other Parking Eye Court claim - help

[blondshavemorefun]

I am hoping someone can advise me on what to do next. I have read lots of posts on sites where they say ignore everything as these private companies have no legal right to fine you on private property etc etc but then I received a Court Summons.

 

 

I parked and my husband paid for a ticket at 12.14pm (taking us to 14.14pm) in the old BlockBuster in Car Park in Darlington on the 4th July 2015. Husband returned to re-ticket the car but did not have the right money (only euros) and had left me with his wallet to pay restaurant bill. Returned to ticket machine where there was a massive queue (machine playing up with £1 coins) as car park was heavily in demand that day (the sun was actually out). Subsequently there was a 12/13 minute gap in the tickets. Second ticket took us from 14.27pm 15.27 and we actually were on camera leaving the car park at 15.02 meaning that every minute of our parking was actually paid for.

 

 

I contacted ParkingEye as I had no idea there were cameras and explained the situation as I believed they just thought we had only purchased the first ticket. They came back to me and said I could either pay the £60 and not appeal to Popla or appeal and pay £100 if the appeal was lost. I thought I had such a good case that I downloaded the Popla form, filled it in and wrote and attached more info and uploaded it to their site.

 

 

I had not heard anything back from anyone and thought that it must have been quashed until the 18th January 2016 when I received a Court Summons for £175. Astonished, I called Popla to see why they rejected my appeal but they could not find me on their system. They cannot use the fine ref etc and could only go on name and then car reg. After a while she asked me when it was sent in and I said around the 10th September 2015 to which she said that the administrators had changed since London Borough Council lost the contract and it was now the The Parking Ombudsman who dealt with it and the changeover date had been the 1st October 2015. She then said that they had had problems with the changeover, the systems were completely separate and that some people had fallen through the net as they could not see anything appeal from before that date. They then gave me the number of the old administrators and I called them - the lady was sick. I cannot believe that they only have one person who deals with this and I am expected to hope that my case is being dealt with fairly.

 

 

I have contacted Popla (the Parking Ombudman) and they are going to ask ParkngEye if I can get another Popla Code but it seems to me that the general public are on a wing and a prayer.

 

 

Does anyone have any advice - feel mugged!!!!!!!

[blondshavemorefun]

I am hoping someone can advise me on what to do next. I have read lots of posts on sites where they say ignore everything as these private companies have no legal right to fine you on private property etc etc but then I received a Court Summons.

 

 

I parked and my husband paid for a ticket at 12.14pm (taking us to 14.14pm) in the old BlockBuster in Car Park in Darlington on the 4th July 2015. Husband returned to re-ticket the car but did not have the right money (only euros) and had left me with his wallet to pay restaurant bill. Returned to ticket machine where there was a massive queue (machine playing up with £1 coins) as car park was heavily in demand that day (the sun was actually out). Subsequently there was a 12/13 minute gap in the tickets. Second ticket took us from 14.27pm 15.27 and we actually were on camera leaving the car park at 15.02 meaning that every minute of our parking was actually paid for.

 

 

I contacted ParkingEye as I had no idea there were cameras and explained the situation as I believed they just thought we had only purchased the first ticket. They came back to me and said I could either pay the £60 and not appeal to Popla or appeal and pay £100 if the appeal was lost. I thought I had such a good case that I downloaded the Popla form, filled it in and wrote and attached more info and uploaded it to their site.

 

 

I had not heard anything back from anyone and thought that it must have been quashed until the 18th January 2016 when I received a Court Summons for £175. Astonished, I called Popla to see why they rejected my appeal but they could not find me on their system. They cannot use the fine ref etc and could only go on name and then car reg. After a while she asked me when it was sent in and I said around the 10th September 2015 to which she said that the administrators had changed since London Borough Council lost the contract and it was now the The Parking Ombudsman who dealt with it and the changeover date had been the 1st October 2015. She then said that they had had problems with the changeover, the systems were completely separate and that some people had fallen through the net as they could not see anything appeal from before that date. They then gave me the number of the old administrators and I called them - the lady was sick. I cannot believe that they only have one person who deals with this and I am expected to hope that my case is being dealt with fairly.

