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katcapstick

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  1. Hi all, I have a draft defence ready. Are there any experienced members who would be willing to take a look over it if I pm it through? Many thanks in advance.
  2. Have you got any proof that the AA assisted you on that day/time? I broke down in an Aldi carpark and took photos of the RAC van by my car. I also made a small purchase in Aldi expecting to get a PCN as I knew I was over the time limit. I appealed via email to PE and they replied to say the charge was cancelled. Was about 2yrs ago but maybe they still accept appeals like this if there's proof of your breakdown?
  3. I've emailed PE to request a copy of the contract between them and the landowner. They have not replied, quite strange as they've been quick to respond previously. I also called the court to ask about this and they advised requesting it from the claimant and if they won't give you it, then it's something to add to your defence. Hopefully looking to get a draft defence together this week and hoping some experienced members will be willing to take a read over it through a pm.
  4. does anyone know anything about the particulars you are meant to receive? I hear that when the claim is to do with a contract, a separate detailed set of particulars should be served containing a copy of the contract in its entirety. I've not yet received such documents and I'm sure anyone who has seen the court forms will know that PE's 'particulars' are a pretty brief thing just on the front of the form. I'm thinking of contacting the court and enquiring about this- good idea? The defences I've seen tend to be bullet-pointed as if in answer to points point by the claimant (PE) but I don't feel I have enough to go off based on their particulars to do it like that. If anyone has any knowledge on this please let me know. I'd also like to see the contract between the landowner and PE, at what point can I request this?
  5. Requested the proof of postage and did in fact receive a response but no answer to the question (just repeated that 'a letter was sent') and just told me that I now need to submit my defence or pay up. :/
  6. I've already done the Acknowledgement online so that part is sorted. Nev Met: Would you advise me emailing PE about the PoP asap or just bringing it up in my defence? I guess if they say they cannot provide such information then that's a point against them. It's just confusing on whether I should still be speaking to them now as previously they had said they weren't communicating with me on the matter then recently having been accused of harrassment I don't know where I stand on that front! Is it worth asking them for their contract w/ the landowner too or as others have suggested, there's some kind of form to request the document- though I don't really know and what stage and how I obtain this. The solicitor thing is worrying as I would have to find someone in 14 days presumably to help with my defence. Or would the right course of action be to put together my own written defence the best I can following everyone on here's advice and then a solicitor gets involved when it goes to court?
  7. Thanks guys. I believe the 14 days (following the 5 days after the papers were issued) is up in around a week so we'll see what happens. If nothing comes through I shall ring the court to check. Am I right in thinking that if they proceed and get the claim details sent within their time allowance, I don't actually prepare a written defence and it is dealt with in person in court? I'm hoping if that's the case then citizen's advice can help with sorting out how I go about getting my own solicitor as I've never had to do anything like that so wouldn't know where to begin! I'm sure there's an option to defend yourself but would rather enlist someone who knows their way around the law. I presume if I had to pay a solicitor, I could claim the cost back should I win? That's an interesting point on the mail system Nev Met. I wouldn't want to go in all guns blazing without concrete confirmation of who they use and how but very good to know that seems to be what's thought. Good to bring it up in case they can, and should be able to prove the letter was sent if indeed it was.
  8. Okay so I should receive this in the post then? I presume this means I definitely have to attend a hearing? I haven't had any further 'details' other than the couple of sentences which are on the front of the court papers- what sort of thing should I expect to receive? When should they have sent this sort of thing by? I actually contacted the hotel to enquire who the landowner was and received a helpful reply from someone there. However must've been forwarded to PE as they've sent quite a nasty response really saying I'm not to contact any third parties as they are dealing with the claim and are authorised by the landowner to do so?!
  9. I have already submitted the acknowledgement so just trying to gather everything for the next step. Do they send more forms now I've done this or do I just use the original ones and get them back to the court within the time limit? I've now emailed the hotel to enquire about who owns the land. I'll see if they respond.
