other Parking Eye taking me to court - ***PE Dropped Case Before Hearing***

[sam clark]

In August i picked up a friend by entering holiday inn carpark, in the morning to take her out for the day.

 

 

In the evening I dropped her off in same manner.

I didnt park and never left my vehicle.

 

 

A week later Parking eye sent me a fine for parking for 13 hours!

 

I wrote a simple letter back explining the above,

and included a voucher for crossing the Severn bridge TOLL as we were in wales all day,

and thought no more about it til

 

 

court papers arrived a fw weeks ago!

 

 

I sent the same info to the court explaining above and again as it was done online,

I told them I had the voucher copy etc

 

 

Today ive received another letter from PE saying they are pursuing the court claim

as they have no evidence at all of me leaving the carpark and returning in the evening.

 

 

Ive enquired with the toll company if they have cctv of my vehicle crossing the bridge

but sadly they only keep their cctv 90 days

so I see no way atall of "proving" I wasnt in their carpark.

 

 

Any ideas? Desperate!

[ericsbrother]

well, you need to acknowledge the claim and then submit a defence within another fortnight.

 

The defence is quite simple,

you say that the breach did not occur as you were not parked

(and will demand evidence that your vehicle was there for 13 hours as alleged) there during the time alleged.

 

 

You dont have to prove you werent parked,

they have to prove you were and if this means them showing 13 hours of cctv footage to court then so be it.

 

If you have the toll receipt they are sunk and they know it.

You also have a witness and they have to prove tha there is a contractual obligation on your part and that you haver caused them a loss.

 

For the moment get the N1 AOS returned pronto

and then get a skeleton defence drawn up based on what you have

- toll ticket, witness statement, (get cctv and leaving/entry to room rcords from Holiday Inn via a SAR by your g/f).

 

You should also write to PE and demand sight of the contract between them and landlord of the site

where breach supposedly occurred that assigns the right that allows PE to make legal claims in their own name.

 

 

this is called a CPR 31.14 request (discovery) and they must produce this within 14 days.

 

 

Do not let them fob you off and tell you they will bring it to court,

if they dont send it in time you write to the court and tell them that PE have failed to comply

and you want the case struck out for having no locus standi.

[sam clark]

thanks erics brother.

 

 

I acknowledged it and submitted the defence via MCOL stating i merely dropped in for a few moments

in morning to pick up a friend,and left again, and did the same in the evening.

 

 

Their response is

" we can confirm that there is no evidence to suggest the defendant made a multi visit

to this carpark on the date of the parking event.

our system recorded one entry and exit to this carpark for this vehicle on the day in question.

we do however invite the defendant to provide any evidence to prove

that their vehicle entered and exired this car park on 2 seperate ocassions"

 

 

The toll booth voucher only has the date and time that i crossed,

not any vehicle registration plate info,

so in terms of evidence could,

actually be from any vehicle so not useful as evidence.

 

 

I also have an online record that shows where i was in wales all day at an event,

but again this still doesnt prove i was in my vehicle.

 

neither of us were actually staying at the holiday inn,

it was simply a good place off the motorway to meet up

(my friends husband did the exct same as me,

he entered carpark to drop her off with me and came back in evening to pick her up from me again,

but he never got a parking ticket for 13 hours!)

[BankFodder]

It's a shame that you didn't check in with us before you sent off your defence.

 

What you have put will be helpful – but you need to read through these forums about responding to parking eye and also about dealing with the times that they actually bring a claim. Then you would understand what the other issues are.

 

It may be necessary for you to amend your defence. This will be a bit of a nuisance for you but it could be well worthwhile.

 

Parking eye say that it is for you to prove what you say, but this is not correct. It is the parking eye to prove their case.

 

Also you will see that the other issues include the fact that the money they are asking does not reflect the actual costs and therefore they are trying to levy a penalty, and also whether or not they have any right to bring the action anyway or whether it should be their clients.

[BankFodder]

Just to add, I'm quite sure that the quality of what you sent off to parking eye made them believe that you had taken no advice from us and therefore they decided to pop you into County Court procedure. If you had responded more robustly after receiving advice here, they would have realised that you are getting some proper help and that you knew your rights.

 

You will need to address this

[f16]

Did your "friend" have a car parked in the car park with a paid ticket ?

If so. ..... That is your "witness".

 

Why would you both drive over the Seven Bridge in 2 cars ??? And back to the Hotel ???????

[sam clark]

no, my friends husband dropped her off in same carpark , went went away and picked her up again in the evening. ironically he DIDNT get a parking eye notice sent to him

[ericsbrother]

it doesnt matter that the toll ticket doesnt have your reg details, it is for PE to prove that you parked there for 13 hours, not for you to disprove. No judge will disbelieve you when you have a witness and a toll ticket.

Ignore PE, taradiddles, they are trying to get you to crumble. You will have plenty of time to get all of the documents and statements together when you have a court date.