 

 

I have contacted Popla (the Parking Ombudman) and they are going to ask ParkngEye if I can get another Popla Code but it seems to me that the general public are on a wing and a prayer.

 

 

Does anyone have any advice - feel mugged!!!!!!!

[ericsbrother]

you must acknowledge the claim and respond by saying that you intend to defend in full.

This will give you an extra fortnight to prepare a defence and during that time write to PE

and ask under CPR 31.14 for a copy of their contract with the landowner

that gives them the right to enter into contracts and make claims in their own name.

 

 

Now, Blockbuster dont exist so they cant have a contract with them and it be legal.

Give them 14 days to respond.

They are unlikely to yield this informatuion but you can use that against them later.

 

When you have to submit an outline defence you say you are denying their claim due to lack of standing,

lack of compliance with CPR 31.14

so you cannot submit a full defence until they produce sight of contract,

 

 

say that the matter is under consideration by POPLA

so PE in breach of procedure for starting claim when ADR hasnt made a decision

and thus you ask that the claim be rejected as an abuse of process

and returned to POPLA for proper consideration.

 

 

And in any case, you paid the prescribed fee so there was no breach of the parking conditions,

the time difference being the time taken to exit the car park.

their cameras do not record parking event,

just entry/exit so claim is simply untrue.

 

This will warn them that you arent going to pay up and it will cost them to continue (and lose)

so they may well discontinue and go all quiet rather than risk failing at court and POPLA

 

Also while you are waiting you need to write a stinging letter to boss at POPLA

saying that PE have started civil action withour them making a determination

and thet they have failed in their obligations and that you demand that your appeal is held

or you will seek legal redress for POPLA's shortcomings.

[armadillo71]

And make a strong complaint to the BPA about how one of their members are acting...

 

As well as how the BPA have handled the change over of the running of the Independent Appeals Service POPLA.

 

 

[email protected]

 

Steve Clark

Head of Operational Services

 

Stuart House

41-43 Perrymount Road

Haywards Heath

West Sussex

RH16 3BN

[blondshavemorefun]

you must acknowledge the claim and respond by saying that you intend to defend in full. This will give you an extra fortnight to prepare a defence and during that time write to PE and ask under CPR 31.14 for a copy of their contract with the landowner that gives them the right to enter into contracts and make claims in their own name. Now, Blockbuster dont exist so they cant have a contract with them and it be legal. Give them 14 days to respond. They are unlikely to yield this informatuion but you can use that against them later.

When you have to submit an outline defence you say you are denying their claim due to lack of standing, lack of compliance with CPR 31.14 so you cannot submit a full defence until they produce sight of contract, say that the matter is under consideration by POPLA so PE in breach of procedure for starting claim when ADR hasnt made a decision and thus you ask that the claim be rejected as an abuse of process and returned to POPLA for proper consideration. And in any case, you paid the prescribed fee so there was no breach of the parking conditions, the time difference being the time taken to exit the car park. their cameras do not record parking event, just entry/exit so claim is simply untrue.

This will warn them that you arent going to apy up and it will cost them to continue (and lose) so they may well discontinue and go all quiet rather than risk failing at court and POPLA

Also while you are waiting you need to write a stinging letter to boss at POPLA saying that PE have started civil action withour them making a determination and thet they have failed in their obligations and that you demand that your appeal is held or you will seek legal redress for POPLA's shortcomings.

I will get onto that immediately thank you and post back with further updates.

 

Thank you for the advice. I will do that and then submit what happens.

Thanks again.

[ericsbrother]

You can create a moneyclaim online account to submit your ack of service, just tick the boxes saying defending in full and you dont want mediation. If sending back paper AOS then make sure it goes to the court's addy in Northampton or Wigan and not to PE. This has happened before and they win by default.

[blondshavemorefun]

I have now created a money claim and also started the defence and uploaded.

 

 

I have now had a letter back from the Courts acknowledging my claim

and also stating that they have notified Parking Eye of the same.