  10. Having looked at pictures, the sign is quite high yes (higher than a car anyway). It is at the entrance but to the right and pretty invisible in the dark. Should this be my main defence? Do I state in my defence that I want to know who the landowner is, whether PE has the right to represent them and if they have planning permission for signs? Or should I try to find this out myself to note in my defence? I will certainly state that I want to see the contract between the landowner and PE.
  11. thanks for your help everyone. In my first instance, I'm just going to return the form requesting the extended time to put together a defence. I could ask them for proof of postage for the November letter though they have already said that weren't prepared to communicate further with me on the incident. Plus, can they really provide any proof for a letter? I'm not sure how companies like theirs send them out. I'll check the photo of the sign later and post it up word for word. The sign was indeed at the entrance of the car park however as mentioned, the sign was not lit and the car park in general was very dark (only a bit of lighting at the entrance of the gym so almost pitch black by the entrance of the car park). I'll try and post up my pictures of the signs I sent to PE to demonstrate this. You'll also then be able to see that the colour of their sign doesn't help- the gym's sign is white and reasonably visible but PE's is pretty dark in colour which doesn't help things. I worry that it will work against me that I have admitted to them that I did get out and read the sign after driving in, I realise now this was a mistake. My thinking was that as I had already driven in, the damage was done. There's no mention of a 'grace' period (like 15 mins or something) on the sign as others have suggested they operate on so I wasn't aware of that if it's true. I intend to write to the gym to enquire about who owns the land and whether they can tell me if rights have been passed to PE to issue proceedings against 'trespassers'- is this the best course? I worry they may take a long time to reply. Would emailing them be as effective? Will they also know about planning permission for the signs or do I ask somewhere else about that? If they don't have planning permission, what does that mean for me and my case? I'm almost sure I didn't receive any POPLA info until May this year (incident was October last year) I will try to find the letters and check. As far as I can tell, they received my appeal by email by the 1st November last year and the letter I never received would have been in response to that however I don't think there's any POPLA info in the digital copy- I'll check this. If not, would this mean they haven't given me the info within the 35 day limit? They could possibly claim that it was in the envelope but not attached to the digital copy letter?
  12. @ ericsbrother thanks so much for your response. I'm just looking at the picture I took close up of one of the signs. I can't see that it uses the word 'trespassing' on it. It says 'authorised users only valid pass must be displayed in vehicle'. It doesn't mention a 'contract' per se, it says 'failure to comply will result in a parking fine of £100'. 'by parking in this car park, motorists agree to comply with these regulations. Should a motorist fail to comply with these regulations, they accept that they are liable to pay a parking charge'. Are they claiming that I'm trespassing or just breaking the conditions of parking? (by not having a badge) It says 'Private car park'- does that make it clear enough that I'm trespassing? Is that what they're suggesting? I've claimed that I couldn't see the signs until I got out and read them, which is true and I have some pictures which clearly show that's the case, but they could say I should have left right away? I did get a POPLA code, albeit a long time after the incident, and chose not to appeal to them- I think that will work against me? When does the 35 days start? How can I find out about planning permission for the signs? Should I write to the gym about this and the lease too? I'm worried that will take too long to get a response. Could I email them and ask for the info? Can't get my head around what a 'unilateral contract' is? does it mean they are just dictating the terms to me? Couldn't I just have left if I didn't agree?
