County Claim letter = lost

[kanya3]

Hello everyone.

My first post here. I initially posted on MSE forum but didn't get many responses and someone suggested that I post of this forum.
I am hoping you guys will be guide me in the right direction.

I overstayed in a Retail park in Ilford back in Januray by about 30 mins. First two hours were free and I paid for an extra hour(It was 1.50 for 1 hr and as matter of fact I paid 2.00 pounds as machine didn't give out any change & I still have the ticket) Next slab was 3.50 for 4 hrs. It was quite late around 11pm when I got back and car park was almost empty. I wasn't aware that this car park had automated number plate reading cameras, if I had known I would have been more careful about putting extra to be on the safe side. Notices started pouring in with in few weeks initially for 60 and then for 100. Usually I tend to reply back but being busy at work, I just didn't have enough energy to engage in any correspondence. It didn't help that I was out of the country for 3 weeks in March.

You probably have guessed it already that must be 'Parking Eye' & you are right! I have now received a County Court Claim Form to pay 175 pounds. I am not sure what to do now and how far to take it? What are the chances of success in fighting this off considering that I did pay the charge & it was so late in the evening with an empty car park that it hasn't really caused any financial loss to the company?

Could somebody share their experience or any letters/responses they have successfully used in a claim like this? There is company called Private Parking appeals which provides 'Expert' advice & responses in dealing with such cases for 30 pounds. Has anybody tried them? Are they any good?

Would appreciate thoughts from all of you on how to proceed

Thanks in advance.

[mystery1]

Re: County Claim letter

Can you post up a sanitised version of the claim form ? Pictures/videos of the signs in the dark would probably be very useful evidence too if you can.

Unlike many companies PE will take it to trial and will send someone to present the case. If you fight, you'll need to go to the end. If you lose it won't be much more, if anything, more than they claim unless they can claim you behaved unreasonably during the case which would be unlikely as merely defending is not unreasonable.

The Beavis case might hinder you although a paid car park is a different beast and as such we should be able to get around that although that cannot be guaranteed.

Could somebody share their experience or any letters/responses they have successfully used in a claim like this?

Letters won't cut it. I'm not sure there has been a P&D case since the supreme court ruled in Beavis although after the appeal court ruled a lower court ruled that Beavis did not apply in a P&D car park. The case was Parking Eye v Cargius http://nebula.wsimg.com/de2566ded6f0...&alloworigin=1

There is company called Private Parking appeals which provides 'Expert' advice & responses in dealing with such cases for 30 pounds. Has anybody tried them? Are they any good?

If you read through the Pranksters blog, John Wyllie is pretty good at court claims http://parking-prankster.blogspot.co.uk/ however having seen how he reacted when they didn't contact a customer and the customer sought help elsewhere i simply could not recommend. Bear in mind the £30 would not be to represent you at court and is probably for a defence.



As an aside, whoever directed you here shouldn't really do that. It's not a pissing competition. The posters who posted on your thread are at least as knowledgeble as i am and some more so. [MENTION=70704]emanresu[/MENTION] also posts periodically over here. I know it wasn't you but just saying to hopefully stop this Seeking advice in several place can help but you may get differing methods and confused as a result.

M1

[kanya3]

Re: County Claim letter

Thanks Mystery1.

I will scan those letters and post them here soon. I am going that way again tomorrow so will also get some pictures in dark.

All the advice on MSE was gratefully received but not exactly what I was looking for.

I read some really good letters with technicalities/quoting regulations etc posted on there about some other cases and it made me realise that I just don't have enough knowledge of rules & regulations around these matters and the skill involved. That's the reason I was looking at options of getting some help for defense.

I have previously got two apologies letter from parking companies for wasting time by using template letters from MSE but this is totally different.

Just out of curiosity I want to pursue it to the end. Without help from guys like you, I can never think of doing that :P

Regards

Can you post up a sanitised version of the claim form ? Pictures/videos of the signs in the dark would probably be very useful evidence too if you can.

Unlike many companies PE will take it to trial and will send someone to present the case. If you fight, you'll need to go to the end. If you lose it won't be much more, if anything, more than they claim unless they can claim you behaved unreasonably during the case which would be unlikely as merely defending is not unreasonable.

The Beavis case might hinder you although a paid car park is a different beast and as such we should be able to get around that although that cannot be guaranteed.



