ParkingEye PCN/County Court Claim 4 hours free parking but didn't enter car details.

[Bigjohnl51]

I went Leisure World in Southampton to watch a film. ParkingEye took over the car park in June last year. The car park is 4 hours free parking for Leisure World users but you must enter your Car registration details to qualify. I didn’t.

Received a PCN in the post, £100.00 would be reduced to £60.00 if paid in 14 days. I went on-line and checked the parking at Leisure World and it said “Free for 4 Hours”. Thought the PCN must be a mistake so ignored it.

9 days later a second reminder letter arrived. I went on-line to seek advice on parking on private land and the general defence advice at the time was ignore it so I did.

£100.00 would be reduced to £60.00 if paid in 4 days.

21 days later a third letter arrived.

£100.00, must be paid in 14 days.

Again went on-line, unfortunately not on this site, and the advice was, as I was not the driver, to respond that I was not the driver and therefore not liable.

Received County Court Claim

Defended Claim based on on-line advice, again not this site,

My defence was based on the fact that I did attend the cinema and therefore was entitled to 4 hours free parking. I also stated that I was not the driver and therefore not liable and also that as they are claiming a breach of contract they could only claim their losses and as 4 hours are free their loss was nothing.

Courts acknowledged my defence.

ParkingEye issued a Notice to Proceed, a 47 page letter. They have quoted a case involving a District Judge HHJ Maloney. This is a case they won but it is regard to two people overstaying a free period. I did not overstay a free period but did not register my car. They also said that I could not change my defence at this point without the courts permission.

I understood that I have to submit a witness statement at some point and that would include any evidence I want to use in the case.

Directions questionnaire (Small Claims Track) received and I completed and returned. ParkingEye sent me a their copy, signed “PE” as the claimant.

Notice of Transfer of Proceedings to Portsmouth County Court.

I am awaiting Judge’s directions.

I have since sent a copy of a letter to ParkingEye from Odeon Cinema’s stating that they can confirm that I did purchase cinema tickets on that day and therefore entitled to 4 hours free parking.

I need help.

[citizenB]

You should be advised by the court when to enter a Witness statement, however, it is usually 7-14 days prior to the hearing - copy to both the court and the claimant.

 

 

 

 

They also said that I could not change my defence at this point without the courts permission.

 

 

Not sure what their point is in mentioning this - were you intending to change your defence ?

 

Anyway, I will alert others on the site team for more advice, although I am sure there will be many other caggers who will be looking on you as soon as they can.

[Bigjohnl51]

Thank you. Not sure why they should mention that either but maybe they think I will find a better defence later and are trying to convince me that I cannot add to it. It was also interesting that in their 47 pages they say is that any evidence I submit I should be concise as to not waste the courts time having to read it!

[ericsbrother]

They mentioned it because they want you to believe that they are the law of the land and they know better than any judge. Usual tactics-bullying and coercion. When you get to court you can say whatever you want to say but will find it very difficult to introduce new written evidence, witness statements etc so get any paperwork you need before the exchange of documents date

[zydeco]

They have quoted a case involving a District Judge HHJ Maloney

 

This is the Beavis case which is wending its way to the supreme court for appeal so at the moment they can't use it.

[Bigjohnl51]

Thank you. There is a possibility that the car park at Leisure World is on Port Authority Land which is not covered by Protection of Freedom Act 2012. Does anybody have any info on this?

[Bigjohnl51]

Thank you. There a lot of cases I could refer to where ParkingEye have had their case dismissed but they are all about people overstaying a free period and on ParkingEye's right to take a case to court in their own name. My case is a straight forward breach of contract. I did not Register my Car details and they say that was part of "The Contract".

[ericsbrother]

but you paid and entered your car registration number as required in the contractual conditions.

 

You made an error which is not a breach of those conditions (as it will not specifically say that being human is a breach of contract) and no loss has occurred to PE by this error.

 

Their number plate capture data will have no record of the car reg you entered ever being there and they know this but will not willingly offer any evidence that shows this rather inconvenient truth.

 

Ultimately you can counterclaim for the money you paid but did not receive a service for but that is not one I would go all guns blazing on as getting 6 quid back and payng £100 is not a good business model.

 

What wont go well for you is failing to appeal to PE and then POPLA when you had the opportunity.

 

Judges generally dont like listening to cases where there is an alternate disputes resolution procedure that is not used. When parking co's dont follow the protocols of the PoFA they dont get very far by court action

 

so generally those that arent compliant just send out threatening letter, as can be seen by reading many posts here. The ones that do go to court tend to lose very badly or in the case of CEL dont bother to turn up because they know they are going to lose.

[Bigjohnl51]

Thank you. The lack of a POPLA appeal is annoying. I did go on-line but was looking at "old" advice without realising it but I am where I am.