Jump to content


Parking eye court papers !!!!!!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3799 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

 

After ignoring several threatening letters fro PE I have now received court papers from Northampton CC.

Can someone help me with the next step please?????

I parked on a retail park with my disabled mother as all council places were full, we

overstayed by 20 mins. The POC are as follows:-

 

"Claim for monies outstanding from the defendant, as registered keeper, in relation, to a parking charge, issued xx/xx/xxxx, for parking without authority on private land. Parkingeye's ANPR system, monitoring xxxxxx,xxxxxx, car park, capturing vehicle xxxxxxx, entering & leaving the car park, overstaying the max stay time. The sinage,clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by Parking Eye Ltd, along with other terms & conditions by which those who park on the site agree to be bound. In accordance with the T&C set out with the signage, the parking charge became payable. Notice under the protection of freedom act 2012 has been given under sec 4,making the keeper liable"

 

Please help me out !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Link to post
Share on other sites

  • Replies 116
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

already sev threads in this forum on how to deal

 

there is a also a stickie on the homepage

 

nothing to worry about.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I've read the sticky thanks can I just copy everything from the template into the defence boxes on the claim for,adding my own details where advised, will this be sufficient????????

Link to post
Share on other sites

with the hot weather the usuals are obv busy

 

await their info

 

no rush

 

easily batted off

 

if you want to post any further details of the story

to help them here

 

do so now while awaiting their input

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

What is the date of issue on the claim - top right hand corner of the form :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

30th July

 

Your timeline will be

 

Date of issue - 30th July + 5 days for service = 4th August + 14 days to acknowledge = 18th August + 14 days to submit defence = 1st September.

 

You can of course acknowledge and submit your defence at the same time but you MUST at least acknowledge by 18 August otherwise they will obtain a judgment by default :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

:|:|:|Thanks citizenB as I said before can I copy the template into the defence boxes of the claim form?????

 

Oh absolutely, if it is significant to your situation, then yes you can.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Been to the store this morning but they couldn't help as they only lease the building and therefore have nothing to do with the car park!! I believe the landowner is Colliers?

What should my next step be ??

huh.gifhuh.gifhuh.gif

Link to post
Share on other sites

The main thing to do is make sure you acknowledge reciept of those court papers online. This gives you more time to form a defence. If you dont acknowledge, the claimant gets judgement by default.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

As well as using all the sound help on here I just have a few points for you..

 

..When you submit your defence, it will automatically transfer to your local county court via the small claims track.

.Don't be afraid the process is very informal.

 

You can direct the Deputy District Judge to insist on seeing a copy of the contract between PE & Colliers that permit them to bring legal proceedings against the public

(Will they have one ?? )

If they have not got a contract that states them exact words, ask the judge to strike out the claim and hold PE in Contempt..

..Refer to VCS Ltd V Ibbotson and VCS Ltd V HMRC (download via google and include it in your bundle which you have to send 14 days before the hearing)..

 

Also ask for a breakdown of the revenue paid to either the land owner or each individual retailer (Land occupier)

over the previous two financial years by PE from revenue raised by ANPR...

 

.Throw in your costs of defending the claim postage, petrol, stationary and £90 per day max for loss of earnings due to time spent on preparation of the defence.

 

....Go Get em !!

Link to post
Share on other sites

:|

Thanks for the reply guys but i'm having real problems getting back onto the money claims website has anyone else encountered problems???? It's only because I've saved a draft of my defence and I was going to post it on here for you all to have a look to see if its any good !!!!!

Link to post
Share on other sites

HAVE A LOOKGUYS AND LET ME KNOW WHAT YOU THINK ???

 

1. The Defendant admits that he was the registered keeper of a [make and model] car with the registration number ...... at the time of the alleged offence. No admissions are made as to who would have been driving the car at the material time. If the Claimant seeks to rely upon the provisions of the Protection of Freedoms Act it will be put to proof as to its compliance with the statutory requirements.

 

 

4. It is the Defendant’s understanding that the Claimant is (or says that it is) a member of the British Parking Association. If this is the case it must adhere to the Association’s Code of Practice. This Code requires, amongst other things, that the member must have the written authorisation of the landowner (or his appointed agent) which sets out whether or not the landowner authorises the member to pursue legal action through the courts : see clause 7.1 of the Code. It is not admitted that the Claimant has the necessary authorisation from the landowner and the Claimant is put to strict proof of this.

 

5. Even if the Claimant has a contract with the landowner or the landowner’s agent which purports to provide written authority for the claimant to take legal action it is denied that, in the absence of any consideration being provided by the Claimant itself, any alleged contract that it sought to create with a motorist would be enforceable.

 

6. It is the Defendant’s view that if the Claimant’s claim is to proceed further then the landowner should, in any event, be added as a party to the litigation. Ultimately it is the landowner who may stipulate who can come onto his land and upon what terms. If the Claimant purports to act as the landowner’s agent then its principal should be made a party to the litigation. In any event it is important that the landowner should be involved in the litigation so that it may see how its agent deals with its customers and the customers of its tenants. Additionally it is important that the landowner should be added as a party because of costs. The defendant does not know whether the Claimant has sufficient assets to meet any award of costs that it might be ordered to pay. In all probability the Claimant exists as a conduit to funnel money into the pockets and bank accounts of the persons who control it and it will have little in the way of tangible assets. The landowner, by definition, has assets: it owns land. If the landowner does not consent to be a co-claimant then the Civil Procedure Rules provide that it would have to be added as a defendant

 

7. Without prejudice to the foregoing the Defendant avers:-

 

7.1. That the driver did not see the signage upon which the Claimant seeks to rely. The car park was dark and/or poorly lit and the signage was not prominent. In the circumstances it is denied that any contract was or could have been formed.

