Parking eye

[jamila0000]

Hi,

I have received claim form requesting a total of £175 (£100 being the amount claimed, £25 court fee, £50 solicitor's cost)

I used the car park when visiting a friend who lives nearby one evening and as it was quite late (11pm) and all the shops in the precinct were closed I assumed there would not be a problem parking there, (there were literally no other cars there and I didnt park in front of my friends house because there is a bus lane there, the car park seemed safer than the next street down which was quite dark and there is a history of thieves operating in that area). However I did not realise that the sign does in fact state the terms are enforced 24 hours a day. Parking is free however there is a max stay limit which I passed.

I have not contacted Parking Eye at all, I have received a couple of their letters sent via unrecorded post, one of which includes photos of the car, I have acknowledged the Claim online and have until the 25/11/14 to submit a defence.

The particulars of the claim are as follows:

Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, issue --/--/---. for parking on private land in breach of the terms and conditions (the contract).
ParkingEye's automated number plate recognition system, monitoring -----(the car park address)------, captured vehicle (plate number) ------- entering and leaving the car park, overstaying the max stay time. The signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by ParkingEye Ltd, and is a max stay site, along with other 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) ------/------

I don't believe the amount they are requesting is fair and I dont believe I have cost the businesses who operate there anything by using the car park out of business hours which is why Id like to avoid paying a charge. I have done some research online however I am not sure if I can use more than one defence? and what would be most suitable, it is quite daunting as I have never received a court order/claim before....any help in building a defence would be very much appreciated.

thank you

[mystery1]

Re: Parking Eye County Court Claim, Defence help required please

Well it is one defence but more than 1 point is allowed.

Have you checked the notices are PoFA compliant and checked the signs ?

Examples of defences http://www.parking-prankster.com/sample-defence.html http://www.legalbeagles.info/forums/...439#post491439

susanfdef.rtf

helpmepls1.rtf

If you post more info i'll take a look. I think i have 2 defences already outstanding.

Once a defence is sorted i always advise writing to the court to ask for a stay pending the court of appeal in Beavis. http://parking-prankster.blogspot.co...urt-cases.html

M1

[jamila0000]

Re: Parking Eye County Court Claim, Defence help required please

Thanks for the direction, I have read through quite a few threads but not been on the websites you've provided links of, I'll look into them now.

I havent checked if the notices are PofA compliant (I honestly dont know what that is, but I will look into it) but I did go back and check the sign which is when I noticed the 24 hour enforcement, I can provide photos of the sign later today if that would be helpful.

[mystery1]

Re: Parking Eye County Court Claim, Defence help required please

Certainly would.

PoFA is the law that allows them to chase the registered keeper. http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Some good reading http://www.parking-prankster.com/court-cases.html

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

M1

[jamila0000]

Re: Parking Eye County Court Claim, Defence help required please

thanks for that,

I'll use what you've provided to begin writing a defence and get some photos up of the signs later on for you.

[jamila0000]

Re: Parking Eye County Court Claim, Defence help required please

I have checked PofA law,

the two notices I received from ParkingEye i think tick all the boxes as a 'Notice to keeper' and 'Notice to driver' according to http://www.legislation.gov.uk/ukpga/...dule/4/enacted
technically there is this point which isnt completely satisfied for the notice to driver,

(f)

specify the time when the notice is given and the date

Although there is a date, the time isnt specified (however i dont know if thats relevant as it was posted unrecorded so they wouldnt know what time the notice is given, would they?)

[mystery1]

Re: Parking Eye County Court Claim, Defence help required please

There would be notice to driver for parking eye as they are anpr tickets (camera) rather than a ticket on the window. You need section 9 and 7&8 are of no relevance.

6 (1) The second condition is that the creditor (or a person acting for or on behalf of the creditor)—
(a) has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8; or<<<< Ticket on the window
(b) has given a notice to keeper in accordance with paragraph 9. <<< ticket via post



M1

[jamila0000]

Re: Parking Eye County Court Claim, Defence help required please

I see.

In that case their notice is in accordance with all the points in paragraph 9

[jamila0000]

Re: Parking Eye County Court Claim, Defence help required please

Hi,

So after looking through the info I think the only point I can add to the skeleton case for the free car park is that it was out of business hours when the shops were closed.

I went back to have another look at the sign, it doesnt actually say 24 hours, perhaps there is a point there I can build a defence on , the fact that it doesnt specify that the terms are enforced even when shops are closed?

[jamila0000]

Re: Parking Eye County Court Claim, Defence help required please

here is a photo of the sign,

(sorry about the lateness)

[mystery1]

Re: Parking Eye County Court Claim, Defence help required please

The small print, i can't read however i doubt it defines customer or site.

http://nebula.wsimg.com/903c36e138a6...&alloworigin=1

http://nebula.wsimg.com/4be974402948...&alloworigin=1

http://nebula.wsimg.com/7c6355efaf4d...&alloworigin=1

M1

[jamila0000]

Re: Parking eye

I returned and read the small print, it didnt define customer or site, I prepared and sent a defence based on the information you provided, thanks again for that.

I have received a 'Notice of Proposed Allocation to the Small Claims Track'

If I do not wish to attend court, should I complete the questionnaire?

[mystery1]

Re: Parking eye

I returned and read the small print, it didnt define customer or site, I prepared and sent a defence based on the information you provided, thanks again for that.

I have received a 'Notice of Proposed Allocation to the Small Claims Track'

If I do not wish to attend court, should I complete the questionnaire?

You need to fill out the DQ.

M1

[jamila0000]

Re: Parking eye

Ok,I completed the DQ and returned it, I then received a copy of Parkingeye's DQ before receiving a 'Notice of Transfer Of Proceedings'
Can you please tell me what I need to do if I do not wish to attend the Hearing?

thanks

[mystery1]

Re: Parking eye

Well first things first. Try and get the court to stay the claim to await the result of the Beavis appeal.

http://parking-prankster.blogspot.co...urt-cases.html

Secondly, it is more beneficial to turn up and stumble through than it is to rely on documents sent to the court. Turn up if you can. You ca notify dates that you are unable to attend due to long term commitments like prebooked holidays, hospital appointments etc.

If you really want to do it on paperwork only (i advise not to as strongly as possible, also remember almost everyone is bricking it) then

http://www.justice.gov.uk/courts/pro...es/part27#27.9

Non-attendance of parties at a final hearing
27.9
(1) If a party who does not attend a final hearing–
(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.
(2) If a claimant does not –
(a) attend the hearing; and
(b) give the notice referred to in paragraph (1),
the court may strike out(GL) the claim.
(3) If –
(a) a defendant does not –
(i) attend the hearing; or
(ii) give the notice referred to in paragraph (1); and
(b) the claimant either –
(i) does attend the hearing; or
(ii) gives the notice referred to in paragraph (1),
the court may decide the claim on the basis of the evidence of the claimant alone.
(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.



Disposal without a hearing
27.10 The court may, if all parties agree, deal with the claim without a hearing.


M1