Hi all.

I hope you can help.

My daughter received a parking fine from these fine chaps at parking sly.

details listed below as requested.

Thanks in advance.

Name of the Claimant ? PARKING EYE LTD

Date of issue – 28/03/17

What is the claim for –

1.Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, Issued 28/10/16 for parking on private land in breach of the T+C's (the contract).

2.Parking Eyes ANPR system, Monitoring Euro Garages Deeside service Station,Parkway,Deeside industrial estate, Deeside, CH5 2NN, captured vehicle ******** entering and leaving the site, overstaying the max stay time.

3.The signage , clearly displayed at the entrance to and throughout the site, states that this is private land, managed by ParkingEye Ltd, and is a max stay site, along with other T+C's by by which those who park agree to be bound.

4.In accordance with the T+C's, the Parking Charge became payable.

Notice has been given under Sch 4 of the Protection of Freedoms Act 2012, making the keeper liable.

Failure to update the keeper details with the DVLA resulted in the re-issuance of correspondence, permitting reduced payment.

This claim is in reference to Parking Charge(s) 3822**/******

What is the value of the claim? £175.00

Has the claim been issued by the Private parking Company

or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Parking eye.

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

Hello FL, nice to see you again. I'm sure the experts will be able to help you.

Best, HB

They'll certainly be advising you not to use the term "fine"!!!

Hi HB. Good to see you again too. Glad you're still fighting the good fight.

Oddfellow, please excuse my sarcasm. I just can't help myself

pop up on the MCOL website detailed on the claimform.

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register as an individual

note the long gateway number given

then log in

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select respond to a claim and select the AOS box.

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then using the details required from the claimform

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defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

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get a CPR 31:14 request running to the solicitors

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don't sign anything

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to the solicitors

[Your address]

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[Their address [solicitors]

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[Date]

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Dear Sir or Madam,

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

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CPR 31.14 Request

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

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

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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:

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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,.

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

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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.

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

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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.

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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.

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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.

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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.

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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.

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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.

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Yours faithfully

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TYPE YOUR NAME DO NOT SIGN IT

DX. Good to see you again. As usual you're a star. Thank you.

There is no address for the solicitor listed on the claim form.

There is only a name for the "Claimants Legal Representative".

The only addresses on there are for p e

Should I send it to PE's address?

yes PE

Ok, tell us about the event, particularly what the business of the premises is and what the maximum stay time was.

We will also need to see the signage at the site and will need pictures of the entrance from the public highway, we will need to know whether the signs are illuminated (so time of day of the event will be needed) and whether any signs scattered about the place are different to the one at the entrance.

PE's newer signs are generally hard to knock back so your daughter will also need to note the position of the signs on a simple plan of the site and show where her car was parked.

The car park is used jointly for Starbucks, the petrol station shop which contains a subway and mac Donald's.

Also there is a car wash on the site.

The car was parked there at 4 pm in October.

So still light.

I'll get the pictures sorted later today and post up.

The maximum stay is 2 hours apparently.

The car was left there overnight.

I know she is in the wrong here by the way but I just hate paying these leaches!!

Thanks for all your help. You're awesome.

Ok, why was the car left there overnight,

does she work there or some compelling reason.

We did ask you to tell us about the event so please enlighten us.

we strongly dislike these parking co's making money by nefarious means but sometimes people have to accpt that they are their own worst enemies

We will need to know who owns the land if that is possible to determine,

it is unlikely to be any of the businesses there but often the wrong permissions have been given to PE so they dont have a legal basis for their claim.

your daughter should be doing some research into these matters or just do what most people in their twenties do and say it isnt fair and expect you to pay up for them,

Thanks rricsbrother but I wanted legal help and not a lecture on how my daughter or I should behave.

If you can tell me if they have the right to do this or if it's all bs as usual I would be more than grateful.

If dd is in the wrong then she will pay. Not me.

if you answer the questions then you will get the advice that is pertinent to the situation.

It is difficult to give advice when we are getting the informaion through a third party,

this slows things down and the small differences that make or break a claim get missed so we would prefer it if you could get her to post for herself and that way we lose nothing in translation.

So far we know nothing about how this has come about,

there are thousands of threads in this forum and the rerquirements of what information is needed is made in most of them.

If you can read a few you will understand the what, wheres, whens etc.

If that is not forthcoming we cant help you

as for telling you whether they have a right, we dont know until we have all the facts.

In the meanwhile she should defend the claim by ticking the relevant box on the N1 form saying defend in full or go to moneyclaimonline and set up an account and do it that way.

As much as you want to help she has to do all of this because she is the one being sued and will have to attend court to defend if necessary not you.

as for the lecture?

I have 2 daughters of that age and I have to deal with this kind of thing on a regular basis but nothing seems to improve

so forcing them to do some of the donkey work may make them appreciate that it is of their making.

I have looked on Google Street View at this site. There is one small sign on entry to the site but it's too far away for me to see the full details AND the image is from last year so signage may have changed in the interim.

Whilst late in the day, I would still try and find out who the contract is with. As there are many shops on the site, there may be a managing agent and if so they would have to show they have the authority to engage a parking firm.

If this is the case (management agency) the landowner will have needed to give them the authority to engage a parking company. Check with the local council on whether any planning permission was applied for the installation of cameras and signs.

As mentioned earlier, count the signs. The one at the entrance is easy to miss as it is surrounded by other signs. Pictures, lots of them and especially where she parked.

have you done post 5 yet FL?

Thanks sf and dx.

Yes post 5 done and waiting for the reply.

Will post pictures of the site later today.

Have requested info from council re pp. still waiting.

Thx again.

pop the pictures all into one multipage pdf file and attach that

then we can zoom at will on them

upload

Apologies for the late reply.

Have received a reply from parking eye.

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PE 31.14 reply.pdf

thread tidied.

so they aren't going to disclose anything until / if it gets to the WS stage.

dx

opps....your defence was due Friday 28th by 4pm.

opps....your defence was due Friday 28th by 4pm.

Oh yes! Shine a lite!

What are my options now? pay up or....................

no just use the two line defence

available on numerous VCS EXCEL BW threads

use our search CAG box of the top red toolbar

file it via MCOL website

Get on to MCOL, do that immediately.

File this.

The defendant denies any contract existed between themselves and the claimant and put the claimant to strict proof of same.

It is imperative that you do this without any further delay. And as you're 13 days late, it's 50/50 as to whether or not you're going to get away with it. The courts are slightly more lenient when dealing with a LiP, but

All above done now.

Just waiting.

Thanks for your help DX and DF

what happened??