Hi Guys,

I am here looking for some help with a matter regarding a parking eye court claim sent to my partner that arrived last week.

This is the first we have heard of any infringement and have had no prior correspondence or mail from parking eye .

Our Front door opens directly onto the pavement and we do get occasional issues of children pulling mail that hasn't been pushed all the way through, out of mailboxes as they run past and throwing them all over the close.

I have been scouring the internet for advice but can't find anything for this issue as yet

I am about to send a letter to parking eye and a response to the Claim court but don't want to make any glaring mistakes

any help would be gratefully appreciated

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***(1-Viewing)-nbsp

fill out the above please

Name of Claimant.............. PARKINGEYE LTD

Claimants Solicitor............. ROSANNA BREAKS (CLAIMANTS LEGAL REPRESENTATIVE)

Date of Issue................... 25th June 2018

Particulars of Claim...........

1. Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, issued 17/03/2018, for parking on private land in breach of the terms and conditions (the contract).

2.ParkingEye's automated number plate recognition system, monitoring site M&U Phase 1, Portishead (Lidl, Travelodge, Subway), Harbour Road, Portishead, BS20 7DE, Captured Vehicle ****** entering and leaving the car park, overstaying the max time stay time.

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

In accordance with the T+C's set out in the signage, the Parking Charge became payable.

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

This claim is in reference to Parking Charge(s) 1/2

AMOUNT OF CLAIM

Amount Claimed £100.00

Court Fee £ 25.00

Legal Representative's £ 50.00

costs

TOTAL AMOUNT £175.00

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 start 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

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

.

it would appear the day of the alleged offence was 13/03/2018 as it is not an area we frequent but had attended aa family dinner at this location at a restaurant called 'The Posset Cup'

we have since returned to the site to look at the signage,

obviously the weather and amount of daylight are different,

but the signs have no direct illumination and quite a lot of small print,

on the presumed day of the alleged offence my partner had our 5 year daughter with her and day light was fading fast sunset being about 18:10

The posset cup now displays a large sign on its entrance stating

The Posset Cup

Customer Notice:

Register your full

correct number plate

to extend your

parking limit to

5hours

ask a member of staff at the bar for

instructions

ok well get post 4 done

that's the important bits to do

we can worry about the other stuff later.

but whatever you do DO NOT miss your defence filing date!!

In the meantime please do not contact PE since there is a danger that you may identify yourself as the driver.

At the moment they only have the address of the keeper who is not necessarily also the driver.

Courts know this but parking companies tend to gloss over that hoping that the keeper will not know and thus force them to pay up as they think they will lose in Court.

Properly defended cases rarely lose.

Once you have all the knowledge needed you can then write to the Court and destroy their stupid claim perhaps so well that they decide not to turn up.

[it often happens-when they see the defence .]

Sometimes the reason you get no prior notices is that you may have moved house recently and you have not notified the DVLA of that change.

As there has been no reply to their letters prior to issuing a Court claim they may have rechecked your current address.

To help build a strong case for you we do need photos of their signs at the car park especially

at the entrance;

pictures of other signs that have different charges or terms to the one at the entrance and

pictures of the ticket machine if there is one.

PE tend not to observe the Law in their car parks so usually do not have permission to erect signs or ANPR cameras on site [illegal not unlawful -there is a big difference]

neither do they often have permission from the landowner to institute proceedings against motorists even though they may have it from an agent of the landowner.

It is therefore very worthwhile to check with the local Council planning department to confirm they have planning permission for notices and ANPR [two different permissions] already in place.

A check with the Land Registry will confirm who the current landowner is and they may not be the same company that had an agreement possibly via agents with PE.

I appreciate there are a few things for you to do and you do not have a great deal of time but it should save you paying out any money to PE.

Have been on the MCOL website and completed Acknowledgement of service.

'Your acknowledgment of service was submitted on 07/07/2018 at 23:21:04'

I have drafted the CPR 31:14 letter

and will post first thing Monday Morning

would you recommend registering the letter ?

just use free proof of posting via 1st class stamp available at any PO counter

you only have to prove you sent it.

get reading up on like threads

CPR 31:14 SENT and proof of posting filed

should i post photographs of the car park signage, receipt from the restaurant (The Posset Cup) here as i collect them ?

to ONE multipage PDF yes ...read upload

but whatever you do DO NOT miss your defence filing date!!

we dont need to see a restuarant receipt, just the signage.

It is the parking co that offers you a contract and that is by way of their signs.

Now the owner of the land may have conditions in place that allows its tenants like the posset cup to get any parking charges cancelled so do chase that up as it may remove the right to make claims from PE.

try yo get it in writing, generally an email will suffice and going in with a letter to sign may well raise suspicions.

Dont use email for communication with PE though.

CPR 31:14 SENT and proof of posting filed

should i post photographs of the car park signage, receipt from the restaurant (The Posset Cup) here as i collect them ?