Letters won't cut it. I'm not sure there has been a P&D case since the supreme court ruled in Beavis although after the appeal court ruled a lower court ruled that Beavis did not apply in a P&D car park. The case was Parking Eye v Cargius http://nebula.wsimg.com/de2566ded6f0...&alloworigin=1



If you read through the Pranksters blog, John Wyllie is pretty good at court claims http://parking-prankster.blogspot.co.uk/ however having seen how he reacted when they didn't contact a customer and the customer sought help elsewhere i simply could not recommend. Bear in mind the £30 would not be to represent you at court and is probably for a defence.



As an aside, whoever directed you here shouldn't really do that. It's not a pissing competition. The posters who posted on your thread are at least as knowledgeble as i am and some more so. @emanresu also posts periodically over here. I know it wasn't you but just saying to hopefully stop this Seeking advice in several place can help but you may get differing methods and confused as a result.

M1

[kanya3]

Re: County Claim letter

Hi Mi,

I have attached both the Claim letter & parking ticket.
Have a look & let me know what you think.

Thanks for your help.

[kanya3]

Re: County Claim letter

Here is the first notice & a picture of signage. Will try to get one in late evening/night later.
Thanks.

[mystery1]

Re: County Claim letter

If you haven't filed acknowledgement of service then do so immediately. I'm working Tuesday-Thursday so it'll be a few days before i get to this, however if you file AoS we have plenty of time as it'll be 33 days from 16th May as opposed to 19 days from 16th may if you don't file AoS.

M1

[kanya3]

Re: County Claim letter

Hi M1. I have already filed AoS.
Looking forward to your suggestions.
Thanks.

[mystery1]

Re: County Claim letter

kanya3def.rtf

Edit to suit. Especially the date at the bottom.

M1

[kanya3]

Re: County Claim letter

Thanks M1 for the letter. Sorry I had been away for 2 weeks and only got to read it today.
Just want to clarify someting that my defence is based on:

1. Beavis judgement doesn't apply in my case.

2. This pharse from page 2, 3rd Paragarph ''In this case the vehicle would have been fully entitled to park as it did had payment been made (provided the requirement to do so had been clearly brought to the motorist's attention)'' Is this applicable to my case as I did make a payment but it was insufficient! Can I still contest that instructions weren't advertised clearly?

Sorry I am not familiar with the technical lingo so thought will check with with you.

Thanks again for your helpful advice.

Regards

[mystery1]

Re: County Claim letter

1. Correct http://nebula.wsimg.com/de2566ded6f0...&alloworigin=1 before the supreme court verdict but after the court of appeal. I'd say the principle still applies.

2. We didn't really say that the signs were not easily visible, which as you say would be a difficult thing to do whilst claiming some money was paid. It was more a statement that the signs must be clear and prominent which is factual.

M1

[kanya3]

Re: County Claim letter

Hi M1,

Sorry I have a stupid question.
I was filing in the defence claim on MCOL website but it all only has 122 lines and despite elliminating all the spaces in paragraphs still short of about 30 lines! How to get around this?

I haven't changed anything except of course the case particulars. Is there anything else I am supposed to add to it?

I don't understand some the clauses in the judgement but have copied it as it is.

Thanks again for your help.

[mystery1]

Re: County Claim letter

Phone the court up, get an email address and send it in. There is a specific email subject line too, which i forget. ask them for that too.

M1

[kanya3]

Re: County Claim letter

Thanks M1. Rang them up around 420pm and they sent me the link to file it by email.
In passing just asked when is the last date to file it in and got told today before 5pm :P
For some reason I thought it was next week.

Yes that phrase is 'CLAIM RESPONSE'.

Will share the updates with you when I get them.

Regards

[mystery1]

Re: County Claim letter

Hmm. pretty sure it's meant to be at least the names of the parties and the case number but i guess if they accept that then it's unlikely to matter.

M1

[kanya3]

Re: County Claim letter

Hi M1,

I have received a copy of 'Directions Questionaire' in post. It seems to be a copy of something that was sent to Parking Eye stating they have rejected the small claims mediation service. Does this mean they have decided to pursue it in the court?

I have uploaded the pictures here.

As always will be grateful for your advice.[/IMG]
[IMG][/IMG]