 

 

They have given Parking Eye a limited amount of time to reply

and if they don't it will be put into a state of 'stay'.

I guess I just have to wait now.

 

I told the whole story in my money claim really so not sure what I have to do now

other than wait to see if PE contact the courts or myself.

 

 

I did write another letter to PE to let them know that I was defending my claim in court and sent them the tickets again.

 

If you have any other advice that would be useful as the above was I would be grateful thank you.

[blondshavemorefun]

I have received a letter back from Parking Eye saying that

they received my correspondence and note the points raised and stated that they are similar to the ones raised in my defence of the County Court Claim brought against me.

Therefore all queries will be answered in our reply to your defence, which will be sent in due course.

Alternatively I can settle the matter by paying the outstanding amount.

They have not sent me a copy of the Contract between them and the landowner which I requested in a letter to them.

 

Does anyone have a suggestion of what to do now.

 

What happens if I lose at Courts - will I receive a County Court Judgement

and have to pay fees as well as the fine

- any advice would be much appreciated.

 

 

Thank you in anticipation of replies.

[armadillo71]

What has happened regarding post #4 and your complaint to the BPA?

[ericsbrother]

you now write a letter to the court and say that they hace failed to respond to a CPR 31.15 and show a cause of action. You therefore request that their claim is struck out as having no locus standi

[blondshavemorefun]

I have sent a letter back to ParkingEye referring to the missing contract I asked sight of so will now write to the court to let them know that I have not received the requested contract.

 

I have not heard back from the BPA yet so I will give them a nudge with another letter and also let them know that their member has not fulfilled my request.

 

Thank you for the continued help.

[ericsbrother]

did you mention a lack of cause of action? The wording in all of these things is importanat otherwise the letter will just get lost.

[blondshavemorefun]

did you mention a lack of cause of action? The wording in all of these things is importanat otherwise the letter will just get lost.

No u didn't as a bit scared to sound like I know what I'm talking about - which I don't and therefore they will realise I am justcwritingvehat u am told. Will follow up with another letter if I do not receive anything back worth having.

Thanks

[ericsbrother]

When you write to the court just use the words in post 10 What you say to PE doesnt matter as lond as you sent the CPR £1.15 request for the contract at the appropriate time, which judging by their reply you did so you need to have no further correspondence with them until you are toold to exchange documents. This is a court matter so you write to the court

[blondshavemorefun]

Ok. I did not send £1.15 as did not realise I had to. I will send it now and they did not request it either. Cheers

[ericsbrother]

sorry, that should be CPR 31.15 not £1.15, just upper case error on my typing. Repeat, send complaint to court as long as you sent the discovery letter to PE when you were told to

[blondshavemorefun]

Hi there. I received a letter back from the BPA who said that they had contacted Parking Eye to see if they would send me out another Popla Code but Parking Eye refused and the BPA said that it was really out of their hands.

 

 

BUT, I decided to go and have a proper look at the car park to see what facilities there were for paying etc. There are two machines and both take coins and telephone payment, but not credit cards or notes.

 

 

I looked around the car park and saw a very interesting sign on the wall and it read as follows:-

 

 

DONT WORRY IF YOU HAVE OVERSTAYED. IN ORDER TO AVOID A CHARGE PLEASE PURCHASE THE ADDITIONAL TIME REQUIRED BEFORE LEAVING.

I don't know if I am going crazy or not but that is exactly what I did and still got a ticket. The sign is marked Grange Road Car Park and has the Parking Eye name and address at the bottom and there are two in the car park.

 

 

I have photos of this and was going to send them to the Court and Parking Eye and the BPA.

 

 

Any advice on what to say please.

 

 

 

 

[ericsbrother]

Good, this means that PE have refused to use the protocols of the PoFA and so will be hard pushed to persuade a judge they have done things by the book (as they havent) and you will also be able to ask that the case be returned to POPLA or an ADR which you are happy to use to settle the matter of any liability that may exist.

From now on ignore the BPA, no need to send them anything ever again but by all means write to the court and say that as PE refused to supply you with a POPLA code or accept the offer of using an ADR you ask that their claim be referred back to POPLA for consideration.

