Jump to content

w4ter_Boy

Registered Users

Change your profile picture
  • Posts

    26
  • Joined

  • Last visited

Reputation

1 Neutral

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Hi @dx100uk How would I find that out? Mum submitted all reply's by post. Ps. I will create one PDF for you shortly. Do you want every letter from PE and Court in date order? Thanks, WB
  2. Hi all, please see details below as previously requested. It turns out my mum did have a copy of the claim form (attached). Which Court have you received the claim from: CCBC - Northampton Name of the Claimant : Parking Eye Ltd Claimants Solicitors: None noted. Date of issue: 21/11/2022 Date for AOS - Not sure / don't believe there was was one. Date to submit Defence: Submitted on 06/12/2022 What is the claim for: Claim for monies outstanding from the Defendant in relation to a Parking Charge (reference ***) issued on 28/07/2022. The signage clearly displayed throughout Home Bargains Rhyl, Marsh Road, Rhyl, LL18 2DF states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle *** entering and leaving the site on 24/07/2022, and overstaying the max stay period. Pursuant of Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach. What is the value of the claim: Claim: £85.00 Court Fee: £35.00 Legal Costs: £50.00 TOTAL: £170.00 20221121 - Claim Form1.pdf
  3. Thanks @dx100uk much appreciated. Don't worry too much, I am happy to received additional info tomorrow. I hope the sheep are ok! Regards, WB
  4. Hi all, Thank you again for your assistance to date, I totally appreciate that this is a self help forum, however your responses and assistance with pointing me in the right direction is greatly appreciated. If at all possible, could someone assist me in understanding what to do with the form N180 (Directions Questionnaire) as it has to be delivered by this Friday 10/02/2022. A1 - Do I agree to referral to small claims mediation? (YES or NO) I am unsure how to determine this. B1 - Do I agree that SCT is appropriate? ( I assume YES). D1 - Determination without hearing? (I assume NO). E1 - Hearing Venue - (Choose my local Court). E2 - Expert (NO). E3 - Witnesses ( 1 my Mother). The advise already given in previous posts say to send a copy to: 1. The Court. 2. The Solicitor. - Is this their solicitor, or should my mother seek to get herself one? 3. Keep on file. I don't believe my mother knows who their solicitor is, as foolishly she sent the claim form back to the Court with her initial response / defence form... It was received rather late by her due to Royal Mail postal strikes and then she just panicked due to deadline being mere days away. Quickly filled it in without much though and returned it to the Court. Thanks again, and once we get past the N180 issue / deadline, I will be sure to supply all information that has already been requested in above posts. Regards, WB
  5. Thanks, my take on the signage is that as it’s a shared entrance bother for entry and exiting, PE may argue that they have a sign on the entrance. However, taking example from the highway speed signs. If I was to run into a road / junction that had a different speed to the road I was coming off, Then there would be a sign on both side of that junction. The reason for this, is that exiting vehicles could block the view of the signage on the right hand side. So therefore, I would assume that the signage on the carpark entrance should follow some similar rules. thanks, WB
  6. Thanks, So once my mum returns the Form N180 - Notice of Proposed Allocation to the Small Claims Track Questionnaire, what happens next. You mention Whiteness Statement. Will this also form part of her defence, or will this become her official defence and therefore give her the opportunity to put together a more comprehensive statement. Also, I will see if my dad can get some photos of signage tomorrow whilst I am at work. I may not get chance to reply during the day, but will certainly come back to you in the evening. Many thanks. WB
  7. Hi, Sorry for the delay in coming back to you all. From what I can understand Parking Eye issued their invoice for "Breach of Contract". Please see some attached / listed correspondence that my mum has received. P Eye Letter 01 - 06/08/2022 - Invoice for £85 (ignored) apparent previous letter never received. P Eye Letter 02 - 15/09/2022 Letter Before Action (ignored). Court Letter 01 - Claim Form N9B - Sometime in November 2022 (mum did not take a copy) Court Letter 02 - 21/12/2022 - Acknowledgement of defence form N9B. Court Letter 03 - 24/01/2023 - Form N180 - Notice of Proposed Allocation to the Small Claims Track From what I am told, mum submitted a defence on the the basis of: A) Not seeing / not understanding the entrance sign. B) Not being able to get a space in a timely manner due to the busy summer season. She required a space close to the store as she had a medical condition at the time, so waited until available. C) Only one till open during busy summer season, long queues all leading to extended stay. However, during all this she was never aware of the limitation on parking