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Parking Eye court papers **Discontinued - but no Notification**


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Hello everyone thank you in advance for any assistance in advance.

 

My partner came home this morning to a PCC notice.

 

 

The charge is £100 or reduced to £60 if paid within 2 weeks.

 

 

It was at the welcome break services cardiff gate.

 

 

She was not aware of any time limits at this services as she uses it regularly.

 

 

Can somebody advise us how to appeal and what type of letter is needed?

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Could you scan in what you've had from ParkingLie, remove/cover/edit out any personal details, convert it to a PDF and upload it so that we can see it please. That way we'll be able to tailor help specifically to your problem.

 

In the mean time, when are they alleging that the parking event took place? And what date is on the NTK?

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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So, they are claiming money for overstaying the free period?

 

Tell us the date that the supposed breach occurred and we will guide you as to when and how to respond.

 

An obvious answer is that no contract was formed due to ignorance of a contract being offered as a result of inadequate signage.

 

Always respond as the keeper of the vehicle rather than saying that I/someone else's name was driving at the time

 

So, a short response would be

"the keeper of the vehicle denies that there has been a breach of contract

causing you a loss as there was no signage visible to the driver at the time

and therefore no contract could have been formed due to ignorance of any contract offered

for consideration or inadequate signage to offer a contract.

 

They will claim that there are signs a million feet high and therefore dismiss your appeal.

You will then be given a POPLA code with this response and that will allow you to go to the independent assessor, which costs PE money.

 

 

You can then hit them with various standard arguments of which no loss has occurred by the car being there,

even if it was a breach of conditions (GPEOL) is the normal winner.

 

 

Read a number of the threads here and you will get the gist of it.

 

When you get to the POPLA stage come back here for suitable wording of the appeal.

 

 

In the meanwhile a complaint to the owners of the services would be in order,

especially if the allowed time is short as their franchise with the DoT probably relies on allowing tired motorists a decent break.

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If, as ericsbrother has suggested, you want to give unWelcome Break a bit of stick into the bargain, here are the details for the CEO. I'm sure his PA will be delighted to hear from you as you'll be at least the 2nd this week!

 

The PA will pass it to the "Parking Team" who, on current form, will waffle on about something or another that probably has no relevance.

 

If you partner wanted to show good will and make good unWelcome Breaks "losses", there is a fee of £11 for cars to park from 2-24 hours. They could offer to pay that to unWelcome Break. The "Parking team" will probably accept the offer, though they will try to add a £10 "administration charge" which is a bit cheeky in my view.

 

 

The CEO is Rod McKie ( [email protected] .uk )

 

Postal Address 2 Vantage Court, Tickford Street, Newport Pagnell, Buckinghamshire, MK16 9EZ

 

01908 299700

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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They are claiming that it took place on the 18.8.14 and the date issued is 22.8.14. They say the she outstayed the free parking to limit so breached the contract the conditions of the car park.

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They are claiming that it took place on the 18.8.14 and the date issued is 22.8.14. They say the she outstayed the free parking to limit so breached the contract the conditions of the car park.

 

OK, just wanted to check that it was within the (regulation) 14 days, which alas, it is.

 

Tell her not to pay and not to worry though, she'll end up paying and owing, nothing :D You just have to play to their system, but once you know the system beating it is easy ;)

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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  • 1 month later...

Then respond by saying that no response to your appeal has been received

and their letter before action is therefore contrary to the protocols of the Protection of Freedoms Act,

the very legislation they are relying upon to make any claim against the keeper in the first place.

 

 

Should they fail to follow the protocols and respond properly

 

 

you will request that any court claim be struck out for abuse of process.

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  • 3 weeks later...

Hi everyone

 

 

I have come home today with court papers from Parking Eye.

 

 

I've added a file on pdf hope it's right as I converted it on a tablet as no access to a pc.

 

 

Please can some one explain in dummies terms what we should do now.

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Ok, you respond to the claim by returning the acknowledgement of service

ticking the box saying you are defending in full.

 

 

This will force PE to pay the allocation fee and the case will be sent to your nearest court for allocation for a hearing.

 

At this stage you do not need to supply a defence but there is something you need to do before you have to submit one.

 

 

Write to PE and demand sight of the contract between them and the landowner

that assigns the right to make legal claims in their own right under CPR 31.14.

 

 

They will have a limited amount of time to respond and

if they dont it will cause them trouble should the matter get to court.

 

 

If they dont have a proper contract with landowner they cant sue you as they have no "locus standi" as the law calls it.

I bet they fall foul of this by having contract with tenant (Moto/welcome break) and that doesnt count.

 

Now, you need to line all your ducks up in a row so as your wife goes there regularly s

he should photograph the signage if possible and if it is impossible to see the signs on the entrance to the land/car park

without risking life and limb then tell us that.

 

 

The make a note of the size of the signs,

the font size and whether they refer to any other signs elsewhere

such as "for full conditions of parking see signs elsewhere"

and also do they have wording that limit PE's liability

such as they take no responsibility for damage, theft etc after the conditions of parking.

 

 

If so then it is not a contract but an "invitation to treat" and no contract formed to breach.

 

You then find a copy of your appeal to PE and their letters to you.

By not sending you a POPLA code in the alloted time of 35 days after you wrote to them

they have breached the protocols of the PoFA and you can say that therefore there is no keeper liability under the PoFA

as PE failed in their statutory duty.

 

 

this means that they are chasing the wrong person as the debtor.

 

After that you use the standard defence of the amount claimed

does not represent their losses for the overstay in a free car park

owned by someone else and that no loss has been caused to landlord or occupier either.

 

 

the amount calimed is therefore a penalty as per dunlop v new garage & Motor co of 1915 .

 

Use examples of other decisions where PE were blown out of the water

and to do that look at the parking pranksters web site. his blog spot has godd help as well.

 

get a few notes together over the next fortnight and come back here with your musings

and we will pick through them but do send off the "discovery" demand of contract to PE pronto

as they ahve a very limited time to respond once they get your letter and

 

 

you may be able to have the claim struck out before the time you have to put in your proper defence

(unlikely-judges tend to pile all of the papers together and look at them on the day of the hearing).

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Ack the claim form online through mcol. Safest and surest way as most sols, especially with PPC's will try and say they never recieved the forms.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I request sight of the contract between the land owner of the site described in the claim number XXXXXX and Parking Eye that assigns the right to make legal claims in your own name under CPR 31.14. Failure to make this available in the prescribed time will result in an application to court to have your claim struck out as being vexatious.

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Make sure you get free proof of postage from the post office too. Just in case they claim not to have received it.

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Hi guys. It's been a week now since I entered our acknowledgement. We plan on getting photo of signs tomorrow. As my partner as a meeting there. Shall I now prepare a defence? Also not even a reply from them regarding contract.

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Did you word the demand for discovery correctly? If so after 16 days have elapsed you can apply to have the claim struck out as being vexatious but this may be a tad tricky if there has been no allocation. Did you acknowledge online? If so go to the MCOL page and see if you can do this, if not, wait until you get the alloction letter telling you that it will be transferred to your locaql court and then send your letter there. There is a N form for this, cant remember the number but Northampton may tell you quicker than the local court.

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OK have a look at the claim progress and slap in a strike out if possible. If not wait until the next stage is reached and then go for it. You may not be successful but it will be a record that you applied for the proof of locus standi and it wasnt forthcoming so any judge will have the hump over that if it comes to that as the most telling argument.

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