We don't believe this signage was in place at the time of the alleged incident (13th March 2018) and believe that this may be as a direct result of ParkingEyes negative effect on its clientele .

Which Would suggest any "loss" to Patronage or of 'Good will" may be as a direct action of ParkingEye and not customers using the car park ??

how do i attach a PDF ?

I note in a previous post from a fellow user

https://www.consumeractiongroup.co.uk/forum/showthread.php?487056-Parking-Eye-ANPR-PCN-M-amp-U-Phase-One-Portishead-(Lidl-Travelodge-Subway).

who has a very similar incident that he has received a letter from Tom Coleman , Deputy Manager of the Posset cup I am currently in Wales but hope to Get images of most Signage this weekend

Posset Cup Sgnage.pdf

so, read the sign and it makes it seem if you break the conditions laid out by the little pictures then you owe them £100. Doesnt say a thing about staying longer then 2 hours, esp when the stay can be extended at whim so noty a breach of contract. Thismay seem like a small point but that is how these people work.

Now we need to see the signs as described by Tom and then you fnd out if PE have planning permission for them.

I would also be inclined to contact John Hutson CEO of Wetherspoons and Tim Martin, its founder. The latter is not the friend of red tape and might just say something to PE's owners if it looks like his customers are being screwed by stealth so lay it on with a trowel. They no longer use social media so linkedin or pen and paper

I spoke with North Somerset Council with Regard to planning applications for

! signage

2 ANPR Cameras

Nothing on record for the location or for ParkingEye could be found on their system

However he did reiterate that this does not mean it does not exist as it could have been registered by a third party

I hope the images are legible

We have been told the Wetherspoons (Posset Cup) number plate terminal was added around the 16th of March But are not sure when the signage was amended, or new Terms and Conditions stickers where added to signs ?

pix.pdf

thread tidied

the experts will be along tomorrow.

so the new contracts offered by the signage only came into force after this event.

that is something to hit them with.

I hope that you can get that in writing from the pub or from wetherspoons head office.

Now the second sign is offering you nothing as it refers to other signs that have the contract on them.

that however doesnt say that you cant park or have to accept these conditions

and is at best an "invitation to treat

and at worst if you stay more than 2 hours you are trespassing

and that isnt a contractual matter

and nothing to do with PE as only the landowner has rights regarding damages for trespass.

Is there any Legal reasons that the Terms and Conditions have been changed by means of a Sticker ?

ie whats in The new T's & C's that was not in the original ?

and is there any onus on ParkingEye to notify users that it has altered the signage and the fine print ?

A7 New T's and C's Sticker.pdf

A2 Original Terms and Conditions.pdf

Probably had to change them due to the new GDPR rules that came in to force on 25th May 18 and a sticker is cheaper than a new sign.

I don't think that there would be any legal requirement to notify anyone that the T&C's had changed. ParkingLie would probably argue that it is up to the users to check the T&C's each and every time that they wish to use the car park. Like anyone does

Yesterday we received a letter from ParkingEye in response to our reply,

please see both attached

i think we must be very close to the date to lodge a defence ?

please advise

Also as a matter of interest the documents sent are all in my partners Previous Surname and not not in her legal surname , Ie on her passport and drivers licence and DVLA log book.

Further investigation into the site Revealed

SITE M & U Harbour Road Portishead

10/P/0144/F (3/3/201)

Food Store / Hotel / Move Park & Ride

Decelopers Pemsimmon

Agents DPP Planning Consultants (Gary Sutton)

Kenwright Developments (Mr Kennedy)

MW PROPERTIES (G8) LIMITED, CUSTODIAN CAPITAL TRANSFERED TO REIT

IS THIS OF ANY HELP ?

Copies letters from ParkingEye

PCNs+PE Letter 20-07-18.pdf

Don't worry about the missing documents-they probably haven't got the permissions they should have which is good news for you. However they should have sent you their Notice

to Keeper and presumably the comics sent by their unregulated debt collectors. Please post up the NTK and anything else they sent that is relevant.

uploaded PDF's merged to post 20

CPR 31:14 removed

please read the top red line after clicking our cpr 31:14 link in post 4

thread tidied

What do i need to do to lodge our Defence ?

due by 4pm tomorrow

your defence at this point should be short and simple.

No monies can be due by the defendant to the claimant as there was no offer of a contract made at the time so there can be no breach of contract.

The signage the claimant relies on to form a contract was not in place until after this event and in any case the defendant believes that the claimant does no have planning permission for its signage and ANPR equipment so cannot invite the defendant to enter into a criminal compact.

Even that may be a bit long and detailed but give you a couple of points to add to and argue about later.

As for the non delivery of the letters, that tey can show they posted them is enough so what about this incorrectly named bit.

Where would they have got that from if not the DVLA?