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redeye

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Everything posted by redeye

  1. Good evening. I sent my DQ back on 19th April (copy to court and copy to sols). It's still not showing on MCOL. Is that standard procedure? I posted them both next day delivery, signature required, so I have proof they were received if necessary. Thanks in advance.
  2. Thanks DX. Completing the form now to print and post tomorrow at the Post Office. Is it worth me listing my wife/passenger as a witness?
  3. Hi all, Been sick for a while, just seen PEye issued N180 on 5th April by post and showing on MCOL. I have to submit by 22nd April. Can I do this by email tonight? Do I need to post as well? Should I agree to mediation?
  4. Thank you DX. I'll keep checking MCOL and report any developments.
  5. MCOL status doesn't show PEye N180 that they said had been submitted, just showing my ack and defence submitted. It's not asking me to complete a N180 myself so not sure what to do.
  6. It's a paper copy from PEye of the one they've submitted electronically. I now have to go to Money Claim and submit my own I assume. Want to make sure I don't make a mistake completing it, or missing a deadline for submission.
  7. Good evening. I received ParkingEye's Directions Questionnaire (N180) today. Seems pretty straightforward, I just need to fill out D1 and put the name of my local County Court. Anything I should know before submitting it online?
  8. I've put in my defence (minus point 5) and got confirmation it's been accepted. Thanks for all the help, will post up any response. If I don't hear anything by the end of March can I assume they're not pursuing it?
  9. Thanks FTMDave, will delete point 5 and will file on the 9th and confirm on here when done.
  10. Thanks DX I didn't realise I'd be able to provide a witness statement later on.
  11. Thank you DX. Suggested defence: The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Defendant is the recorded keeper of [motor vehicle]. 2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Do I not need to mention the poor signage/lighting and lack of payment machines?
  12. Good afternoon. Here is my suggested Defence. Any help much appreciated. [removed - dx] The claim relates to an alleged breach of contract, which is denied. It is further denied that there was any agreement to pay the Claimant a £100 parking charge as the Defendant had no knowledge of such parking charge. Defendant submits that there was inadequate signage to form a contract and attaches 12 photographs showing signage in order from entering the services to the car park. Photos are taken in daylight, however Defendant arrived in darkness. Only one sign refers to paid parking and is not lit and very easy to miss at night. Photo XX shows how far this sign is from street lighting and its confusing positioning. On arrival at the car parking area there are no barriers or payment machines to show that it is a paid car park. Subsequent telephone enquiries reveal that parking can be paid at W H Smith inside the services, however there is no signage visible in the car park stating this. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices in these circumstances, and to pursue payment in the court in their own name.
  13. Thanks FTMDave have had great success on Google, got pics showing every sign on the way in, only one mentions pay parking and got a great pic showing it is unlit and how far apart the street lights are. Also got pic of the view from parking space showing very poor lighting, no signage and no pay machines. Shall I post these up? Obviously they are in daylight and I arrived in the dark. lookingfor info I'm scanning the back of the docs and will post shortly. The three documents I have posted are dated: Parking Charge Notice : Date of Event: 23/09/2021 - Date issued 28/09/2021 - Date: 28/09/2021 Parking Charge Notice Reminder: Date of Event:23/09/2021 - Date Issued: 28/09/2021 - Date: 07/10/2021 Letter which I thought was NTK - Dated 01 November 2021 Not great at the scanning but this starts :"We are writing to inform you that the requirements of Schedule 4 of the Protection of Freedoms Act in respect of keeper liability have now been satisfied and as 29 days have passed from the date notice of the Parking Charge was given, Parkingeye now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper." On the back page it concludes: "The registered keeper details have been provided by the DVLA as this vehicle was parked in breach of the Terms and Conditions of a private car park ... etc." Is this not a Notice to Keeper?
  14. Good evening, combined pdf attached. Have I missed a document? As mentioned I was hoping this would all go away and was otherwise occupied with hospital etc. Thanks again for your help. PE PCN.pdf
  15. This was ANPR. Do you want me to post a copy showing the pictures?
  16. Good afternoon. PCN dated: 28/09/2021 PCN Reminder: 07/10/2021 NTK dated: 01/11/2021 Time in car park: 13 hours 14 minutes Arrival time: 22/09/2021 21:30:06 Departure time: 23/09/2021 I was driving my disabled wife back to London from Suffolk when she was taken ill (she was undergoing hospital treatment at the time) and we needed to stop. I followed the signs for longer vehicles as our old van doesn't fit in a car bay. I didn't see any signs or payment machines and parked up with her disabled badge in the window. It was dark and poorly lit when we arrived and there was only one other vehicle there. I wasn't aware we were supposed to pay. In the morning in the daylight I didn't see any signs or payment points or obviously I would have paid whatever small charge it was. Any help much appreciated.
  17. Good afternoon! I've put in the AoS and received/saved confirmation from MCOL. Will do the CPR31:14 next. Thank you DX. looking for info: will complete all the questionnaires asap and post. Might not be able to do until tomorrow though. I haven't got any pictures of the signage, I didn't actually see it. It's quite a long way from me, will I need to go and take pics for my defence? Thanks again for the help.
  18. Thanks. I'll confirm when I've submitted and have confirmation of receipt. Really very grateful for this site, had a very good result years ago over debt collectors so it's good to see you're still going.
  19. Sorry Honeybee, you've already told me how to work out the dates, looking at calendar now! So I can definitely put in the AoS without putting in my defence? If so I will do it tonight.
  20. Thanks for the quick reply! Issued by: CCBC, Northampton NN1 Claimant: Parking Eye Ltd Solicitors: Not stated, signed by Jayne Leonard, Claimant's Legal Rep Date of Issue: 07 Feb 2022 Date for AoS: ??? Date to submit defence: 11/03/22 Particulars of Claim 1.Claim for monies outstanding from the Defendant in relation to a Parking Charge (ref XXXXX) issued on 28/09/2021. 2.The signage clearly displayed throughout Welcome Break Birchanger Green-Bishops Stortford, M11 jct 8, Old Dunmow Road, Bishops Stortford, Hertfordshire, CM23 states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including the payment of parking tariffs, by which those who park agreed to be bound (the contract). 3.ParkingEye's ANPR system captured vehicle XXXXXXX entering and leaving the site on 23/09/2021, and parking without a valid paid parking ticket, and parking tariffs apply after a free stay period. 4.Pursuant to Sch4 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. Amount Claimed: £100 Court Fee: £35 Legal rep costs: £50 Total Amount: £185 What next? Can I now submit the Acknowledgement of Service confirming I intend to defend all the claim, but without actually submitting the defence as yet? Just worried about missing deadlines. Thanks.
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