In the meanwhile, you ask for a copy of all of the captured data at the time you entered and left at both ends of the day and a copy of their contract with the landlord that entitles them to make legal claims in their own name fromPE under CPR31.14. Thi is what used to be called discovery. Give them 14 days to send it and if they dont you send a letter to court asking that the claim be struck out as having no locus standi. (probably wont get this as most correspondence weill get put in the same pile and the judge wont read it until the day of the hearing)

[sam clark]

Today the "notice of proposed allocation to the small claims track" paperwork arrived. having been reprimanded for trying to go it alone (above) LOL, I thought Id seek the best advice........Firstly should I tick the box saying I agree that the small claims track is the appropriate track for this claim? Or should I say "no" and suggestt something else as I am innocent? should I take the offer of mediation? even though I have not done what im accused of? or should I agree to court. personally I think court as there is nothing to discuss as far as im concerned, as I didnt park where they say that I did.....but im not the expert. Also how likely is it it will be transfered to my local court? They are applying for it way up north somewhere, and im in Devon!

[ericsbrother]

small claims all the way unless you are very poor or very rich. It will be transferred to your local court by default u8nless you specify another court and have reason as to why (work, disability etc) then PE have to pay some more money for the allocation and you will be given a hearing date. About a fortnight before then you must exchange all documents you wish to rely on and send a copy to court.

Getm your CPR31.14 request off to PE and then add a request to strike out with your bundle if they havent responded in the 14 days you gave them

[raydetinu]

do not forget to send off witness statement from friend, to court and PE, who can vouch for the movements that day.

And their willingness to attend court.

[SabreSheep]

Ensure your cpr request is sent recorded/signed for delivery and keep proof of postage and delivery!!!

[sam clark]

can anyone tell me if this is the correct format for the CPR31.14?

Dear Sirs,

Reference Claim Number:xxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On XX i received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full. To enable me to file my defence and/or counterclaim, I require copies of the following documents, ahead of filing my defence .

1: a copy of your contract with the landlord (Holiday Inn) that entitles you to make legal claims in the name of Parking Eye

2. a copy of all of the captured data from the time I entered the carpark at Xam and for the following 30 minutes and for the thirty minutes prior to me leaving at the end of the day

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

[ericsbrother]

Ok, the landlord might not be Holiday Inn, they may just be tenants so check with the Land Registry before naming them. If their contract is with HI and they are not landowner then they dont have a contract worth a bean so dont forwarn them or let them offf with providing the wrong document.

Other than that nothing wrong, you dont have to pad out what you want, just quote their claim number and tell them that you require the documents or sight of.

[sam clark]

Land registry says its freehold so imguessing HI are the land owners.

[ericsbrother]

no, dont guess, pay the 3 quid and find out if you havent done so. Sometimes they are nice enough to tell you if you cannot identify the address. If HI dont own it then the contract PE have is worthless and therefore cannot sue you and that is why you should put the time in to find out.

[raydetinu]

even if HI don't own they may well lease it? ad have the rights to what goes on!

The point is do they have a contract with PE that lets them act on their behalf?

I think your defence is quite robust as it is, you did not stay there! and have a witness to prove it.

[sam clark]

do not forget to send off witness statement from friend, to court and PE, who can vouch for the movements that day.

And their willingness to attend court.

do i send that off with the paperwork saying i dont want mediation, or do I wait until the court ask for evidence?

[ericsbrother]

send off the allocation questionnaire with just the box for small claims track ticked. Mediation is no good for you and pointless as PE wont accept it and there is nothing to mediate. It is not like you paid a builder to do a job and he did a bad one, where there is room for negotiation as to the amount of loss. They are saying you owe them £100 and you say you dont.

[sam clark]

thanks Ericsbrother, thats what I was planning, but just wasnt sure at what stage I sent all my evidence off (ie toll ticket and written witness statements). Now or when a hearing date is allocated?

[ericsbrother]

When you are told to. If you havent sent in a skeleton defence then just make sure you follow the dates sent out by the court very carefully. Dont take too much notice of what PE tell you that you should have done, they send out reams and reams of irrelevant paperwork in an attempt to intimidate you into giving up and paying them. they know that they lose most defended claims at court so they want your money before they lose!

[sam clark]

the latest on this is that PE did not reply to my CPR 31.14 request ( \asking for their contract with holidayinn and photo evidence of me staying 13 hours). Do i now send off a N244 asking judge to strike it out? My evidence has to be at court and with claimant by 20th march. hearinf is 21 april. Im slightly worried! also i had assumed (silly I know) that the case was purely because they said id been there 13 hours (which I hadnt) but I notice now theyy say at the end of particulars of claim, that i was parked in breach of other T&Cs (ie carpark only for those using the bar and hotel).......would the fact i didnt get out of the car count as parking? Am I screwed??!

Edited March 9, 2015 by sam clark

[raydetinu]

I doubt it, keep going.

Get it struck out.

how do they know you did not go into the bar for a drink while you were waiting? proof is down to them!

[sam clark]

probably because it was 6am LOL

[reallymadwoman]

Remember that as ParkingEye are the claimant, it's up to them to prove everything, not up to you to disprove it.

 

They don't have a leg to stand on so long as you actually turn up - always assuming the claim isn't struck out and they pay the hearing fee and they turn up.