Parking Eye Claims Court summons

[fudgemisty]

I have received a Summons,

having overstayed approx. 20 mins in B & Q car park, Sutton on 12/12/13.

 

I ignored the initial correspondence,

 

having looked at advice which I think was out of date.

 

Can someone help me to deal with this.

 

The time limit was 2hrs and 45 mins.

 

The summons is for £85 amount claimed, court fee £15, solicitor's costs £50 - total £150.

[ericsbrother]

First of all, dont panic. All you need to do at the moment is return the acknowledgement of service back and say you want to defend the claim in its entirety, no for mediation as it is not applicable and that is about that. A defence will be enterd within the prescribed time.

Next you need to go back to the car park and photograph the signage and note its position and whether it can be read clearly on entry to the car park from the driving seat of a car. This is important for ANPR type systems as they dont allow you to consider an offer of contract after you have parked so signage must be at the entrance or half of PE chances of success are gone already.

Next, find out who owns the land. The land registry will tell you this for £3. This is useful to know if B&Q dont own it but are occupiers by way of a lease. Next ask Sutton council if there are any planning restrictions on the use of the land as a car park, often PP is only granted if free parking is allowed and this normally means without restriction. This will also kill any claim for overstaying as PE cannot overrule the Planning Permission.

[fudgemisty]

Thank you, will do all this and get back to you.

[i hate bailiffs]

Also it would be a good idea to create as much as you can to b and q get as much coverage as you can facebook twitter the lot

 

Formall complaint to them via email and letter telephone would be pointless but get email address for CEO post it here for future refrence!

 

Not how customers should be treated B&Q are guilty in this [problem]

Not how customers should be treated let them know

 

Parking lie have had a bashing in court time to fight back

[fudgemisty]

The signage is readable from the car driving seat and at the entrance, the land is owned by B & Q and the council have confirmed "this site was given use for retail use with accompanying car park in 1986" which I assume means without any restriction. Does this mean free parking? What should I do now?

[f16]

Check with the council that it is without any restrictions.

If that proves to be the case then get a copy of the "Planning Consent".

You will have to go to the council offices and pay may be £1.for the copy...

but as ericsbrother has said "That will kill it stone dead"

[themagician]

Check with the council that it is without any restrictions.

If that proves to be the case then get a copy of the "Planning Consent".

You will have to go to the council offices and pay may be £1.for the copy...

but as ericsbrother has said "That will kill it stone dead"

if the land is listed as with having no restrictions on it, then there is a good chance that it,s not listed with the tax office and council as a money making operation,thus not paying council tax on the land used for the car park,and not paying paying tax on all monies gained from illegal parking fees. if so you must inform the local authorities involved.

[ericsbrother]

the local council planning dept will have the info regarding consent for use of land. If it is granted for parking check to see if restrictions were placed upon it by council or by the application itself. Often developers say that they will provide x facilities to get the consent and then try and get away with something else.

[fudgemisty]

Edit: Meekyou has kindly edited this into paragraphs in post #17. honeybee13

 

