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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Parking Eye claimform - ANPR PCN Lido car park, Cliftonville, Kent BB on Display


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Please could I beg for some help?

 

My daughter parked at the Lido car park in Cliftonville last Friday evening (24 March 2017) just after 10pm and left just before midnight.

 

She and a friend visited a club and was unaware she had to pay for parking as the car park is unlit and she didn't see any signs/notices regarding parking charges in the car park.

 

She vaguely remembers there was a ticket machine at the entrance of the car park but there wasn't any signs or lighting in the car park. It's unknown if the ticket machine was in working order that night.

 

The car park is only partly marked with car parking spaces and she didn't park in those spaces but instead parked at the end of the car park by the club she was visiting that evening so didn't realise that the land outside the club was subject to parking charges.

 

She assumed that parking was free this time of night

(yes, she now knows the saying that assume equates to "makes an ass of u and me"!).

 

There are no parking notices/signs at the entrance of the club and the bouncers did not advise her that she needed to pay for parking.

 

My daughter was with a blue badge holder that evening and the blue badges were on display on the dashboard in my daughters car as they had been used/displayed at a different car park earlier that evening.

 

It's unknown if blue badge holders are exempt from parking charges, we can't find any mention on the company's website about what the charges are for this car park and whether there are any exemptions.

 

I have attached the parking charge notice. The picture of a car does show my daughter's car registration plate.

 

Is this parking charge enforceable and if it is enforceable how does she challenge/disputing this charge?

 

My daughter and I would be incredibly grateful for any advice anybody can offer us regarding the enforceability of the parking charge notice.

 

Thank you in advance for all/any help given

 

For some reason I can't upload the photo of the parking charge notice. Any ideas on how I can upload it please?

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can you fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

 

and follow the upload

to upload stuff TO PDF ONLY PLEASE

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... 

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Thank you very much for responding to my post/plea for help.

 

I am posting from an iPad so having difficulty in converting the photo to a PDF format. Does anybody know if there any apps for an iPad I can use to convert the photo to a compatible format please?

 

Please let me know if i haven't answered anything fully or if additional information is required.

 

For tickets received through the post [ANPR camera capture] (Notice to Keeper)

 

please answer the following questions.

 

1 Date of the infringement 24 March 2017

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Date issued: 29 March 2017

 

3 Date received 31 March 2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes

 

5 Is there any photographic evidence of the event? yes, but all you can see is a car registration plate and 2 headlights

 

6 Have you appealed? {y/n?] post up you appeal]Not yet

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? Parking Eye

 

8. Where exactly [carpark name and town] the parking Charge Notice states Lido (1). It gives no other address details. My daughter believes it was for the Lido car park, Cliftonville, Kent

 

For either option, does it say which appeals body they operate under.Only mentions POPLA although there is a BPA logo in the top left corner of the notice but makes no formal reference to it

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here No other correspondence received

 

Managed to figure out how to convert photo to PDF. Please see attached files of Parking Charge Notice issued by Parking Eye

PE PCN.pdf

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thanks for all that

the troops will be here in the morning.

 

 

safe to say if its local

photos of all the signs

the machine the entrance layout regarding what signs can be seen etc etc will be needed

read a few threads here you'll ge the idea

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... 

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Hi DX, thank you so much for the help, it's very much appreciated and valued.

 

The car park is local so we can get photographs etc. I'll get onto this asap. I've tried looking for photos of the car park online (just to use an idea of the layout/signs etc until we can get actual photos done) but haven't had any success. Am I right in thinking that we will need day and night photos of the car park?

 

I've been having a read through some other threads as you suggested and it seems that Parking Eye do follow through on their threats of court. From what I have understood so far it would seem the the parking charge notice maybe unenforceable due to the following reasons:

 

Car Park inadequacies

Failure to display adequate and visible signs/notification of the parking changes/terms and conditions.

Failure to display adequate visibility of any signs in the dark

Failure to clearly define any disabled parking bays in the dark

 

Parking Charge Notice inadequacies

Failure to give full details of carpark

Parking charge is diaportinate to actual cost incurred/potential revenue lost by company

Failure to disclose what original parking charge was and amount outstanding

Failure to disclose details of which/anyparking appeal bodies they operate under.

 

Am I thinking along the correct lines or have I totally misunderstood?

 

Once again, thank you for your help x

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don't worry too much about things.

 

eric will be along tomorrow

lighting etc will prob win the day

 

yes PE do do court

but that's rare and yours is quite coverable to stop them doing it.

 

sit tight

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... 

