Parking eye- letter before county court claim

[SusanF]

I received a letter on 16th August saying I had stayed over the 2 hour limit in a local supermarket carpark by 43 minutes and as such I should pay £85 within 14 days. I ignored this as my son had received a similar thing a couple of years ago and was advised to ignore it and hadn't paid. I then received a second letter on 25th August saying the amount of £85 was now due. I again agnored it! On the 19th September I received a letter stating that as I had'nt paid "The requirements of the Protection of Freedoms Act required for keeper liability had now been satisfied" and that "in accordance with schedule 4 Parking Eye now has the right to recover any unpaid part of the Parking charge". I again ignored it because various forums suggested it was not enforceable. I have now received a "LETTER BEFORE COUNTY COURT CLAIM" which says I am in breach of the terms and conditions at Morrisons, Clevedon. The charge is therefore levied for breac of contract, because Schedule 4 of the Protection of Freedoms Act 2012 required for Keeper Liability had been satisfied. I AM NOW PANICING LIKE MAD CAN YOU PLEASE HELP, SHOULD I PAY, Very Many thanks for any advise you can offer xx

[Tools]

Re: Parking eye- letter before county court claim

I'm not savvy re parking but I have moved your post into the best place so it may get you some answers.

[mystery1]

Re: Parking eye- letter before county court claim

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 in 3JD05448 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

[Tools]

Re: Parking eye- letter before county court claim

Cheers M1

[SusanF]

Re: Parking eye- letter before county court claim

Thank you so much for your help, I will copy the letter out and send it. I will let you know what happens. It is a free Car Park for 2 hours so don;t see how they get to an enormous amount like £85. If it was £10 or £20 I would have paid, but the sheer greed makes me cross. The signs are about 6 feet off the ground and about 18 inches square after you have entered the car park on the next available lamp post!! So not obvious at all. Thanks again for your help I am extremely grateful.

[SusanF]

Re: Parking eye- letter before county court claim

Morning Mystery1, I need your help again please. I sent the letter off as suggested and this morning I have received official looking papers which made my heart jump. On closer inspection it says "In the COUNTY COURT BUSINESS CENTRE" Claim No. A7FC739H County Court Business Centre, 4th floor St. Katherines House, 21-27 St Katherines Street, Northampton, NN1 2LH. It says claimant is Parkingeye etc my name and address as claimant and Particulars of claim are "Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge issued 16.8.14 for parking on private land in breach of the terms and conditions(the contract) Parking eye automated number plate recognition system, monitoring Morrisons, Clevedon, The Triangle Centre, Clevedon BS21 HX captured vehicle **** *** entering and leaving the car park, overstaying the maximum stay time. The signage, clearly displayed at the entrance to and throughout the car park states that this is private land, is managedby Parking eye Ltd and is a max staysitr along with other T&C's by which thisewho park on the site agree to be bound. In accordance with the T+C's set out in the signage, the parking charge became payable. Notice under the Protection of Freedoms act 2012 has been given under Sch 4 making the keeper liable. This claim is in reference to Parking Charge(s) 191297/125898. The paper work has a typed signature Rachel Ledson (claimants solicitor) theyare now claiming £85 fee, court fee £25, soliicitors costs £50, total £160.00. Also attached are a further 3 pages to fill out. What should I do next please, should I pay up or stick to my guns as to being an unfair amount? xx

[mystery1]

Re: Parking eye- letter before county court claim

Do you have any previous letters and/or pictures of the signs ?

M1

[SusanF]

Re: Parking eye- letter before county court claim

I had 2 letters from them dated 16th and 25th aug demanding £85 which I ignored because my son had received notices from them before at a different site and ignored and heard nothing!! I then had a third letter dated 19th september, I then received the letter before court claim on 4th October. Thank you for replying xx

[mystery1]

Re: Parking eye- letter before county court claim

I was actually asking to see them

M1

[SusanF]

Re: Parking eye- letter before county court claim

So sorry, I will have to wait for my son to get home to send them to you, I am a total numpty. I will get him to scan them and send them to you. Is there a way of sending them privately on here? x

[Kati]

Re: Parking eye- letter before county court claim

So sorry, I will have to wait for my son to get home to send them to you, I am a total numpty. I will get him to scan them and send them to you. Is there a way of sending them privately on here? x

You could post them up on here if you take out any identifying features :tinysmile_twink_t2:

[SusanF]

Re: Parking eye- letter before county court claim

Dear Mystery 1, Herewith copies of all the correspondence I have received and sent to them.

[SusanF]

Re: Parking eye- letter before county court claim

I was actually asking to see them

M1

I downloaded all the letters for you last night, hope it helps. Many thanks x

[mystery1]

Re: Parking eye- letter before county court claim

Thanks. Will get to it soon.

M1

[mystery1]

Re: Parking eye- letter before county court claim

Not forgotten. Waiting to see what happens today http://www.legalbeagles.info/forums/...e-county-claim and also someone with a different company has had a default judgement which requires action today where as you have 2/3 weeks.

M1