Parking Eye Court papers 3/3/14 - help

[tinks74]

I know this has probably been asked but I really need some advice.

 

A couple of weeks ago I received a notice from Northampton County Court bulk centre

to say that I am being taken to court etc by parking eye due to overstaying in a free car park.

 

I submitted a defence saying that I had not received any letters from them

(which I honestly hadn't otherwise I would have done something about it esp as over Christmas period)

 

I didn't realise about the 2 hour only free parking as the last time I used the car park it was free for longer periods.

Even though I have since checked there are signs, I just didn't notice them.

 

I was in the local shops (costa to be exact lol) for the 2 1/2 hours that they state I was there.

I was meeting someone who got there about 10 mins later & left at same time but didn't get any notices either.

 

I have now received a letter saying that parking eye are proceeding with the county court claim.

 

What should I do now,

just wait till they take me to court,

but I cant get to Northampton as its too far

& I am a single parent with children

and school runs etc or should I contact them & try to sort out.

[renegadeimp]

You dont have to go to northampton. When you fine a defense, you can get it allocated to your nearest court. Northampton is just the bulk clearing centre.

 

 

Sit tight and someone will advise for you. It's pretty straight forward to deal with these parasites, you just need to get your head on straight and dont be intimidated by them.

[tinks74]

thanks its a little worrying being told I'm being taken to court for something I didn't realise I did especially as my friend received nothing not even a letter from Northampton courts...

[renegadeimp]

parking eye take everyone to court. Theyre exactly the same as cowboy clampers. They hope people wont defend so they can get a default judgement. In court, theyll lie and tell a lot of mistruths to try and get a judgement. As long as you follow the defence people here can give you, you'll be fine.

 

One other question, can you give us the date on the claim form? There is a strict timeline you need to adhere to. If you do NOT stick to those timelines, they will get a default judgement.

[tinks74]

Apparently I overstayed on the 11/12/13,

 

I know I was in the car park around that date but couldn't say if this is definitely correct being Christmas and all that.

 

I received the CCBC claim form dated 03/03/2014 & did the defence online through moneyclaim.gov.uk within 3/4 days

and received a letter of acknowledgement just after this then

 

yesterday I received a letter from parking eye saying they are going to proceed with the CCC.

 

It had copies of the letters they apparently sent me with other information about the car park.

[dx100uk]

goto the parking prankster site

all the info is there too.

 

others will be around soon

 

just changing your thread title too.

 

what is the EXACT verbatim of their PoC please

 

dx

[tinks74]

On the claim form the particulars of claim is as follows.

 

..I hope this is what you meant

 

Claim for monies outstanding from the defendant,

as registered keeper,

in relation to a parking charge, issued 14/12/2013,

 

for the parking on private land in breach of the terms and conditions (the contract)

 

parkingeyes automated number plate recognition system,

monitoring (would put the car park but dont want to in case they are watching)

captured vehicle (my reg) entering and leaving the car park, overstaying the max stay time.

 

The signage, clearly displayed at the entrance and throughout the car park,

states that this is private land,

is managed by parkingeye ltd,

and is a max stay site,

along with other T&C's by which those who park on the site agreed to be bound.

 

In accordance with the T&C's set out in the signage,

the parking charge became payable.

 

Notice uner the PoF act 2012 has been given under sch 4, making the keeper liable.

 

This claim is in reference to parking charge(s) (some numbers)

[dx100uk]

well they cant get anything out of you

they have suffered no loss

 

only the land owner can do that.

 

you've probably already read the stuff about what to do

over on the PP site.

 

shame you put in that efence

you need to amend it I think.

 

but safe to say.

 

they'll not win.

 

dx

[themagician]

parking eye take everyone to court.

NO they don,t! up until now, outstanding from October 2012.

[Scouse Magic]

On the claim form the particulars of claim is as follows.

 

..I hope this is what you meant

 

Claim for monies outstanding from the defendant,

as registered keeper,

in relation to a parking charge, issued 14/12/2013,

 

for the parking on private land in breach of the terms and conditions (the contract)

 

parkingeyes automated number plate recognition system,

monitoring (would put the car park but dont want to in case they are watching)

captured vehicle (my reg) entering and leaving the car park, overstaying the max stay time.

 

The signage, clearly displayed at the entrance and throughout the car park,

states that this is private land,

is managed by parkingeye ltd,

and is a max stay site,

along with other T&C's by which those who park on the site agreed to be bound.

 

In accordance with the T&C's set out in the signage,

the parking charge became payable.

 

Notice uner the PoF act 2012 has been given under sch 4, making the keeper liable.

 

This claim is in reference to parking charge(s) (some numbers)

 

Have you had prior to this a "Letter before claim" or "letter before action" which was sent by recorded delivery by PE if not you can ask court to strike out the entire claim for failure to follow the Civil procedure rules.. A small claims court is very informal and simply a dispute between two parties.

[tinks74]

Hi,

as I said ive not received anything from them, even though after the letter from Northampton I received a envelope from them saying they are going to proceed with the county court claim with the supposed letters they sent me. I have seen that others have been told to ignore all letters but I genuinely didnt receive anything, recorded or otherwise.

[tinks74]

Have also noticed in the information that they have since sent me that the picture of the car park in question is a very old one and the layout has changed, does this make any difference?

[ericsbrother]

Yes it does if the signage is different, particularly at the entrance. However, it is only a minor thing but may help damage their case.

PE are obliged to send you their demand within 14 days of the parking that generated their claim so you are saying that they diint write to you as the keeper of the vehicle in that time? If this is true then they dont have a case to answer but I wouldnt rely on that as a total defence.

