ParkingEye County Court Claim Form Received

[Guest]

Hi I have received a claim form from the County Court Business Centre Northampton with the claimant as ParkingeEye Ltd and an issue date of 17th February 2020.* I moved house in December 2019 and it was received in a bundle of postage passed on to me by the Landlord following the other tenant leaving at end of January.* There was no other correspondence from Parkingeye passed to me.* I am the registered keeper of the vehicle but don't know whether I was driving at the time.* I have acknowledged receipt to the Court by post.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Should I contact Parkingeye to ask them for details of the claim and any previous correspondence sent to me* or do I have to do this through the Court?* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Thanks in advance for any advice that you can offer.

[Naffoff]

I am the above 'Guest'.* I'm not very internet savvy but have just registered with site. Any help will be much appreciated.**

[ostell]

So you send a SAR request to PE demanding all the paperwork that they have about you.* They are allowed 30 days to comply, which takes it too long to use for your defence.

Have you submitted a defence?

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[Naffoff]

Thanks for replying Ostell.* I haven't submitted a defence, just acknowledged saying that I intend to defend.* I'm going to be a bit stuck defending if I havent got any paperwork.* Can they continue with their claim if I dont know what it's for?

[Naffoff]

Hi Ostell I've just been on to PE website and viewed the details ( didnt know until now that I could do that)* . There are 2 very dark photos of a car with my registration number showing and times with a difference of 24 minutes.* Any thoughts?

[ostell]

I presume that PE are running the case themselves so another letter demanding that they supply you with all the documents they intend to rely on in court, in order the narrow the issues between you, as expected by the court.* You expect these by return or in any case within 7 days.

[Naffoff]

Hi Ostell PE do seem to be running the case as there is no mention of a solicitor but Signed by ' name ' and Claimants Legal Representative in brackets underneath. The hotel that the charge was incurred at have sent PE an email asking them to cancel the parking fine.* Legally, can they still go ahead with claim?

[ostell]

Do you have a copy of that email requesting cancellation?**

They can go ahead with the case but if you have copy if the email send it to them and ask why they are not obeying their principal

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[Naffoff]

Thanks Ostell, I do have a copy of the email, I will forward it to them and ask the question.* I'm so grateful for your help.

[Naffoff]

Hello Ostell, I'm after a bit more advice. Claim form dated 17/2, I acknowledged service by first class post 28/2. On 6/3 I sent a SAR to PE and a separate email to enforcement (attaching copy email from principal) asking them to cancel charge as per principal's request.* On 9/3 I sent another email to enforcement telling them I expect them to cancel charge as per their principal's request but if they intended to go ahead with the claim that I would defend it and requested that they send all evidence which they will rely upon in court.* I havent had anything back from Court or PE.* Should I start to prepare a defence, what date does this have to be completed by (I'm confused as to whether its 28 days from service or 14 days from AOS date) and is it sufficient to point out that principal has requested* cancellation of the charge?

[ostell]

You MUST start preparing a defence, the clock does not stop.* You have 33 days from the date of issue to get your defence to the court.* You are cutting it fine.

[Naffoff]

I'm at a loss to how I can defend this without any previous paperwork and having only the Particulars of claim on the CCC for £175 and which state 'Claim for monies outstanding from the Defendant in relation to a parking charge (reference *******) issued on 18/10/19. The signage clearly displayed throughout *****Hotel states that this is private land managed by Parkingeye Ltd and that it is subject to terms and conditions including the payment of parking tariffs by which those that park agree to be bound (the contract).* ParkingEyes ANPR system captured vehicle ****** entering and leaving the site on 13/10/2019 and parking without a valid paid parking ticket.* Pursuant to Sch 4 of the PoFA 2012, notice has been given to the registered keeper making them liable for the parking charge payable upon breach.* My defence is that the driver was asked to collect an elderly, disabled lady at 4.30pm, arrived 2 minutes early but had to wait for passenger to negotiate steps inside and outside hotel and to get in to car. The driver did not see the sign on entry to car park as entrance is off a steep, busy road in to a narrow passageway which crosses a pavement so had to be more aware of pedestrians and controlling the car than looking for signs. The driver did not expect to have to pay a parking charge as had no intention of parking. The driver never left the car. The Principal has requested that the Parking Charge be cancelled.* Are there any other points I should make?

[ostell]

State that you are unable to fully defend on the sparse details provided and a request for further information has not been received.