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Hi

In the BPA code of practice, vehicles displaying a disabled badge should not be ticketed however this does not work with ANPR.

 

If you are able, can you get photographs of any signage and the lighting (or lack of). The images from the NTK do show a complete lack of illumination as otherwise, more of the car would be visible. Excel parking lost a case a few weeks ago due to (in part) insufficient lighting.

 

You should follow the appeals system. Never name the driver. Only state that 'The Driver...'etc. This is a paper exercise only as PE are not known for allowing appeals. When they reject you, then use the POPLA code to really hit them. Inadequate signage, no lighting or poor lighting. Disabled Passenger displaying blue badge.

 

It would help you if you can find out what was agreed with the council regarding planning permission for the site and especially for parking and management. It has been known that PE slap their gear on the site without planning permission. Most councils have online access to their planning decisions.

 

Get pictures.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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The BPA rescinded the requirement not to ticket vehicles displaying Blue badges back in October 2015 though I have not seen a more recent Code that may have reintroduced that measure when ANPR not used.

However ticketing Blue Badges on private land for example can come under the equality Act 2010-

142 Unenforceable terms

 

(1)A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act.

 

(2)A relevant non-contractual term is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act, in so far as this Act relates to disability.

 

S144 also applies to disabled people as does s29 too. In addition companies have to make reasonable adjustments for disabled people -

https://www.citizensadvice.org.uk/law-and-courts/discrimination/what-are-the-different-types-of-discrimination/duty-to-make-reasonable-adjustments-for-disabled-people/

 

Not to adhere to the Equality Act is to breach the BPA Code s2.4-

All AOS members must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses.

 

If someone doesn’t cooperate with their duty to make reasonable adjustments, the Equality Act says it’s unlawful discrimination. You can ask the person or organisation to make the necessary changes. If they refuse, you can make a discrimination claim under the Equality Act.

 

tTken from the Citizens Advice website above.

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Thank you so much for the advice and assistance you have kindly given me.

 

How do I find out the planning permission? I've looked at my local council's website but couldn't see anything regarding the car park.

 

I will visit the car park asap and take photos. Am I right in thinking that I need to take photos of the car park, the section my daughter parked in, where she parked in the car park, any signs within the carpark, (if there are any) and the entrance sign and ticket machine.

 

Once I have this photographic evidence I need to compose a letter that disputes the parking charge and my reasons for the dispute?

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I also had a look at Thanet District Councils' website and could find no planning applications. I have also looked on Streetview but the images are a couple of years old so they don't help much.

 

It would help to know which car park as well. There are two. The one around the Cliff bar and the one at the top, accessed by the entry further up the road. No signs I saw mentioned Parking Eye so things must have changed since the last images were taken.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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It's the car park by around Cliff Bar that she parked in.

We are going tomorrow to take photos and I will post them up tomorrow evening.

 

I'm now aware of a couple of other people who have previously parked in the car park and have received parking charge notices from Parking Eye.

 

One person received his notice a few months ago and has ignored them.

They keep writing to him and threatening court action but haven't followed through on it yet.

 

The other person is in a very similar position as my daughter

(disabled driver with blue badges on display, parked late in the evening, didn't see any signs).

 

He had submitted an appeal to Parking Eye but Parking Eye are not acknowledging the appeal and keep writing to him but make no mention of the appeal he has submitted.

 

He has told them that until they respond to his appeal he will not engage with them any further.

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as it is anpr capture the blue badge bit is irrelevant, they wont know and it is private land and blue badges dont exist as far as the law goes on private land in England

 

concentrate on the signage and lack of lighting and that means it yourld be very likely she was unaware that a contract was been offered in the first place.

The parking co's wont agree with this but a court will

 

get the evidence of poor signage and lack of lighting

once you have it let PE know that thsi is the reason for appealing

and should they decide not to cancel not to waste time getting stupid dca's to write scary letters but to take the matter by the horns and either sue or drop the matter completely

 

Being forthright not only provides a paper trail that they will find awkward

(it makes it harder for them to tell lies about trying to resolve the matter)

but lets them know that you are up for a fight

and that will cost them money they arent going to recover by threats

Edited by dx100uk
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  • 6 months later...

My daughter has now received a county court claim against her for this “parking ticket” submitted via moneyclaim online.

The issue date is 18 October 2017, so we have a couple of days to respond to this.

 

I know that she needs to submit that she intends to defend all the claim but we would both deeply appreciate any help anybody can offer us with entering a defence please?

 

I thought my daughter had written to parking eye to dispute the parking ticket but it seems that she didn’t.