You need to ask them for copies of their proof of their contacting you in that time such as the proof of posting and the entry on their system where they contacted the DVLA with the registration of your vehicle. Also demand a copy of the contract between themselves and the landowner.

You can check wirh the DVLA who has accessed your data, there is away of getting this info withour paying, see some of nev met's postings, he is the expert in this field.

[tinks74]

I honestly didnt receive anything, and neither has my friend who parked within 5-10 mins of me & left at same time. Shes received nothing from them or from Northampton.

 

 

I sent a defence to Northampton courts & have received a letter from PE with copies of letters they supposedly sent me & signage etc so am awaiting a court date now.Even though I have had the letter to say they wish to proceed to county court can I contact them directly and ask for more information?

 

If I contact PE how long would they have to give me copies of contract and proof of postage?

do they have to supply proof of postage because in their reply to defence they claim that under the protection of freedoms act 2012 schedule 4 (9) (6) ' a notice is sent by post presumed, unless contrary can be proved, to have been delivered on the second working day after the day on which it is posted'

 

also when do I submit further defence? PE say that they wont look at anything unless been approved by the court, does that mean I contact the court now or on the day of the hearing?

sorry to ask loads but I havent a clue what I am doing as ever been in trouble esp over parking lol

 

many thanks for your help

[ericsbrother]

No, you dont contact them for information, you demand "strict proof" of their claim by provision of the documents as it is part of your defence that they didint send you anything prior to the court claim.

When a court is allocated and a date set you will receive a letter from the court telling you to exchange documents with PE by a certain time-usually a fixed time after that letter arrives with you or a certain mnumber of days prior to the hearing. If they havent sent you the required documents by them you should write to the court and say that PE have faield to disclose the docs under discovery and that you cannot defend their claim without them so would have to seek an adjournment until such time that PE furnish you wth them. Judges hate adjourning cases like this.

[tinks74]

sorry being a little blonde here, do I contact them directly now & demand 'strict proof' or wait until court date?

[ericsbrother]

Now, it will be too late if you wait. If they wont send them then you write to the court and point this out after date has been given for exchange of docs..

[tinks74]

is it best to contact via email or post, will get proof of posting but worried about them saying not rec anything & at least via email I will have electronic copies

[ericsbrother]

always by post. Your proof of posting cert means that it is deemed that they received it 2 days later.

email not applicable to proof of delivery

[tinks74]

many thanks will write letter tomorrow

[tinks74]

Hi all I need a little more advice...sorry...

 

I sent a letter to parking eye requesting proof of postage

& copy of contract

& have rec a letter to say that all their mail is done by 3rd party

& unless its flagged then its been sent.

..not got any proof from p/o to say been posted.

 

Again I still havent rec any of the original letters from them, regarding the contract they have sent,

most of it is unreadable as not clear photocopy

but im pretty sure that under the agreement that it says that parking charge notices may be issued for all

or any of the reasons below

 

: parking without a valid permit or authority.

...parking and leaving site...

overstaying the defined time limit of ? hours...

 

Under this last part

im pretty sure it says 3 hours

but its not very clear

but comparing the number to a number 2 & 3 off the same paper im sure it says 3,

 

in the original case they said that i overstayed the 2 hour limit

so it may be that I have got them where they dont want to be

[ericsbrother]

That is not their contract, that is their terms of parking.

 

What you want is a copy of the contract they have with the landlord that allows them to claim anything at all.

 

They know that and are stalling.

 

Write back to them and DEMAND that they produce this document under "discovery" (cant remember the CPR code so used old term)

otherwise a compalint to court will be made.

 

If still no joy them

 

write to the allocated court and say that you are unable to offer a full defence without this evidence

and you will apply for an adjournment if the case is heard before the document is with you in time to be considered and addressed.

[tinks74]

the copy that they have sent me is a contract variation instruction

& has both their name & address and the owner of the car park name & address.

 

I have today rec the directions questionaire from the court

& have till 22nd April to send back.

 

By the time I write to parking eye again & they reply then the 22nd will be gone.

 

Even if this isnt the full contract

it does say that you have 3 hours parking when they said I stayed for just over 2 hours

so surely this will help me just as much as the contract?

[tinks74]

just noticed at the bottom of the letter PE has send it says

 

we submit a contract variation instruction (CVI),

which is part of a larger Long Form Agreement that is both very commercially sensitive

and not relevant to this claim.

 

The CVI document is that which relates specifically to ParkingEye's authority to operate at this site,

and confirms ParkingEye's authority to enforce charges whilst acting within the law (and by taking legal action where necessary).

 

The CVI confirms that ParkingEye's authority comes from the landholder,

and that ParkingEye is fully authorised to operate at this site.

 

The Long Form Agreement can be supplied if required, but we must reiterate that it is lengthy,

commercially sensitive and not relevant to this claim.

 

hope this helps

[ericsbrother]

That is what they say, not what you can read for yourself.

 

The full contract may well be out of date for the law that they want to use to bash you

and therefore there would be no case to answer.

 

Demand it and tell them that it will not be revealed to anyone except in redacted form

apart from to your legal representitives and to the court if necessary.

 

Dont worry about not getting it from PE in time for the directions questionnaire,

that just determines whether you are defending in full and where the case will be allocated.

 

You can say that a full defence will be sent in by the prescribed date.

 

As you mention signage,

get down to the car park and photograph the signs and note their size, location and ease of seeing them from the driving seat of a car.

 

All these can have an effect on whether the contract they are claiming is not formed due to inadequate signage.

 

There are specs laid down by the BPA but these are not cast in stone.

 

For ANPR it is vital that the signs are clearly displaying the contract without confusing wording at the entrance to the car park.