[Naffoff]

Hello Ostell, I'd be grateful if you could cast an eye over my defence and advise accordingly........
The defendant denies that the Claimant is entitled to the debt as alleged or at all.
The defendant has not received any paperwork from the Claimant.* The details on the County Court Claim form and the darkened photographs on the Claimant's website are the only details available to the defendant.* The Defendant, in an email dated 9/3/2020, requested the Claimant to provide all evidence that they will rely upon in Court but the Claimant has failed to do so.* As such, the defendant is not able to prepare or submit a full defence.

The defendant confirms that the Principal, xxxxHotel, in an email directly to the Claimant on 6/3/2020 requested the parking charge to be cancelled.* The Defendant forwarded a copy of the Principal's request for cancellation to the Claimant on 6/3/2020 asking them to cancel the charge as directed.* The Defendant, having received no reply, sent a further email on 9/3/2020 requesting confirmation that the Claimant had followed their Principal's direction and cancelled the charge.**

The Principal is aware that the driver of vehicle xxxxxx was asked to collect an elderly, disabled lady at 4.30pm from the Hotel.* The driver did not see a sign on entry to the car park as the entrance is off a steep, busy road and crosses a pavement in to a narrow, dark passageway, so had to be more aware of pedestrians, other traffic and controlling the car than looking for signs. The driver did not expect to have to pay a parking charge as had no intention of parking.* The driver never left the car.* The passenger was a patron of the Hotel and took some time to negotiate the steps both inside and outside of the hotel and to get in to the car.**

The Defendant denies that a contract was formed and therefore cannot be in breach of it and*puts the Claimant to strict proof of where the car was parked and (from photos taken in the same lighting conditions) how their signs appeared on that date, at that time, from the angle of the driver's perspective. Equally, the Defendant requires the Claimant to show how the entrance signs appear from a driver's seat, not stock examples of 'the sign' in isolation/close-up. The defendant submits that full terms simply cannot be read from a car on entry and mere 'stock examples' of close-ups of the (alleged) signage terms will not be sufficient to disprove this.

As the Claimant does not have*proprietary interest in the land then the Defendant requires that they produce an unredacted copy of the contract with the landowner. The contract and any 'site agreement' or 'User Manual' setting out details including exemptions - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights - is key evidence to define what the Claimant is authorised to do and any circumstances where the landowner/firms on site in fact have a right to cancellation of a charge. It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is also authorised to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).
Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules and therefore unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.**Nor would it define vital information such as charging days/times, any exemption clauses, grace periods (which I believe may be longer than the bare minimum times set out in the BPA CoP) and basic information such as the land boundary and bays where enforcement applies/does not apply. Not forgetting evidence of the various restrictions which the landowner has authorised can give rise to a charge and, of course, how much the landowner authorises this agent to charge (which cannot be assumed to be the sum on a sign because template private parking terms and sums have been known not to match the actual landowner agreement).
Paragraph 7 of the BPA CoP defines the mandatory requirements and the Defendant puts this operator to strict proof of full compliance:
7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.
7.3 The written authorisation must also set out:
a) the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined
b) any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation
c) any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement
d) who has the responsibility for putting up and maintaining signs
e) the definition of the services provided by each party to the agreement



Section 13.1 of the BPA Code of Practice states "If a driver is parking without your permission, or at locations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with*
a reasonable grace period to leave, as they will not be bound by your parking contract."* These grace periods must be a minimum of 10 minutes.* Section 16.1 of the BPA Code of Practice states "The Equality Act 2010 says that providers of services to*the public must make ‘reasonable adjustments’ to remove*barriers which may discriminate against disabled people." and 16.2 "You and your staff also need to realise that some disabled*people may take a long time to get to the payment machine."**
The Defendant holds that the Driver never left the car, could not have been subject to the Terms and Conditions, having never read them, had 2 x* 10 minute (minimum) grace periods to accept or reject the contract and that it is reasonable to extend these minimum grace periods to allow for a disabled passenger.

The Defendant acknowledges that she is the registered keeper of vehicle with registration xxxxx but does not accept liability for the parking charge by default as the Claimant has failed to meet the obligations of Sch 4 of the Protection of Freedoms Act 2012 where the Claimant is required to send a Notice to Keeper within 14 days of the alleged incident.



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[Naffoff]

Hi Ostell, I have to submit this defence today, do you have time to comment on it? Thanks in advance