Parking Eye Dovecot St Stockton - Over stay PCN - claimform received

[terrier82]

Hi Just looking for some advice on below, if anyone can help?

 

I have just recently received the below from appealing to POPLA,

I still have the ticket with £2.70 printed on the ticket,

 

 

the ticket only displays the arrival time,

there was parking tariffs on the sign

but believed that this would pro rata, ie additional 70p,

would more than cover the additional 28mins over the £2 for 2 hours.

 

The operator has provided me with photographic evidence of the appellant’s vehicle entering the Dovecot Street Car Park at 13:27 and exited at 15:55 for a stay totalling 2 hours and 28 minutes.

 

 

The operator has provided a system print out,

which shows that the appellant purchased a two hours parking time at 13:29.

 

 

The operator has provided photographs of the signage that is located at the site.

 

 

The signage states that “Parking Tariffs Apply

…Failure to comply with the terms & conditions will result in a Parking Charge of £100”.

 

 

The appellant states that he paid £2.70 and purchased a ticket.

He states that there were two parking tariffs available to him,

one tariff was two hours for £2

and the next option was four hours for £3.

He states that as he paid £2.70 he is entitled to more than two hours.

 

 

However, by the appellant’s own admission,

he has acknowledged that the two tariffs available to him were two hours for £2 and four hours for £3.

The appellant does not have the option to pay alternate prices in order to receive altered parking time.

Therefore, paying £2.70 would allow him to park at the site for two hours.

 

 

Furthermore, the signage at the site states that

“You can purchase additional time (if required) at the payment machines or by phone before leaving”.

The appellant had the option to purchase additional time once his parking ticket had expired.

 

 

On this occasion, the appellant has failed to comply with the terms and conditions.

As such, I can conclude that the parking charge was issued correctly.

 

Just doesn't seem fair to me?

[reallymadwoman]

I think you'll discover that nothing about private parking charges is fair.

 

POPLA have almost certainly issued the correct decision in accordance with the terms and conditions of parking at that site,

assuming that you've only appealed on the basis that you paid an extra 70p.

Had you appealed on other grounds you may well have got a different result.

 

 

However, all is not yet lost.

Have a read around the forum of some other threads regarding private parking

and give us some more information,

in particular,

which company is involved as that will enable you to get the right advice.

[terrier82]

Hi, Thanks for the reply, will have a look around, it is parking eye who manage the car park.

 

more info: Please see attached ticket showing that I did pay £2.70 on the day.

[ericsbrother]

so what? the tarrif asys that you must pay the prescribed fee and you didnt. You must find something else as a reason why this £100 isnt due.

[terrier82]

Any ideas?

[ericsbrother]

read the thread here on things like land ownership and planning permission.

 

 

They are going to be the best hope,

the former is probably properly tied up if they are fairly new there

but may well have a contractual relationship with the wrong entity if it is an old contract.

 

 

Planning permission will be need for a pay and display car park

so the Land Valuations Agency or local council are the ones to ask.

 

 

Also chack with local council about PP for the signage and cameras etc.

[terrier82]

Thanks for your help will cheers

[ericsbrother]

read the PE ansfield thread and do likewise before sending PE a letter telling them that you cannot be party to their criminal enterprise

[terrier82]

I can't find this, what Is the title ?

[zydeco]

http://www.consumeractiongroup.co.uk/forum/showthread.php?454608-Parking-eye-Mansfield%286-Viewing%29-nbsp

[terrier82]

Thank you

 

Hi, I rang the local council today and they said, it didn't need PP with it being private land?

[ericsbrother]

rubbish

 

read the Mansfield thread and ask them again why they say this.

 

 

Just some junior who isnt qualified to comment answered the phone no doubt

[BazzaS]

Hi, I rang the local council today and they said, it didn't need PP with it being private land?

 

Did you point out their planning dept. would all be out of jobs if this were true?

The majority of planning applications relate to private property!

 

http://www.bbc.co.uk/news/uk-england-surrey-34768403 : private land.

[terrier82]

I got this reply from the council today, sounds like the condition is not met yet sounds a bit vague?

 

 

Thank you for your enquiry regarding the car park at Dovecot Street in Stockton.

 

 

Planning permission has been granted for the permanent use of the site as a car park area

(which included the parking meter and signage) in September 2014 (14/2033/FUL).

