Parking Eye - Northampton Court Summons - help

[Unique11]

Hi All. Newbie here.

 

Seems there are endless posts on what to do with one of these. I am confused by the references to POPLA.... should I make contact despite ignoring all previous "letters" prior to the Court Order.

 

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In its very simplistic view the following occurs?

 

So I have the summons - I feel I should contest the Claim of the £165.( £100, £15 and £50 usual) I am going to have to pay it regardless (seems general feeling is this is the max cost if I lose)

 

First thing to do is Complete the Acknowledgment to contest.... this then gives me 28 days. Correct?

[maroondevo52]

Hello and Welcome,

 

I've moved this thread to the appropriate Forum.

 

Regards,

 

Scott.

[dx100uk]

type out the PoC please EXACTLY

 

who's the speculative invoice from too?

 

dx

[i hate bailiffs]

Hi All. Newbie here.

 

Seems there are endless posts on what to do with one of these. I am confused by the references to POPLA.... should I make contact despite ignoring all previous "letters" prior to the Court Order.

 

-------------

 

In its very simplistic view the following occurs?

 

So I have the summons - I feel I should contest the Claim of the £165.( £100, £15 and £50 usual) I am going to have to pay it regardless (seems general feeling is this is the max cost if I lose)

 

First thing to do is Complete the Acknowledgment to contest.... this then gives me 28 days. Correct?

 

Make sure you defend all

 

Where did you park to get invoice?

Supermarket retail park ect?

[themagician]

Hi All. Newbie here.

 

Seems there are endless posts on what to do with one of these. I am confused by the references to POPLA.... should I make contact despite ignoring all previous "letters" prior to the Court Order.

 

 

-------------

 

In its very simplistic view the following occurs?

 

So I have the summons - I feel I should contest the Claim of the £165.( £100, £15 and £50 usual) I am going to have to pay it regardless (seems general feeling is this is the max cost if I lose)

 

First thing to do is Complete the Acknowledgment to contest.... this then gives me 28 days. Correct?

we need more info please,names /dates/details etc.

[ericsbrother]

What does the particulars of claim say EXACTLY? An acknowledgement of service saying you intend to defend in full will buy you the time to get a defence together but if we know the wording of the claim, who it is from and the circumstances surrounding it we can give better help rather thn giving generic answers to what is normal.

[Unique11]

Thanks for looking people.

Retail Park. I believe they have me driving in at 12 midday and leaving at 1417. 17 mins over the two hours free parking.

Parking Eye are our good friends.

One thing I need your thoughts on is that I am sure (I will check) that the signs say 2 hours free. But you can pay for 2-3 hours and 3-4 hours.

So my first question is can they prove I didn't have a paid ticket for either time period... theres no mention of an issue

with the ticket being over its time period....

[esmerobbo]

Most parking eye car parks are CCTV controlled in out timing, they way they monitor if you have paid is you input your reg no into the ticket machine. Did you input an incorrect VRM?

[Unique11]

You do not have to put your Reg number in. Its simply a ticket service. 2 hours free with a coin slot for more then 2 hours which may be £3

[i hate bailiffs]

If you could let us know the exact POC it will help you to get the best advice

 

What exactly does the signage say in the car park is it max stay or state the time of free parking

[Scouse Magic]

As Stated PE use cameras to clock when you entered and when you left......They do use pay facilities in some locations with a variety of options such as pay by phone, slot machine, device to enter your Reg or sometimes they use a retailer such as WH Smith.....Depending on which one they use will affect whether they can prove you didn't buy a ticket or not.

 

One of your arguments should be that you are being charged an obscene amount of money for staying 17 minutes over the time of free parking so 17 minutes equates to one quarter of the 2-3 Hour Fee not £165

 

The charge is a deterant designed to both penalise and intimidate the motorist into prompt payment and therefore it is not a genuine pre estimate of loss......Under English Contract law, the landowner is only entitled to bring a claim for loss of revenue that would put him in the same position had the breach not occurred

[Unique11]

I hate bailiffs I will have to dig it out. The sign posts are UKPC

 

I get the "disproportional claim vs loss (£165 vs £3) but what I don't get is the sign clearly says 2 Hours Free Parking. Tariff 0£3-2 free, £2 2-3 hours and £3 3-4 hours.

