Parking Eye PCN - Help with defence

[cassas00]

Posting on behalf of my brother. He's just informed me he received a £100 fine for staying 50 minutes over a free 2 hour parking area some time ago.

He ignored the letters though did admit he was the one driving. He just recieved a claim form from parking eye asking for £175 (original amount plus solicitors and court costs). Issue date was 9th of March.

I have registered online and requested the 14 day extension along with contesting jurisdiction but yet to file my brothers defence. Thought I'd get some advice here first.

My brother has no idea about any original dates and has no pictures of signage or anything.

So basically looking for a good defence, obviously paying 100 for staying 50 minutes over a 2 hour parking zone is criminal. As I understand it is just an invoice of potential losses? What's the odds of them taking my brother to court? Can they charge for solicitors fees in the small claims court? Won't it cost them more to even file it?

Thank You

[mystery1]

Re: Parking Eye PCN - Help with defence

They do court quite often despite it costing them each time they have to attend. http://crtcases.appas.org.uk/htdocs/court_tabular.php

Without any information with regards to the contract (the signs) or any idea if keeper liability requirements are met then it pretty much comes down to penalties and/or their authority to make a contract and/or take legal action in their name.

Can you post up the claim form without names, addresses and reg number please ?

M1

[ostell]

Re: Parking Eye PCN - Help with defence

What has actually been received? Is it a letter from Parking Eye? Is it a letter before claim? Or is it an actual court claim form?

Put up a redacted copy of the form onto the forum.

[cassas00]

Re: Parking Eye PCN - Help with defence

Will attach letter now

[cassas00]

Re: Parking Eye PCN - Help with defence

Sorry for the quality

[mystery1]

Re: Parking Eye PCN - Help with defence

You don't contest jurisdiction. Northampton is just the originating court. It will be allocated to a local court later. I see you have acknowledged service. This means you have 33 days from the issue date (9th March) so roughly 10th April.

I would wait and see what the result of Beavis is (it's due any day) as this will impact things substantially. If the result of Beavis has not been issued by1/2nd April come back and i'll do a basic defence.

Getting pictures of the signs in the meantime would help.

Also, am i nuts ?, i don't see a Pontypridd retail park, it's Brown Lennox Retail Park isn't it ?

M1

[cassas00]

Re: Parking Eye PCN - Help with defence

Thank you.

I'm driving past the retail park tomorrow so I'll pop in and take a few snaps. It's on Brown Lennox Road so I'd assume so.

Sorry for my ignorance but what is Beavis?

[mystery1]

Re: Parking Eye PCN - Help with defence

http://parking-prankster.blogspot.co...all-about.html

http://parking-prankster.blogspot.co...of-appeal.html

M1

[cassas00]

Re: Parking Eye PCN - Help with defence

Thanks! I'll post up the pictures of the signage tomorrow!

[cassas00]

Re: Parking Eye PCN - Help with defence

[MENTION=5354]mystery1[/MENTION]

I got some photos. Let me know if you need any more as I drive past there on most days. One thing I noticed is that all signs are quite high making it impossible to read the fine print! Not sure if that will have any bearing

[mystery1]

Re: Parking Eye PCN - Help with defence

2 if possible. 1 of the small stuff and the 2nd which you don't need to post, of yourself standing next to the signs to give a judge a clue how high they are. If you are 5 foot 6 for example and the signs miles above you it gives a judge an idea they might be easily missed rather than easily seen (should it go that far).

M1

[cassas00]

Re: Parking Eye PCN - Help with defence

[MENTION=5354]mystery1[/MENTION]

I couldn't get a photo of myself under the sign as I was on my own but did manage to get one near a van and a food vendor, they are all positioned at the same height. Also one of the signs was obscured by a B&Q banner, thought that might be advantageous.

[cassas00]

Re: Parking Eye PCN - Help with defence

final one. Also a lot of the sign posts are in the middle of bushes, making getting up close impossible.

[mystery1]

Re: Parking Eye PCN - Help with defence

@mystery1

I couldn't get a photo of myself under the sign as I was on my own but did manage to get one near a van and a food vendor, they are all positioned at the same height. Also one of the signs was obscured by a B&Q banner, thought that might be advantageous.

Excellent. "unauthorised parking" so it's definitely a penalty then

Just need to hope the court of appeal don't screw us in Beavis.

M1

[cassas00]

Re: Parking Eye PCN - Help with defence

[MENTION=5354]mystery1[/MENTION]

Hey mate, no update as of Beavis yet then. I'm away from Thursday and home on Monday the 6th. Should I wait for then to file a defence or should we start proceedings? Cheers