 

7.2. That the wording of the signage within the car park was not apt, as a matter of construction to constitute a contract in the terms, or with the effect, contended for by the Claimant.

 

7.3. That there has been a failure of consideration on the part of the Claimant. If permission to park upon the land is or might be consideration it will not have moved from the Claimant but from the landowner. The Claimant has itself supplied nothing of worth to the Defendant.

 

7.4. That it is denied that the sum sought by the Claimant (and even if it were sought by the Claimant’s principal or the landowner) represents a true debt which is properly enforceable. It is clear that the sum sought is, at best, merely a ‘penalty’, rather than being a loss which will genuinely have been incurred. As such it is non recoverable.

 

7.5. Aside from the sum concerned being an unenforceable penalty at common law, any contractual provision by which the sum is sought would, it is averred, be struck down as a result of the operation of the Unfair Terms in Consumer Contracts Regulations 1999. By Regulation 5 of the 1999 regulations, a contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. Regulation 8 provides that an unfair term in a contract concluded with a consumer shall not be binding on the consumer. Schedule 2 of the Regulations provides an indicative and non exhaustive list of terms which may be regarded as unfair. This list includes any terms which have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation. It is obvious that the sum sought is disproportionately high. The car park concerned is a car park on which bona fide customers may park for free. The sum is disproportionately high compared with the hourly and daily rates for parking at the nearest facility where car park users must pay for their time. The sum is disproportionately high compared to the national minimum wage of £6.08 per hour – the sum sought works out at xxx days’ worth of pay for someone on the minimum wage, assuming a seven hour working day.

 

7.6. Any attempt to avoid the recognition of the parking charge as a penalty by describing it as being merely the price of the service being provided is doomed to failure. If it is designed or intended to deter parking then it is clearly a penalty. Ultimately it does not matter whether a contended-for obligation to pay £100 is described as a ‘penalty’ or a ‘genuine pre-estimate of loss’ or dressed up in some other way. The Defendant avers that it is significant that no provision is made on-site for the payment of a parking charge of £100. If the motorist is indeed agreeing to pay £100 to park in some ‘special space’ in what is essentially a free car park intended to be used by the landowner's customers, why is no provision made to enable him to pay there and then. After all the wealthy motorist eager to pay £100 for the use of some particularly wonderful parking space but being stymied as to how that might be achieved would not wish to simply drive off and run the risk of being charged with dishonestly making off without payment contrary to s3 of the Theft Act 1978.

 

 

8. In the circumstances it is denied that the Defendant is indebted to the Claimant as claimed in the Claim Form or at all

 

9. The Claimant’s entitlement to interest and costs is likewise denied

 

I was with my disabled mother and we parked in a disabled bay with the blue badge clearly displayed and I feel that an extended period of parking ought to have been allowed by way of a reasonable adjustment under the Equality Act

 

Statement of Truth

 

I believe that the facts stated in this Defence are true.

 

Signed ……………………….. Dated …………………………..

By the Defendant

Link to post
Share on other sites

I would add that as the claim is for parking without authority-ie trespass

- then you should highlight the fact that the landowner or occupier are the only ones with the proprietorial interest to pursue the defendant

for damages arising form the trespass and

 

PE has no right to do so and the claim is thus vexatious.

 

Amount claimed does not reflect the proprietorial loss caused by overstaying in free car park

 

Alternatively you can say that authority was given by occupier by implied consent

- providing car cark and that PE have no interest in this contract.

 

The original planning permission for local authority will probably set this in stone.

Link to post
Share on other sites

Looking at the size of your defence, rather than adding more in, I will be surprised if you haven't already exceeded the size that the MCOL can cope with as a defence.

 

I had to submit one recently and I seem to recall the limit as something like 150 lines, but the lines are also a bit shorter than you would normally type on an A4 paper. I didn't want to shorten my defence so had to send it by mail instead.

Link to post
Share on other sites

I did shorten it quite considerably i.e removed the numbers cut out quite a lot of the other versus cases and put it all together rather than having it all in paprgraphs so I think I had about 12 lines left over !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Looking at the size of your defence, rather than adding more in, I will be surprised if you haven't already exceeded the size that the MCOL can cope with as a defence.

 

I had to submit one recently and I seem to recall the limit as something like 150 lines, but the lines are also a bit shorter than you would normally type on an A4 paper. I didn't want to shorten my defence so had to send it by mail instead.

Link to post
Share on other sites

Many thanks I have a draft saved on the MCOL but I cant gain access to it as it keeps saying I have entered the incorrect information which is driving me crazy!!! But as soon as I can get back on I will I will edit as advised

 

Excellent just a few points.. paragraph 1 change Alleged Offence to Alleged Event as no crime has been committed...Paragraph 4. Reference with VCS Ltd Vs HMRC and VCS Ltd Vs Ibbotson.....Paragraph 7:5 reference with Excel Parking Services Vs Hetherington Jakeman...
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...