IF you dont get a response from this letter before you have to exchange evidence bundles then you include the signage etc in your evidence as to no breach and the contradictory nature of the signs being insufficient to offer and in return consider a contract. When you have to exchange docs you send copy to PE or their lawyer and the court.

[blondshavemorefun]

Hi there

 

 

Really confused now as received a letter from the court yesterday which is a NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK.

 

 

It says to TAKE NOTE THAT

 

 

1. This is now a defended claim and they have crossed out the following THE DEFENDENT HAS FILED A DEFENCE, A COPY OF WHICH IS ENCLOSED.

 

 

2. It appears that this case is suitable for allocation to the small claims track.

 

 

If you believe that is track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questiionnaire (Form N180) and explain why.

 

 

3. You must by March 10 2016 complete the Small Claims Directions Questionnaire (Form N80) and file it with the court office and serve copies on all other parties.

 

 

I really do not know what to do now.

[blondshavemorefun]

Hi there

 

 

I received my Claim Form from the County Court on the 18th January so presume I had to send back to them before the 18th February. I have posted a defence but now have the photographs of the car park showing the signs I have mentioned above. How do I add more defence. I thought that I would be sent something else before the court date which I also do not know. I am really not used to this sort of mess but still feel strongly that I do not want to pay as still feel completely bullied and they have the upper hand due to being a large bully boy organisation and people like me just normally give up - I am also worried that the summons will be heard 100's of miles away - another string to their bow.

 

 

Any advice.

[blondshavemorefun]

Hi there

 

 

Below is the letter I have sent to Parking Eye today and also let the Court have a copy.

 

 

RE: Parking Charge Notice – 041653 / 172303

Firstly I asked for a copy of your contract with the Land Qwner which you have yet to send me which means that you are in breach of CPR 31.15.

I wrote to the BPA on the 12th February 2016 for advice and to ask them to mediate with you but they replied informing me that you had refused to send me another Popla Code even though you are fully aware that the changeover of administration of Popla had caused problems.

I want to confirm that you are refusing to send me another Popla Code, a copy of the Contract between you and the Land Owner or any type ADR with which to settle this out of court.

I have attached evidence to show that you openly offer the option to pay for any additional time if you overstay, which is exactly what I did, therefore, there has been no breach of contract and that any signage is contradictory and ambiguous.

I therefore ask that you either drop this case or send me details of your lawyer so that I can furnish them with it and also request a copy of the Contract which you have failed to send.

I believe that you have not followed the protocols of the PoFA and that I have been unfairly fined.

I look forward to hearing from you.

This letter has been sent to you by Royal Mail Recorded Deliver.

[ericsbrother]

the hearing will be at the nearest court to you, forcing PE to spend money hiring a local solicitor to deal with the matter. This meand they will have to pay uout money they cant reclaim and the person they use probably wont have all of the correct paperwork on the day so more cost and no gain to them.

 

DO NOT write to PE again, they have set out their stall so anything you say to them will not be of benefit to you. When you are told to submit your defenec you send a copy to both PE and the court but that is a while away yet, the allocation questionnaire will determine where and when the clain is heard and they may decide to cut their losses as they will have to pay another £25.

 

In the maenwhile there is a lot of interest in cases where planning permission has not bee granted for their signage and cameras so get on to the local council where the car park is and ask them if PE have planning permission for their signage and cameras under the advertising hoardings display regs of the Town and Country Planning Act. Do not accept the answer from the council that they dont need PP, yes they do.

 

Look at the thread here about a Mansfield retail park and note the cahpet and verse of the regs. No PP and PE are breaking the law. That means you cannot enter into a contract so you will be able to hit them with that when you file a defence. Make sure that when you get a response from the council to demand they enforce the planning regs so it hurts PE even more

Edited March 3, 2016 by honeybee13
Paras.

[blondshavemorefun]

Thank you - I will get onto to that.

 

 

Really grateful for the continued help. Court frighten me really but don't like Cowboys like this so need to go all the way with it.

 

 

Cheers