Hi, entered a defence online - "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction".Received the following reply to defence - " 1. The defendant states "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction". This is not the case. The defendant should be advised that the car park is privately owned and ParkingEye have been contacted by the landowner to manage the site on their behalf. As such, the policies which operate onsite have been decided in conjunction with the landholders, who assess the requirements of motorists along with the need for an efficiently managed car park. A contract can be supplied for the courts reference if requested by the courts prior to the hearing. ParkingEye would also like to add that on the reverse of all the correspondence sent to the defendant, ParkingEye has stated that all appeals should be put in writing and sent to ParkingEye within 28 days. ParkingEye believes that the defendant broke the terms and condisions of parking and that therefore they are required to pay the outstanding charge. However, had the defendant corresponded with us initially, as requested, ParkingEye believes it could have answered many of the defendant's points directly and resolved the matter without having to issue court proceedings. However, as we gave had no correspondence whatsoever from the defendant, we have had no choice but to enter into legal proceedings, and have incurred further costs in prusuing this matter (see attached letter). The purpose of the Small Claims court is to mitigate costs wherever possible. It is not appropriate for a defendant to be at liberty to submit further supplementary defences unchecked, which must then be responded to by the claimant. For this reason, if a defendant wishes to amend a defence, and add further defence points, there is a proper procedure for doing so (see below). ParkingEye has responded to this original fefence, and both sides will now be required to submit a witness statement and documents to be relied on by a court appointment date. Again, tgis should not contain further defence points, and should be a statement of the facts of the case. However, in these cases, it is ParkingEye's experience that defendants will often submit large further defences throughout the process (which require a response) ans will often submit a large further defence in place of a witness statement. These all need to be responded to by the claimant. In order for this process to run smoothly, both defendant and claimant should ensure that the defences to the claim and the replies are contained in as few documents as possible, and that amendments to these documents are sanctioned bt the court. Both parties should also ensure that any defences and replies are filed and served prior to the filing and serving of witness statements, and that further defences or documents are not filed after at or after this time. We would remind the defendant that if they wish to amend their defence they should submit an N244 Form, and pay the relevant fee. Once permission to amend the defence has been granted, this new defence should be submitted both to the claimant and the court. the claimant will then reply to this amended defence. We would request that any amendments to the defence are made in good time, so as to allow the claimant to respond fully prior to the filing and serving of witness statements and documents, as further defence points should not be raised at this stage. ParkingEye will not respond to or acknowledge any further defence received unlesssthe defendant has first had this approved bt the court. This is to ensure that costs are mitigated and that the court time is not wasted on dealing with numerous defence documents and replies. CPR 17.1 states - "(1) aparty may amend his statement of case at any time before it has been served on any other party. (2) if his statement of case has been served, a party may amend it only - (a) with the written consent of all the other parties; or (b) with the permission of the court." Parking Eye would like to state that the defendant was made aware of the Civil Procedure Rules in the Letter Before Claim sent prior to legal action being taken. Parking Eye can supply transcripts of all cases cited, and will do so if required and requested by the court". Help! Don't know what to do now. The court has also offered a free mediation service (if both parties agree).Awaiting your response.

Edited June 25, 2014 by honeybee13

[ploddertom]

Hi fudgemisty

 

Can yo put some paragraphs in please as it is very hard to read a solid wall of text. Use the edit button on your post.

[citizenB]

Hi fudgemisty

 

Can yo put some paragraphs in please as it is very hard to read a solid wall of text. Use the edit button on your post.

 

If you click on the "double A" icon at the right of the box and also use the "go advanced" button at the bottom of the box then you should be able to pop some spacing in.. Alternatively, hit the carriage return a couple of times where you want spacing to be.

[fudgemisty]

Hi, entered a defence online - "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction".Receive d the following reply to defence - " 1. The defendant states "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction". This is not the case. The defendant should be advised that the car park is privately owned and ParkingEye have been contacted by the landowner to manage the site on their behalf. As such, the policies which operate onsite have been decided in conjunction with the landholders, who assess the requirements of motorists along with the need for an efficiently managed car park. A contract can be supplied for the courts reference if requested by the courts prior to the hearing. ParkingEye would also like to add that on the reverse of all the correspondence sent to the defendant, ParkingEye has stated that all appeals should be put in writing and sent to ParkingEye within 28 days. ParkingEye believes that the defendant broke the terms and condisions of parking and that therefore they are required to pay the outstanding charge. However, had the defendant corresponded with us initially, as requested, ParkingEye believes it could have answered many of the defendant's points directly and resolved the matter without having to issue court proceedings. However, as we gave had no correspondence whatsoever from the defendant, we have had no choice but to enter into legal proceedings, and have incurred further costs in prusuing this matter (see attached letter). The purpose of the small claims court is to mitigate costs wherever possible. It is not appropriate for a defendant to be at liberty to submit further supplementary defences unchecked, which must then be responded to by the claimant. For this reason, if a defendant wishes to amend a defence, and add further defence points, there is a proper procedure for doing so (see below). ParkingEye has responded to this original fefence, and both sides will now be required to submit a witness statement and documents to be relied on by a court appointed date. Again, this should not contain further defence points, and should be a statement of the facts of the case. However, in these cases, it is ParkingEye's experience that defendants will often submit large further defences throughout the process (which require a response) ans will often submit a large further defence in place of a witness statement. These all need to be responded to by the claimant. In order for this process to run smoothly, both defendant and claimant should ensure that the defences to the claim and the replies are contained in as few documents as possible, and that amendments to these documents are sanctioned bt the court. Both parties should also ensure that any defences and replies are filed and served prior to the filing and serving of witness statements, and that further defences or documents are not filed after at or after this time. We would remind the defendant that if they wish to amend their defence they should submit an N244 Form, and pay the relevant fee. Once permission to amend the defence has been granted, this new defence should be submitted both to the claimant and the court. the claimant will then reply to this amended defence. We would request that any amendments to the defence are made in good time, so as to allow the claimant to respond fully prior to the filing and serving of witness statements and documents, as further defence points should not be raised at this stage. ParkingEye will not respond to or acknowledge any further defence received unlesssthe defendant has first had this approved bt the court. This is to ensure that costs are mitigated and that the court time is not wasted on dealing with numerous defence documents and replies. CPR 17.1 states - "(1) aparty may amend his statement of case at any time before it has been served on any other party. (2) if his statement of case has been served, a party may amend it only - (a) with the written consent of all the other parties; or (b) with the permission of the court." Parking Eye would like to state that the defendant was made aware of the Civil Procedure Rules in the Letter Before Claim sent prior to legal action being taken. ParkingEye can supply transcripts of all cases cited, and will do so if required and requested by the court". Help! Don't know what to do now. The court has also offered a free mediation service (if both parties agree).Awaiting your response.