Does this affect her chances of successfully defending the claim.

 

She is also incredibly nervous about attending court to defend this claim.

Is the anyway I can act on her on her behalf and defend the claim etc?

 

Thank you for all and any help anybody is able to give. Xxx

4519925D-07F0-4CD2-A149-F00B737604B4.jpeg

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don't need to see the claimform:

 

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

My daughter has now received a county court claim against her for this “parking ticket” submitted via moneyclaim online.

The issue date is 18 October 2017, so we have a couple of days to respond to this.

 

I know that she needs to submit that she intends to defend all the claim but we would both deeply appreciate any help anybody can offer us with entering a defence please? not yet

I thought my daughter had written to parking eye to dispute the parking ticket but it seems that she didn’t. - oh well

Does this affect her chances of successfully defending the claim. - not really

 

She is also incredibly nervous about attending court to defend this claim.

Is the anyway I can act on her on her behalf and defend the claim etc? you can, but not in court

 

Thank you for all and any help anybody is able to give. Xxx

 

 

see above

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... 

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Thank you for the link, I am in the process of putting a defence together.

There is one thing I’ve noticed is that on the claim particulars parking eye states the claim is in relation to a parking charge issued on 29 March 2017.

 

However on the first letter received from Parking Eye it states the event happened on 24 March 2017 but the parking charge was issued on 29 March.

 

I know it’s being pedantic but is it relevant that the issue date is not the actual date the alleged parking violation happened?

 

Could a defence be enterted that my daughter was never parked at the Lido on 29 March or is this just a waste of time and instead we should focus on defending the claim due to lack of visible signage as the car park was unlit and there was no signage or if there was there was it wasn’t visible in the dark.

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no

post 14 please

 

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... 

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I’ve had a good read through the very helpful guide in the link suggested.

 

Please could somebody check if this defence is ok to enter please.

I would be very grateful for all and any feedback please.

 

[removed] - dx

 

Name of the Claimant ? Parking Eye Ltd

claimants Solicitors: Rosanna Breaks (claimants legal representative)

 

Date of issue – 18 October 2017

 

Date to acknowledge- 06 November 2017

Date to submit - 17 November 2017

 

POC

1.Claim for monies outstanding from the defendant, as registered keeper, in relation to a parking charge issues 29 March 2017 for parking on private land in breach of the terms and conditions (the contract)

 

2.Parkingeye’s automated number plate recognition system, monitoring Lido (1) Eltherbert Terrace, Margate, Kent. CT9 1RX Caputured vehicle ******* enetering and leaving the car park, parking without a valid paid parking ticket.

 

3.The signage, clearly displayed at the entrance to and throughout the car park, states that this private land, is managed by parking eye ltd and is a paid parking site, along with other T&C’s by which those who park on site agree to be bound. In accordance with the T&Cs set out in the signage the parking charge became payable.

 

4.Notice under the protection of freedom act 2012 has been given under Sch 4 making the keeper liable. The claim is in reference to parking charges xxxxx

 

What is the claim for- parking charge

 

What is the value of the claim? £175

 

Has the claim been issued by the Private parking Company - yes by Parking Eye Ltd

Was the PCN assigned and it is the Debt purchaser who has issued the claim ? Don’t know

 

Were you aware the account had been assigned. Don’t know

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please don't use that defence above now removed

that is out of date.

 

await eric's post

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

dx

 

to the solicitors

 

[Your address]

.

 

[Their address [solicitors]

.

[Date]

.

 

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

 

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

 

you defence is not due till day 33

 

get the above done

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... 

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Whilst DX is correct that you cannot ACT for your daughter in court,

you can attend in the capacity of a 'McKenzie Friend' and feed her questions to ask the claimant (or their representative), write down answers, keep and hand over papers at the correct time etc. Google 'McKenzie Friend' and scroll down to the Wikepedia entry to see the litigant in person's rights of representation.

 

The acknowledgement of service and CPR 31:14 request in post 21 should be in your daughters name only.(DX has posted his generic form)

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Thank you all for your very the helpful advice and support

- I had adapted the defence that was in the in the link I was given so I’ll delete that defence immediately so we don’t get confused.

 

MCOL part done, so I’ll get the letter done immediately.

 

To save time can I email the above letter as well as sending a hard copy?

Just to check any letter I send should be sent recorded/signed for to ensure they get them and I can prove they get them.

 

Just a quick question,

in parkingeye’s POC they mention terms and conditions which are set out on the signage.

 

Should I request those in the letter or are they covered by contract between parking eye and the land owner?

