Name of the Claimant Parking Eye

claimants Solicitors: rosanna breaks

Date of issue – 03/09/18

Date to submit defence = 05/10

What is the claim for –

1.monies outstanding from the defendant, as registered keeper, in relation to a parking charge, issued 31/05/18, for parking on private land in breach of the terms and conditions (the contract).

2.Parkingeye's automated number plate recognition system, monitoring campanile liverpool queens dock, l3 4aj, captured vehicle entering and leaving the car park, parking without authorisation.

3.The signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by parking eye and authorisation is required to park, along with other T+C's by which those who park on site agree to be bound.

In accorance 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 sch 4 making the keeper liable.

This is in reference to parking charge ####

What is the value of the claim? £175

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 ? PPC

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

I havnt done anything yet, I am in the process of sending the CPR 31:14 off

Do i need to acknowledge the CC forms

Any help will be appreciated

Go on 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 through to the end

confirm and exit MCOL

The team will be along with more advice soon.

and then fill this out too please

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

1 Date of the infringement 31/05/2018

2 Date on the NTK, dont know this as I ignored them and binned the letters

3 Date received dont know

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] dont know

5 Is there any photographic evidence of the event? yes

6 Have you appealed? no i have ignored everything up until the court letter from today

7 Who is the parking company? parking eye

8. Where exactly, campanile liverpool docks

official body BPA

ok a little bit of info I have found out digging around online

Address:

Campanile Hotel

Chaloner Street

Liverpool

L3 4AJ

Tenure:Leasehold

campanile dont actually own the land, they just lease it so if I have read it right, I dont think they will have the land owner permission to do this kind of stuff.

Parkingeye havnt applied for any planning permissions at all throughout the whole of liverpool for anpr or signage/displays accoring to the local councils website which tells you of every planning application made for liverpool

Am I barking up the correct tree here in making a defence

on the right lines

is this port authority land?

if so bet there are byelaws?

Am not sure. I will look into it tomorrow

Regarding the lease, if the landlord gives the leaseholder the right to do want they want then there may well be a chain of authority and it will be an absolute sod to actually find out whether this applies or not as you cant force anyone to hand over the contract without spending a lot of money.

However, that isnt to say you shouldnt raise the matter in your defence because if you also use the lack of planning argument you may well tip the balance in your favour as it will be 2 things that are going to be questionable.

Now, what about the signage at the place?

what terms were offered and does it create a contract with you?

That may depend on why you were there so you will have to tell us the purpose of your visit.

If you stopped in the hotel then they have a duty to tell you that they are forcing you to agree to a contract with a third party as part of the conditions for staying with them

I fear that by leaving it this late you have missed that particular boat but worth considering along with the above. If you werent stopping then it will boil down to the offer to park made by the signs.

I will get some pictures of the signs asap because I didn’t actually see any when i entered the carpark and its a place i used to always park without any hassle. I was the driver as well but this has all come to my partner as the registerd keeper

Hi

I have had a look on Google and although the images were from last year, the only sign I could see was for the casino next door. There was nothing at the entrance to the hotel site so we do need up to date pictures

as you are not the person being sued we will refer to YOU when we mean the defendant, even if that is your partner. It makes things so much easier.

You havent answered why you were there, it is important because other contracts with trump this one may be in place when you go there.

I was there to meet a friend for some lunch in the restaurant. I don’t remember seeing anywhere that you would have to give notice of your car being in the car park or you would be fined/charged

Ok,

the if the resaurant doesnt have notices in it saying by eating there you are agreeing to pay some bandit £100 then you may well not have entered a contract with said bandits.

The signs themselves are only part of the offer and consideration and finally acceptance.

If you cant see the signs and the occupier of ther land invites you to stay anyways then the parking contract is not fulfilled so you cant be said to have broken it.

these small bits will make or break this claim so get photographing and revisit the restaurant and see what notices they have about use of their car park being subject to conditions.

If there isnt anything dont be afraid to ask but try and avoid saying why you are aksing or they will become very defensive, the parking co's can be quite aggressive in demanding the right to chisel as much as they can from the hotel customers without having to cancel their charges when they are wrong.

often it is written into the contarct they will only have to cancel a certain number a month even if they are all issued incorrectly.

That menas the occupier is them bound to help the parking co gain money by deception but no-one will ever get their collar felt

IF there is any signs there, pictures are essential. Have you contacted the Campanile to see if they can help as you were a visitor there. It is the norm that when people visit certain hotels/restaurants that you would input your car reg into a computer at reception. If there was nothing to indicate this then that would also be unfair.

I called and emailed them. The email hasnt been replyed to and the call was answered by a foreign lady who said she would have someone call me back which never happened.

I am going down there over the weekend and hopefully get it sorted with them

you will need to get down there and take pictures.

You cannot rely on others to co-operate as their jobs may preclude them from being helpful as the authority is not there.

get pictures of

the entrance to the land from the public highway and any signs there (or if there are none make a note of that as it will be enormously helful)

pictures of the signs in the car aprk and make a note of their size, and placement, is how many and where are they

- stuck behind a wheelie bin doesnt allow you to consider them and if they are in awkward places

take pictures to show the obstacles as well, the worst light you can show them in the better.

The go into the hotel restaurant and note any signs in there regarding warnings about parking.

It may be possible to consider that if there are no restrictions shown inside then the contract doesnt apply but that is not a clear cut strategy but worth using in conjunction with poor visibility of signage elsewhere.

agree that unfair contracts terms can apply and that voids the contract if you dont want to be bound by it. Now the contract offered by buying tea and biccies that doesnt mention the £100 parking fee would be considered unfair if your decision to go there was based on what the hotel offers you so look at their website and see if when they wax lyrical about visiting their restaurant it mentions paying a fee to PE to get in. Basically damn them by their own words

Thanks for the advice. I have been over the website and it doesn’t mention once about paying to park. It actually advertises free parking. Which i have the screen shots of. I will be getting pictures and details of other signs over the weekend

good. The website free parking also helps your case as it doesnt mention any conditions or warnings about a third party trying to rob you blind. You can claim that the occupier has offered you these terms which trump the PE contract

Thanks again. How do i put all this onto my defence?

Do I log back into the gateway and enter my stuff onto there?

Same way you did AOS

But not yet!!

Did you do all of post 2

Yes i done all of that

good

take you time weeks yet till day 33 deadline

have you got the piccies yet?

I have some, had do i upload them onto here

read upload

one multipage PDF only please

see if that has worked

I think the pdf file with the pics of the "signs" in the hotel has worked and uploaded

I actually laughed when I went in the car park and seen them,

Some are hidden behind parks cars and trees and the rest are pointed in different directions actually facing the building, so unless you walked right up to them to see what they actually were you would have no clue what they are.

I went in the restaurant and again there are no signs anywhere telling you what to do, there is a small printed out piece of paper with the words "enter reg here" stuck to the wall by a computer on a stand

there is no other instructions what it is for or what to do

campenile pics.pdf