[i hate bailiffs]

Still a block of text are you using a phone to post

 

I read the last bit NO to mediation there is nothing for you to pay you are defending all

[fudgemisty]

Tried to put spacing in, will try again.Hi, entered a defence online - there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction".Received the following reply to defence - 1. The defendant states "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction" This is not the case. The defendant should be advised that the car park is privately owned and parkingeye have been contacted by the landowner to manage the site on their behalf. As such, the policies which operate onsite have been decided in conjunction with the landholders, who assess the requirements of motorists along with the need for an efficiently managed car park. A contract can be supplied for the courts reference if requested by the courts prior to the hearing. 2. ParkingEye would also like to add that on the reverse of all the correspondence sent to the defendant, ParkingEye has stated that all appeals should be put in writing and sent to ParkingEye within 28 days. ParkingEye believes that the defendant broke the terms and condisions of parking and that therefore they are required to pay the outstanding charge. However, had the defendant corresponded with us initially, as requested, ParkingEye believes it could have answered many of the defendant's points directly and resolved the matter without having to issue court proceedings. However, as we gave had no correspondence whatsoever from the defendant, we have had no choice but to enter into legal proceedings, and have incurred further costs in prusuing this matter (see attached letter). 3. The purpose of the small claims court is to mitigate costs wherever possible. It is not appropriate for a defendant to be at liberty to submit further supplementary defences unchecked, which must then be responded to by the claimant. For this reason, if a defendant wishes to amend a defence, and add further defence points, there is a proper procedure for doing so (see below). ParkingEye has responded to this original fefence, and both sides will now be required to submit a witness statement and documents to be relied on by a court appointed date. Again, this should not contain further defence points, and should be a statement of the facts of the case. However, in these cases, it is ParkingEye's experience that defendants will often submit large further defences throughout the process (which require a response) ans will often submit a large further defence in place of a witness statement. These all need to be responded to by the claimant. In order for this process to run smoothly, both defendant and claimant should ensure that the defences to the claim and the replies are contained in as few documents as possible, and that amendments to these documents are sanctioned bt the court. Both parties should also ensure that any defences and replies are filed and served prior to the filing and serving of witness statements, and that further defences or documents are not filed after at or after this time. We would remind the defendant that if they wish to amend their defence they should submit an N244 Form, and pay the relevant fee. Once permission to amend the defence has been granted, this new defence should be submitted both to the claimant and the court. the claimant will then reply to this amended defence. We would request that any amendments to the defence are made in good time, so as to allow the claimant to respond fully prior to the filing and serving of witness statements and documents, as further defence points should not be raised at this stage. ParkingEye will not respond to or acknowledge any further defence received unlesssthe defendant has first had this approved bt the court. This is to ensure that costs are mitigated and that the court time is not wasted on dealing with numerous defence documents and replies. CPR 17.1 states - (1) a party may amend his statement of case at any time before it has been served on any other party. (2) if his statement of case has been served, a party may amend it only - (a) with the written consent of all the other parties; or (b) with the permission of the court.Parking eye would like to state that the defendant was made aware of the Civil Procedure Rules in the Letter Before Claim sent prior to legal action being taken. 4.ParkingEye can supply transcripts of all cases cited, and will do so if required and requested by the court.Help! Don't know what to do now. The court has also offered a free mediation service (if both parties agree).Awaiting your response.

