Parking eye claimform received - overstayed free 30mins whilst in car getting granny with a BB - help

[deb66]

I'm registered keeper of our car

 

Boyfriend used it to collect grandmother from Premier Inn Deansgate Locks where she had been staying with family up from Brighton

 

Overstayed his free 30mins in carpark governed by parking eye.

 

Now live money claim for £175 against me

 

Grandma has a valid blue badge which was displayed

 

Car was not parked but waiting as it was never left unattended

 

When boyfriend went in Premier Inn to get grandma cousin who was passenger remained in the car with the keys.

 

Just over 30 mins after entering the car park boyfriend left after helping grandma retrieve luggage check out load car and said long and tearful goodbyes

 

What does anyon suggest I do please

 

Many thanks

[Bazooka Boo]

Are you saying you have now received a MCOL?

 

Did you appeal the NTK at all? Or just ignore everything they sent you?

[ericsbrother]

you will need to tell us what correspondence you received and when and what was said in response.

 

This claim is not that difficult to defeat but will take a lot of time and effort which could be better spent on other things

 

tell us everything and we will try and help formulate a response that will make them drop the matter.

 

They have spent money to get it this far so they wont be inclined to just drop it but they can be forced to.

 

Blue Badges mean nothing on private land but it does point to a possible claim againt them for disability discrimination so get granny's BB number handy.

[deb66]

Basically ignored everything. Now got this pack asking me to admit or submit a defence. Emailed premier in she said it's too late for her to help

 

I haven't got a great timescale as boyfriend was misadvised so ignored correspondence and I haven't got copies of what he since threw away

 

On the court claim it says

 

Particulars of claim

 

1.Claim for monies outstanding from the defendant as registered keeper in relation to a parking charge issued 29/08/2015 for parking on private land in breach of the terms and conditions (the contract)

 

2.Parking E automated number plate recognition system monitoring Premier inn Deansgate locks Manchester river street .......captured vehicle y......... Entering and leaving the car park without a valid paid parking ticket

 

3.The signage clearly displayed at the entrance to and throughout the car park states that this is private land is managed by parking e and is a paid parking site along with other t and cs by those who park on site agree to be bound

 

4.In accordance with the t and cs set out on the signage the parking charge became payable

Notice under the protection of freedoms act 2012 has been given under sch 4 making the keeper liable This claim is in reference to parking charge ........

 

The claimant believes these claims to be true.

Signed and a printed name

 

Amount claimed 100

Court fee 25

Legal reps costs 50

 

 

Thanks all

[deb66]

Not sure what MCOL is ? Money claim on line? If so yes think that's what I got from Northamptonshire business centre. Thanks

[Bazooka Boo]

Yes MCOL is Money claim online, and if you've received anything from NBCC then it will be a claim.

 

As Ericsbrother says, will need to know the timeline of events, and need to see if they have followed the PofFA, as they are referring to it.

[deb66]

I'll quiz boyfriend and see what we have when I get home. Thank you will update shortly

 

Just found copy of one letter on my phone.

 

From parking E

Letter before county court claim.

Dated 17/10/2015

 

On the 2nd October we notified you as the registered keeper of this vehicle you had become liable for the parking charge notice which concerned a breach of the terms and conditions at Premier Inn ....on 22 August This charge is therefore levied for breach of contract. This was because the requirements of schedule 4 of the protection of freedom act 2012 required for the keeper liability had been satisfied Further to this we advised you that the amount payable was £100 for the parking charge notice and you were required to make this payment or further action would be taken.

 

Parking E is still not in receipt of this payment as such we must inform you that unless payment of £100 is made within the next 14 days action will be taken and court proceedings will be issued which will incur further costs

 

These cost include but are not limited to £50 solicitors costs and £25 court claim issue fee Should you wish to contact parking e you must do so writhing 14 days of the fate of this letter before claim.

 

We draw your attention to the recent court of appeal judgement detailed at point number 5 overleaf which has set a leading precedent and is binding in the field of sums enforce for contractual breach.

 

Yours faithfully.

 

Not sure that we will have any other letters and I don't have a copy of what was overleaf!!

 

I don't think I have any other letters. This is all. However the date on their letter 22 Aug. Does not correspond with the date on the court letter ...pcn issued 29 th October. Does this hold any relevance or is it just when the notice was issued as in it isn't issued at the time

 

Thanks

[ericsbrother]

first thing you need to do is to send back acknowledgement of service saying you intend to defend in full.

this gives you another 14 dyas to then submit an outline defence.

 

this can be in bullet points such as

not parked, just collecting disabled passenger

inadequate signage,

no planning permission for signs so no contract etc ( ask the local council planning dept about this last point).

 

PE have used number plate capture so they cant see blue badge and will claim that it doesnt count anyway

but you should touch on the Equalities Act and request from PE a copy of their statements regarding adjustments to allow for those who have accessibility problems.