 

Should I also obtain photographs of their signage and also of the car park and the fact there is not any signs in the actual car park and there is also very limited lighting.

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Hi

Absolutely get pictures of the car park and the lack of signs and poor lighting. On some older signs, the terms and conditions are placed in a way that makes it difficult if not impossible to read, even in daylight

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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you do not use email!

just gives them a free method to harass you.

 

you don't need recorded either

simply use the 1st class post and free proof of posting from the PO counter

all you have to do is prove it was sent.

 

you don't need to send anything else

if they have a contract

they will have to produce it at disclosure stage if the claim ever gets that far.!

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... 

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you get your own pictures of the signage and note where in the car park the signs are, their size, height etc.

The contract with the landlord wont have anything to do with the contract offered you.

 

PE will produce a plan of their signs and probably a computer generated copy of what they say is there.

You will need to show that a computer generated or daylight photo of a sign doesnt represent what you saw as you entered the car park on that day.

 

the parking co's tend to not gather the evidence but tell a story they want heard so it isnt that important to get them to show what is there, let them say one thing and you prove another. That will mean that their witness statement is untrue andthey can then run the risk of getting a holiday indoors for perjury.

 

If you are using MCOL then you dont need to send a hard copy to court,

just to PE or their solicitors as a matter of courtesy and best practice.

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The letter has been sent, so just waiting for a response.

 

The date of issue of the claim was 18 October and on MCOL it confirms that AOS was received on 30 Oct at 8.01am.

 

Am I correct in thinking the defence has to be enetered by 20 November?

 

Ideally I’d to get the defence entered at least a couple of days prior to the deadline just to make sure everything is done and dusted and there is no chance of PE sneaking in a default judgement.

 

I have taken a variety of photos of the car park, all of which show that there is very limited signage and none of them easily (if at all) visible in the dark, especially in the area where my daughter’s car was parked.

 

The signs at the entrance of the car park are all unlit so not visible in the dark. The street lighting is too far away for them to offer any benefit to make the signs visible in the dark.

 

The is no lighting in the car park.

The ticket machine is powered by solar panels but apart from the LCD screen on the ticket machine, nothing else is lit up.

 

The automatic registration reader is on a pole next to the ticket machine

 

I had to really search for any signs indicating that there was a charge for parking and only sign I managed to find in that part of the car park is impossible to see or read in the dark.

 

The sign with the terms and conditions would also not have been visible as they face away from the entrance of the car park so car headlights wouldn’t even have helped make them visible.

 

The lighting in the area of the car park where my daughter parked is extremely poor,

the only lighting appears to be a couple of security lights (the sort you have in your garden) on the entrance wall of the venue and the one sign I could find in this area of the car park is nowhere near these lights so would not benefit from the miminal lighting that the car par has.

 

Should I start composing a defence that centres around the lack of visible signage and that PE failed to ensure signage was identifiable, easy to read and therefore enforcing a parking charge is unfair.

 

Further photos

 

I’ll give it a go - thank you for the link and I’m sorry I didn’t follow this format first. I’m not always the brightest fairy light on the tree 😂

 

I hope I’ve done this correctly.... like I said I’m not the brightest fairy light on the Christmas tree.....

 

I’ve been reading through the successes in get an idea of what to do/ what’s to come etc.

 

Am I right in understanding I need to enter this as the defence by 17 November?

 

there was no breach of contract so no cause for action by the plaintiff against the defendant

 

I’d like to get the defence in ASAP as I’ve got a lot of things going on atm

(I’m struggling with some complex medical conditions and the weekly treatment sessions I have at the hospital are knocking me sideways,

plus my husband has just had major surgery so there is a lot going on right now and I’m terrified of missing the deadline etc).

 

I’m not looking for sympathy etc,

I just wanted to explain in case I don’t respond immediately and it appears I’m ignoring anybody.

I promise you I’m not, it’s just sometimes I’m not well enough to give a coherent response

 

Just as a side note,

I’m really quite bewildered and amazed (not in a good way!) by the amount of people who ask for advice,

which is then very kindly given by you all and then the poster goes rogue,

ignores your excellent guidance and enters a completely defends.

 

They then discover going rogue was a huge mistake and they’ve ended up in a huge heap of doo doo so they come back to this site asking for further help to fix their screw up.

 

Why ask for help if you aren’t going to listen and use it????

 

I don’t want to be one on “those kind of posters” that I’ve just ranted about

- so please smack me with several times with a very large and smelly virtual wet fish if it even remotely looks like I’m going rogue

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