[fudgemisty]

Sorry, have tried three times now to put spacing in and cannot seem to save this on the site. Hope someone can help me.

[fudgemisty]

Am not using a phone, just a normal computer.

[Meekyou]

Receive d the following reply to defence -

 

 

1. The defendant states "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction"

 

This is not the case. The defendant should be advised that the car park is privately owned and parkingeyeicon have been contacted by the landowner to manage the site on their behalf. As such, the policies which operate onsite have been decided in conjunction with the landholders, who assess the requirements of motorists along with the need for an efficiently managed car park. A contract can be supplied for the courts reference if requested by the courts prior to the hearing.

 

 

2. ParkingEye would also like to add that on the reverse of all the correspondence sent to the defendant, ParkingEye has stated that all appeals should be put in writing and sent to ParkingEye within 28 days.

 

ParkingEye believes that the defendant broke the terms and condisions of parking and that therefore they are required to pay the outstanding charge.

However, had the defendant corresponded with us initially, as requested, ParkingEye believes it could have answered many of the defendant's points directly and resolved the matter without having to issue court proceedings. However, as we gave had no correspondence whatsoever from the defendant, we have had no choice but to enter into legal proceedings, and have incurred further costs in prusuing this matter (see attached letter).

 

 

3. The purpose of the small claimsicon court is to mitigate costs wherever possible.

 

It is not appropriate for a defendant to be at liberty to submit further supplementary defences unchecked, which must then be responded to by the claimant. For this reason, if a defendant wishes to amend a defence, and add further defence points, there is a proper procedure for doing so (see below).

ParkingEye has responded to this original defence, and both sides will now be required to submit a witness statement and documents to be relied on by a court appointed date. Again, this should not contain further defence points, and should be a statement of the facts of the case.

 

However, in these cases, it is ParkingEye's experience that defendants will often submit large further defences throughout the process (which require a response) ans will often submit a large further defence in place of a witness statement.

 

These all need to be responded to by the claimant. In order for this process to run smoothly, both defendant and claimant should ensure that the defences to the claim and the replies are contained in as few documents as possible, and that amendments to these documents are sanctioned bt the court. Both parties should also ensure that any defences and replies are filed and served prior to the filing and serving of witness statements, and that further defences or documents are not filed after at or after this time. We would remind the defendant that

 

if they wish to amend their defence they should submit an N244 Form, and pay the relevant fee. Once permission to amend the defence has been granted, this new defence should be submitted both to the claimant and the court. the claimant will then reply to this amended defence. We would request that any amendments to the defence are made in good time, so as to allow the claimant to respond fully prior to the filing and serving of witness statements and documents, as further defence points should not be raised at this stage. ParkingEye will not respond to or acknowledge any further defence received unlesssthe defendant has first had this approved bt the court. This is to ensure that costs are mitigated and that the court time is not wasted on dealing with numerous defence documents and replies.

 

CPR 17.1 states -

 

(1) a party may amend his statement of case at any time before it has been served on any other party.

(2) if his statement of case has been served, a party may amend it only - (a) with the written consent of all the other parties; or (b) with the permission of the court.

 

Parking eye would like to state that the defendant was made aware of the Civil Procedureicon Rules in the Letter Before Claim sent prior to legal action being taken.

 

 

4.ParkingEye can supply transcripts of all cases cited, and will do so if required and requested by the court.

 

 

 

Help! Don't know what to do now. The court has also offered a free mediation service (if both parties agree).Awaiting your response.