 

 

A condition was attached to the permission regarding the completion of works to the former wall of the Brunswick Chapel

with details to be submitted to the Local Authority for approval.

 

 

I understand that the applicant has been in touch regarding the proposed works to the wall.

[Capt Slog]

If you can access this application online then I suggest you do so. In the case I'm looking into, the term "Signage" relates to the actual sign regarding the store name and not the parking ones. Good luck.

[terrier82]

read the Mansfield thread and ask them again why they say thisd. Just some junior who isnt qualified to comment answered the phone no doubt

 

Thanks for your help turns out no planning permission for the signage, anpr or the meter itself !

[ericsbrother]

Good, when they threaten to sue you can let them know that you will be informing the court of their criminality as part of your defence. Let the council know that you are going to chase them to make sure they enforce the law.

[terrier82]

I wrote Parking eye a letter and attached correspondence from the council saying no planning in place,

 

 

they have sent county court papers now and refer to the lost POPLA appeal?

[honeybee13]

Hello there. The guys here will know what to do, please bear with us until they're able to get here.

 

This is an N1 form, yes? Can you type up their POCs [particulars of claim] minus any identifiable details please?

 

Plus what is the issue date on the top right of the N1?

 

HB

[ericsbrother]

PE like to claim they dont need PP but we know they do and so do they.

 

 

they have lost in court when trying this one on before and recently they got their arses bitten by Mansfield council in short as long as you are right on this they cannot create a contract to be broken.

 

Acknowledge the N1 and say you defend and deny the claim in its entirety.

 

 

In your case I would add into the defence box that PE do not have planning permission for their signage, which is a criminal act so no contractual obligation can ever exist by way of them.

 

they will be told of this and then have to pay an allocation fee to progress the matter.

In the meanwhile soo if you can find reference to one of the cases they lost for having no PP and get hold of the claim number and the court it was heard at.

 

That will see them off as the judge will have to take that into consideration, even if he/she doesnt want to dismiss without hearing the claim.

 

later on you can add a claim for full costs recovery, including 5 hours research time as LiP at £19/ph as their claim is vexed (based on your correspondence they wont be able to deny this)

 

 

the thought of giving you £100+ your expenses for the day may make them want to discontinue but it is likely that this will not happen until the actual hearing date gets close and they have an idea of the strength of your resolve

[terrier82]

Hello there. The guys here will know what to do, please bear with us until they're able to get here.

 

This is an N1 form, yes? Can you type up their POCs [particulars of claim] minus any identifiable details please?

 

Plus what is the issue date on the top right of the N1?

 

HB

 

Hi, it is the N1 the date at the top right is 16 May, I have responded on line and have said to defend in full and have been given additional time to gather evidence,

 

POC

Claim for monies outstanding from the defendant, in relation to parking charge, issued 19/09/15

for parking on private land in breach of the terms and conditions (the contract)

 

 

parkingeyes automated number plate recognition system, monitoring dovecot street stockton captured vehicle reg entering and leaving the car park, parking without purchasing a valid paid parking ticket,

 

 

the signage which is clearly displayed art the entrance and throughout the site,

states this is private land, is managed by parking eye and is a paid parking site,

along with other T+C's by which those who park on site agree to be bound,

 

 

in accordance with the T+C's set out in the signage, the parking charge became payable,

 

 

the defendant previously had their appeal rejected by popla the indepedant service for parking on private land

 

Amount claimed £100

Court Fee £25

Legal representative costs £50

 

Cheers

 

 

Thanks in advance

[ericsbrother]

a simple skeleton defence will be that PE do not have the authority to enter into contracts

as their signage is there illegally so you cannot enter into a criminal compact with them.

They have been told this well before they issued their claim.

 

As their claim is vexed you request that a full costs order is made against them.

you can then add all manner of other things when you come to exchange papers,

which will be about a fortnight before the hearing.

 

 

I would reckon that they discontinue when they have to pay the allocation fee to save themselves a hiding to nothing.

[terrier82]

Council have just confirmed there is current enforcement, enforcement case number is 16/0217/EWKS

[ericsbrother]

doesnt matter, there wasnt the PP at the time of the event so they didnt have a contract.

typical PE though, will probably tell lies to the court and hope no-one notices or challenges them.

[terrier82]

Put defend in full and counterclaim, got a questionnaire from the court asking if I would be prepared to mediate should I do that or let it go the full way?