Then it says Maximum Stay £4 hours. No return within 30 minutes. It goes onto state any contravention over 4 hours is a parking charge notice of £90

 

So if they go by clocking the time of entrance and exit whats their problem! Surely this is in my favour.

 

If you google Tracey Kiss Bucks Herald under images - theres an image of another person who had a run in with them, you can see the simple coin only machine in the photo ( I cant post links apparently)

[esmerobbo]

You say the signs are UKPC yet you have a claim of PE ?

[Unique11]

Ok sorry people. I have made a huge misjudgement here. I need to find the original documents with the photos they sent me as its a totally different car park to what I thought!!!

The claim is for overstaying the free time allowance by camera recognition.

Within the claim pack by Parking Eye it states the location, it states that I exceeded the time allowed (no mention of the time) and the date the first correspondence was sent to me (it doesn't say that was the date of contravention)

[Unique11]

Right guys. Help please.

 

I have visited the site. what do you need to know to help me build a case.

 

The car park I am sure never had any parking signs. Now it does. They are not 100% clear when driving and you can park and not notice them in certain spots. I cannot actually remember parking their as its not a carpark I use. I did 2 years back.

 

Claim from Dec 2012 for parking over 2 hours.

[ericsbrother]

what are the particulars of claim, their wording makes a big difference of what to highlight in your defence.

[Unique11]

what are the particulars of claim, their wording makes a big difference of what to highlight in your defence.

claims for monies outstanding in relation to parking charge dated....

 

For parking without authority on private land.

 

Parking eyes ANPR captured....

Entering and leaving the car park

overstaying the max time.

 

The signage clearly displayed states private land managed by parking eye is a max stay site..

 

In accordance with t&c set out in signage the pcn becomes payable.

 

Notice under protection of freedoms act 2012....

 

Making the keeper liable

[ericsbrother]

parking without authority means you were trespassing and therefore can only be sued for damages by the landowner, not for breach of contract by parking co. Can you find someone who can confirm the replacement or addition of signage? Your defence would be that this is a penalty, not a loss incurred by landowner or loss to parking co under contract which would be £3.

[Scouse Magic]

parking without authority means you were trespassing and therefore can only be sued for damages by the landowner, not for breach of contract by parking co. Can you find someone who can confirm the replacement or addition of signage? Your defence would be that this is a penalty, not a loss incurred by landowner or loss to parking co under contract which would be £3.

 

 

Spot On !!!! They have no authority to grant authority

[Unique11]

Ok thanks guys. So what do I need to put on the form back in my defence....

[Scouse Magic]

Right guys. Help please.

 

I have visited the site. what do you need to know to help me build a case.

 

The car park I am sure never had any parking signs. Now it does. They are not 100% clear when driving and you can park and not notice them in certain spots. I cannot actually remember parking their as its not a carpark I use. I did 2 years back.

 

Claim from Dec 2012 for parking over 2 hours.

 

You need to give us more correct information as your story is at best contradictory..

 

What are the actual POC on the court claim form....every word (except your name etc)........does that state the date, location and alleged contravention as you say your first letter did not...

 

What type of land were you parked on as one minute you say it was somewhere else, then change to saying it is not somewhere you would park or you cant remember if you were there or not

Edited October 31, 2013 by Scouse Magic

[Unique11]

You need to give us more correct information as your story is at best contradictory..

 

What are the actual POC on the court claim form....every word (except your name etc)........does that state the date, location and alleged contravention as you say your first letter did not...

 

What type of land were you parked on as one minute you say it was somewhere else, then change to saying it is not somewhere you would park or you cant remember if you were there or not

 

Sorry chap, I have posted this on page 1.... word for word pretty much

[Scouse Magic]

Sorry chap, I have posted this on page 1.... word for word pretty much

 

"Chap" ??????

 

Best of luck with that one

[themagician]

"Chap" ??????

 

Best of luck with that one

nice comment ,I agree!

[Scouse Magic]

If you read the enitre thread I smell a troll and confusion???????