 

I would also be looking at sending a "Statutory Questionnaire" to the HQ of Premier Inns and warn them that you are giving them notice that you intend to make a civil claim against them ofr disability discrimination under the EA and quote the case ref for the claim from PE against you.

 

you will need to look up the exact wording for the preamble of the SQ to make it legal.

Send a copy to PE and tell them you are going to name them as co-defendants in any claim you make.

 

Find out who the CEO or operations manager of Premier is and let them know that you will be gunning for them unless they instruct PE to desist.

 

This will most likely result in PE making another offer to settle for about £60.

keep this paperwork and use it to bash them with should they not discontinue.

 

So, for the moment just get the AOS sent back and try and do a bit of reading on the other bits.

[deb66]

Thank you. Will get it ready for posting tomorrow and get some reading done as you suggest.

[deb66]

Ok followed the instructions now daughter has had.a letter It is a Notice of allocation to the small claims track Dated 20 Jan received 2 days ago.

 

It says

TAKE NOTICE THAT

this is now a defended claim and scrubbed out is

The defendant has filed a defence

 

What does she have todo now. Where does she go from here

Many thanks as always

[ericsbrother]

PE will now have to pay another fee and a hearing sate will be set.

 

She will then be instructed to file her defence documents and axchange a copy with PE by a certain date, normally written as 14 days before the hearing.

 

PE may well try and get what is called a paper hearing,

where a judge just looks at the papers filed and doent have any witnesses, cross-examination etc.

 

Dont accept this, PE are prone to not telling the truth about all sorts of things so being able to turn up and question the validity of their claims is paramount.

 

In the maenwhile she should do the other things suggested about the Stat Q and sned off a CPR 31.14 request for discovery of their contract with the landowner and copies of the data they claim shows the parking event and ask the local council about the PP for the signage.

 

It may be in the name of the store or LL so you have to be thorough.

 

When you do get to axchanging documents they should include all of the data surrounding the event and the run uo to the claim, if they dont you write to court and say that they are witholding this.

 

She should also ask the DVLA about who has accessed her keeper details, when and why. It may be that they didnt actually send out things in time and this will show up in that access request.

[deb66]

Thank you. We will get onto this now

[deb66]

I'm struggling to find a relevant copy / template of a Stat Questionaire. Anyone point me in the right direction please

[armadillo71]

Can't help you with the court procedures I'm afraid but can you clear something up please.

 

Your first post states that you are the RK and have received a claim against you.

 

But in subsequent posts you are talking of your daughter and letters she has received....

[ericsbrother]

google Eq2ualities Act statutory Questionnaire and you will find several pages that will lead you to the governments own form.

 

As long as you hear the letter correctly and say that the questions are being asked under the Equalities Act it will suffice at this stage.

 

If you do decide to go after the company who owns or has a contract with PE then you will need to word thelba in a certain way.

 

If you speak to the people at the Equalities Commissioners office they will be able to tell you the exact phrase.

 

What you need to ask is what procedures they have in place that will allow the ANPR system to make decisions on whose vehicle has a blue badge displayed and theerfore amke reasonable adjustments to allow those people to park,

 

the ability to exit their vehicles and do their shopping and return to their vehicles that would permit them the same time to actually shop as someone who does not need this additional time to park. (something along those lines)

 

essentially the ANPR they use and entry and exit isnt fit for purpose and they dont know whose car has a BB because they arent actually managing the car park, just monitoring the time of entry and exit, not the parking maneouvres or the waliking to the signs to read them and comprehend the conditions of parking etc.

 

All these little points go against them but you should send the same to the CEO of the store and let them know that you will be seeking compensation from them as they are in charge and are vicariously liable for the behaviour of PE.

[deb66]

It's my daughter and she is the registered keeper. She started the post under my user name and I've updated as she's been at work. Sorry for the confusion armadillo71

 

And thanks we will get onto that now. I wrote to premier inn. Carpark owners so to speak and they have just replied giving me details of parking eye saying they are responsible. I have wrote to them again saying they are the ones instructing parking eye so it is the name address of their person I require.

 

Thanks all

[Elaine Novak]

Hope I am doing this correctly?

 

Can highly priase this site for giving me so much information to throw at Parking Eye and it absolutely worked.

 

I gave them 30 days to reply with all information regarding my supposed overstay on a Morrisons Car Park.

 

I also asked for details of the cameras on site and the details of their employer in order that I could contact them.

 

I carefully selected points to 'throw' at Parking Eye from this site's letters that folks had written.

 

I sent a receipt and also mentioned the fact that the car in the photo was unclear but the reg they had and the date and time were oddly very clear.

 

I also looked up points of law against them.

 

Paid off because I won the day and they wrote off the charge.