busy time) and ask for the manager, not the service desk, and complain bitterly and demand that they cancel the charge.
Write to PE and say that there was no loss, the signs were not clear and they do not have the authority. You can try asking for a POPLA code

Others will add to this

[des8]

Re: Parking Eye - Before County Court Claim

Hi and welcome.
You're out of time for appealing to PE but I would do it anyway.
Write and appeal to PE y, explaining you did not see the signs, and "In any event your charges are penal and not a genuine pre estimate of loss."and in the event they do not accept your appeal please supply a POPLA code
They will turn this down but if it gets to court stage the court can order it referred back to POPLA.
If by chance you get a PoPla number use the appeal template (modified to suit )http://www.legalbeagles.info/forums/...-Appeal-Let
If you get court papers do not ignore. Acknowledge and come back for advice.

[nrixon2014]

Re: Parking Eye - Before County Court Claim

Thank you for your advice,

At what point am I at the end of the road and should just pay up? Is this when I get court papers?

I'm just worried I dont want to end up with a CCJ or anything to that effect.

[mystery1]

Re: Parking Eye - Before County Court Claim

Hassle Asda and if you have proof of purchase even better.

http://www.legalbeagles.info/forums/...ht=#post432983 shows how to respond to a letter before action as well and i'd add about the driver being a customer and enclose a copy of proof of purchase.

M1

[nrixon2014]

Re: Parking Eye - Before County Court Claim

Hi, I spoke to ASDA and they basically told me it's nothing to do with them.....none of them seem to have any idea what I was even talking about unfortionatly and I dont have proof of purchase as I would have thrown this away.

I have until the 18th of Sep to respond to them. Is they best thing to do is to at least call them and let them know I was the driver?

[mystery1]

Re: Parking Eye - Before County Court Claim

No. They have hoops to go through to win in court via the registered keeper that they don't need to do if they know who the driver is.

Something like the letter below, edited to suit, should slow them down but normally when they go this far you will be going to court. Responding to a letter before action is part of the pre action protocols though and should protect you against unreasonable behaviour.

Dear Parking Eye,

I received your letter headed xxxxx on xxxx the contents of which are noted. It would appear that this is a letter before action although it is not compliant with the pre action protocols.

The pre action protocols dictate that in a letter before action the claimant should set out the details of the matter in writing and a clear summary of the facts on which the claim is based.

The claimant should also list the essential documents on which the claimant intends to rely,set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this and refer the defendant to the Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction.

I would suggest that popla is an appropriate method of of ADR as they are the specialist body who only holding private parking appeals. It is also the same ADR as was referred to by judges in3JD05448 ParkingEye v Gilmartin, 3JD00719 ParkingEye v Mr O, 3JD10502 ParkingEye v Mrs P, Blackburn County Court for example

Obviously you may not know exactly what documents you will require to rely on at this time however, as claimant, it is your duty to prove your claim. As such there are certain documents that you will have to produce such as the contract you say that has been entered into between yourself and the driver, copies of your contract with the land holder which allows you to take legal action in your own name as well as the original parking charge notice. I note that in the cases of Gardam, Sharma, Clarke and Gosnold amongst others there were issues with these.


If financial loss is claimed, an explanation of how the amount has been calculated.


I would point you to the supreme court case of Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34 (13 July 2011)


Lord Kerr stated "As I have observed in the associated case of Tariq v Home Office [2011] UKSC 35, the right to know and effectively challenge the opposing case has long been recognised by the common law as a fundamental feature of the judicial process. I referred in my judgment in that case to various celebrated expressions of that principle and I need not repeat them here. The right to be informed of the case made against you is not merely a feature of the adversarial system of trial, it is an elementary and essential prerequisite of fairness. Without it, as Upjohn LJ put it in In re K (Infants) [1963] Ch 381, a trial between opposing parties cannot lay claim to the marque of judicial proceedings."


I firmly believe that your normal modus operandi to refuse to disclose contracts due to commercial sensitivity is contrary to natural justice. I will an objection to any attempt to introduce it in a redacted form on this basis. It is quite clearly a required piece of evidence. You know you need it to make your case The pre action protocols dictate that you should give me a copy. The over riding objective dictates you should give me a copy. Should you not produce a copy for me i will certainly be making a case that your actions be unreasonable and seeking full costs of trial should i win citing both the pre action protocols and CPR 27.14 2 (g).

Please take this response as an acknowledgement of your LBA to which a full response will be provided within 14 days of rectification of the flaws in your letter. I am taking advice from persons with experience in these matters however that advice is limited until compliance with the above faults is achieved.


Yours etc

M1