durations. Personally, I feel that she may have submitted a weak defence. As its breach of contract, I doubt the will care as to how busy the store was that day, as the store has nothing to do with the assumed contract. She also mentioned that she did not understand the the signage as it was in Welsh. Whereby the truth is, that she didn't even see the signage as its on the opposite side of the entrance and it was only after she received the PCN that she went back to the carpark to look, and realised that their was a sign on the entrance, but it was in Welsh. I have also visited the carpark, to look at the signage and due to its position (being on the exit side), I was unable to see the sign on the way in, because as I was approaching the entrance a van was at the junction exiting, and the exiting vehicles block the signage, due to it being on the wrong side. If the sign was on the opposite side, the all vehicles entering would see the sign. However, not being a welsh speaker would still not help. To my understanding, the signs at the entrance instruct you to read the T&Cs on the signage within the carpark. However, if you cant see or translate the sign at the entrance, how are you meant to know to look for additional T&Cs to read. Once again, many thanks to you all. WB Court Ack of defence + PE PCN Renicer + Letter of Claim.pdf
  8. Hi Thanks, I will see what further information I can get from my mother. All I know so far, is that she has received a claim form for the courts and she has filled this in and returned it the the courts. She has disputed the claim on the grounds of the lack of signage along with the welsh language barrier. Since then, she has received a further letter from the courts an N180. It mentions agreeing to mediation and she wants to know if this is the best route? Also, it asks if she agrees for the case to be settled by a judge without either party going to court, again she is unsure what to say. Thanks again WB
  9. Hi, Just after some quick opinions. My mother received a PCN from Parking Eye (which she foolishly ignored) that they are now escalating to court. My question is about what legal requirements are with regards to signage and it placement. I have placed a brief map of Carpark and signage. Could it be argued that their is no signage on the entrance to the carpark however their is a sign on the exit side. Additionally, this sign is in Welsh a language that is not understandable to my mother. However, she genuinely missed this sign due to its position anyway. Is the contract effectively entered into by entering the carpark? if so, would the lack of / position of signage be an issue for Parking Eyes claim. Many thanks, WB & Mum 01 - Entrance.pdf
  10. Hi HB, Thank you for your time. From what I can gather, its not that they don't believe her test results, they just feel that she could still be in the pre-symptomatic stages and therefore the test wont pick it up yet. The employer is being a little "belt & braces" which I assume is totally their choice, and they are willing to pay my sister in full, so they are being fair. Its just my sister is getting down with all these 10 day breaks, whereby her employer expects her to stay home, not visit or be visited by family & no visiting supermarkets etc. Despite the situation seeming fair, with regards to still receiving full pay, the working environment is a very petty / two faced one, whereby other members of staff strive to snitch on people to the boss in order to earn points. So she is worried about going to the supermarket in case she ends up being disciplined. Thanks, WB
  11. Hi, I am asking on behalf of my sister, who on several occasions now has been sent home to self isolate due to her manger thinking that she may have been potentially exposed to covid-19. Track and trace have not required her to self isolate, this is just her boss potentially over reacting / worrying. My sister does lateral flow tests, which are negative, but her employer still wants her to remain off for the 10 days. Her employer is the local Council and she will still receive full pay, so no financial loss. However, my sister is getting a little depressed with having to cancel her plans (evenings & weekends). Don't get me wrong, she takes this very serious and is more than happy to follow the law etc. to protect herself and others. However, I'm getting concerned that her employer is over reacting at the cost of my sisters mental wellbeing. If she is sent home again and track and track are not the ones sending her home, can she freely go about her life without getting in trouble with her employer? Many thanks, WB
  12. That's absolutely fine and makes sense. Do I have to send a letter or is email a valid form?
  13. One last thing, they are entitled to carry out one repair. Are you saying they are still entitled to that, or was them turning up last week and trying to polish it out classed as their one chance? Thanks.
  14. Thanks BF. I will discuss with my partner and draft a response to them. Would you be willing to look at my response before I send it to them? Thanks.
×
×
  • Create New...