  13. Hi, New to the forums and sorry if there's stuff on this elsewhere but most advice seems to be for those who've overstayed in a retail/supermarket car park etc. but my case is a little different. I first received a letter from Parking Eye dated 24/10/12 (yes, almost a year ago now!). I was going to pick up my friend who lives in some high rise flats close to a city centre. I didn't know the area and couldn't find anywhere close to park that wasn't double yellow lines. It was approx. 6:30pm and dark at this point and as I was only collecting her, drove into a small carpark close by to call her. I hadn't seen signs driving in (as I said, it was dark and these were not lit- nor was the carpark at all) so only read the sign when I got out of the car. Alas- Parking Eye! (I've had a dalliance with them before after breaking down in one of their car parks- email appeal was accepted) This particular car park was for a hotel's gym and there was no allowance for a limited time of stay; you had to have a badge displayed (something the gym gives members I presume) or else you are considered to be trespassing- no opportunity to pay. Now, knowing how Parking Eye works, I knew I would receive a notice anyway since I'd already driven in so I thought I may as well wait for my friend. Unfortunately she was having her hair coloured by a hairdresser friend and I ended up waiting there for approx. 40 minutes- still not a lengthy stay I would add. I emailed appeals @ Parking Eye as soon as I received the letter to say all of this. In addition, I noted that the car park was virtually empty and had photographic of such and therefore the business was not losing out by me being there for the short period of time; it was after 6pm, meaning that the vast majority of commuters and shoppers, of which I was neither, had left the area (the type of drivers whom they aim to discourage from using private car parks such as this one) and that I remained inside the car park for the full amount of time- I did not leave the car and would have happily moved on if someone at the premises had asked me to. I received an email back from them (so essentially an acknowledgment?) to say thanks for contacting and that me address etc. must be at the top of the email for appeals to be considered. I replied with the same email and put the details at the top to make sure I'd done everything asked of me. I got another auto response so presumed everything was received okay. I then received a letter over 8 MONTHS later (dated 16/05/2013). This letter said that they had asked for further evidence- which they had not; I had only received the letter in October from them. I emailed them again summarising my argument to then be met with another auto response saying they had changed their process and now appeals must be submitted through their site. I did as was told and found this process very frustrating as characters were limited which forced me to attach a word doc. to their form containing my argument. I made it very clear that 8 months was a ridiculous amount of time to let pass without contacting me and I believed this was deliberately done in the hope that I would have no evidence to give as it could have been lost/forgotten. Incidentally, I had my phone stolen in April which had the images of the empty car park on it. I have a crime ref. number to prove this. I took a screenshot of my form submission. In July I received another email from them claiming that they had asked for more evidence and I had not provided anything (no acknowledgment of my online appeal) and that my appeal had been rejected and that I must pay. I then emailed [email protected] in response to the letter; again reiterating my argument and my anger at not receiving any communication for over 8 months leading me to believe my appeal had been accepted. I attached the screenshot of the form submission and demanded to be contacted on the phone or via email by an actual representative rather than an automated system which hadn't acknowledged anything specific that i had said. Sure enough, someone 'real' replied the following day (with no name).They said they were now reviewing my case. They attached a digital copy of a letter dated 6th november which I never received and am dubious as to whether it was actually sent, saying that my appeal had been rejected. I replied to say that the November letter had not been received and if it had, I would surely have responded as I have done at every opportunity to try and resolve the matter. I then actually went back to the carpark (careful not to park in it!) and took photos in the dark to show how unvisible their signs were. This car park is seriously pitch black! I attached these and reiterated my argument AGAIN. They responded to say they were "fully compliant with British Parking Association regulations on signage, and confirm that there is adequate signage at this site that is visible, appropriately located, clear and legible, so the Parking Charge is fully enforceable." They then told me they were not prepared to communicate with me further on the matter. Also worth noting that I did not appeal to POPLA following online advice which said that if your appeal is based on mitigating circumstances (which it was; emptiness of car park, time of day, length of stay, me being with the car, inadequate signage etc.) rather than law it was likely to be rejected. I've now received this court claim form. I intend to defend the case- if the resounding advice is that I have one?! I'm just unsure of what to put on my claim form. Also, the claimant is listed as Parking Eye NOT the landowner. I once read that legally, in these cases, it should be the landowner who issues proceedings not PE or the case is essentially void because the 'contract' is with the landowner. Anyone know if that's right? I also read that in these sorts of cases, they need to prove that my trespassing has cost the business money- is that also true? If anyone can point me in the right direction of what to base my argument on or any templates of this sort of thing that would be amazing! Sorry for the very long post but wanted to get all info across. (a young girl who struggles with this legal stuff!)
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