Parking Eye, Notice to Proceed - won

[07rachel08]

Hi this is my story:-

I parked in my local hospital car park, and paid at the machine on my way out, the machine took my money made a strange sound and didnt issue me with a ticket. I was in a bit of an emotional state at the time as my father was very ill in hospital. I assumed (wrongly) that because the machine didnt give me my money back that the parking had been paid. so i drove away. i then received the parking charge, and ignored it on the advice of many forums. after receiving a few letters, one being to make my defence, which i did by myself and just stated what had happened regarding the machine, i have now received a letter of Notice to Proceed with quite a lengthy defence from them. i have never fought through the courts before, and dont have much time on my hands to research this fully. i have not received any actual court papers yet, so just wondered if this is Parking Eyes way of scaring me, or is this genuinely going to court, and if it does, what are my chances of winning. I would like to thank you all in advance for any advice.

[07rachel08]

Re: Parking Eye, Notice to Proceed

also could anyone tell me how much it will cost me if i lose in court?

[ostell]

Re: Parking Eye, Notice to Proceed

The cost would be the parking fee plus about 50. Not a large amount. The loads of paper is an attempt to scare you. They send it to everyone.

Don't exactly know what stage you are at.

So you appealed to PE. Did they tell you that you could appeal again to another entity?

Copy PE's letter on here and the original PCN, removing identifying data.

[07rachel08]

Re: Parking Eye, Notice to Proceed

The cost would be the parking fee plus about 50. Not a large amount. The loads of paper is an attempt to scare you. They send it to everyone.

Don't exactly know what stage you are at.

So you appealed to PE. Did they tell you that you could appeal again to another entity?

Copy PE's letter on here and the original PCN, removing identifying data.

i didnt appeal, i just sent in my defence which stated what happened with the machine. i have had a county court claim form, then a letter about going to mediation which was then refused by them before i even replied, then this notice to proceed with a court claim and a copy of their defence. i have had no county court papers yet, but i am assuming they will arrive shortly.

[07rachel08]

Re: Parking Eye, Notice to Proceed

i have attached a photo

[des8]

Re: Parking Eye, Notice to Proceed

i didnt appeal, i just sent in my defence which stated what happened with the machine. i have had a county court claim form, then a letter about going to mediation which was then refused by them before i even replied, then this notice to proceed with a court claim and a copy of their defence. i have had no county court papers yet, but i am assuming they will arrive shortly.

There seems to be a contradiction here.
Suggest you post up all correspondence received and sent so the experts here know exactly what has happened, and how they can help

[ostell]

Re: Parking Eye, Notice to Proceed

Have you acknowleged the county court claim? Have you submitted a defence to the court or did you think it was to PE only? What was the date of issue stated on the first form (N1) ?

Because you don't seem to have responded to the court then PE will get a default judgement against you.

[mystery1]

Re: Parking Eye, Notice to Proceed

Have you spoken with the hospital management ?

M1

[07rachel08]

Re: Parking Eye, Notice to Proceed

Have you acknowleged the county court claim? Have you submitted a defence to the court or did you think it was to PE only? What was the date of issue stated on the first form (N1) ?

Because you don't seem to have responded to the court then PE will get a default judgement against you.

yes i responded with a defense written by myself. i have attached all the photos of correspondance to date

[ostell]

Re: Parking Eye, Notice to Proceed

As already advised contact the hospital PALS (Patient Advivce And Liason Service) and explain the urgency of the situation to them and get them to tell PE to cancel the charge. A piece of paper to that effect would be very helpful.

What was the date of the original PCN? Can you upload your defence.

Read through PE's paperwork and refute anything that is untrue.

[07rachel08]

Re: Parking Eye, Notice to Proceed

ok i think i have made a mistake here, and should have contacted POPLA , but now the deadline has gone for that. i have no proof whatsoever that i put the money in the machine, . i was going through a difficult period in my life as i suffer with depression and anxiety, also worrying about my dads potentially life threatening illness, the last thing on my mind was to be clearly thinking about a parking charge and how to deal with it. i did google it, and many people in forums suggested ignoring them as they dont usually take people to court, which is what i did until i received the county court claim form. all i know is i put the money in that machine, and i have a feeling im going to be also losing to them in court :-(

[ostell]

Re: Parking Eye, Notice to Proceed

We are trying to help. Please answer the questions and take the actions suggested. For example if you can get the hospital to cancel then PE will go away with their tail between their legs.

The civil courts are not the same as criminal. Cases are decided on probability. You say you paid, PE have to show you didn't and the judge decides who was probably right. You could get a judge who got an undeserved ticket the week before.

Needto see what you put in your defence to see if it can be added to before the hearing.

Ignoring has not been the advice since 2012 when POFA came into law.

[07rachel08]

Re: Parking Eye, Notice to Proceed

i sent my defence through www.moneyclaim.gov.uk , i saved the file, i cannot now access the file, i have tried logging in with their claim number and password but it is now saying the claim number or password is incorrect. therefore i am unable to post my defence on here :-(
im sorry i am not very good with this sort of situation

- - - Updated - - -

i will contact the hospital tomorrow if that department is available at the weekend

- - - Updated - - -

im sorry Ostell, i cannot find the first PCN but i received a reminder on 16th September which said 29 days had passed so i would guess around 17th August was the date on the first PCN

[07rachel08]

Re: Parking Eye, Notice to Proceed

We are trying to help. Please answer the questions and take the actions suggested. For example if you can get the hospital to cancel then PE will go away with their tail between their legs.

The civil courts are not the same as criminal. Cases are decided on probability. You say you paid, PE have to show you didn't and the judge decides who was probably right. You could get a judge who got an undeserved ticket the week before.

Needto see what you put in your defence to see if it can be added to before the hearing.

Ignoring has not been the advice since 2012 when POFA came into law.

I have managed to find my defence file

[ostell]

Re: Parking Eye, Notice to Proceed

MCOL occasionally have problems with claim numbers and passwords. Keep trying and phone them if it is still not working on Monday.

Also phone the hospital on Monday. How is your father?

You got the proceed letter because everything is in order for the case to go ahead. It was probably sent because you did not return the form that was asking about mediation. You have to return this to the court AND a copy to PE.

Did you not have a copy of your defence on your computer?

Edit: Your defence arrive as i posted.

Did you return the form where you tell the court where you want the case to be heard? I think it's part of the form about mediation and it would be at a court that you would prefer. The court will give a date for the hearing and you will be required to submit all paperwork required 14 days before that date. Might be able to sneak in an updated defence.

Go through the paperwork that PE sent and pick out all the bits you would argue about.
[MENTION=5354]mystery1[/MENTION] Can you think of anyway now to force PE to give a full unredacted copy of their contract?