other ParkingEye claimform - PCN late Feb 2015

[griffiths5]

I need some help with a court claim regarding a parking charge from ParkingEye,

 

 

The acknowledgement of service has been sent on time,

 

 

Just need to put together a defense,

 

 

Is there someone can help,

 

 

I can explain in detail the history of the case

[SabreSheep]

There are people that can help.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Paste the answers to the relevant questions here.

 

Ignore cca request etc.

[ericsbrother]

you can start by giving us the dates of the event and the paperwork plus what you siad if anything in response. Also, we need to know where it was and what the alleged breach is.

[griffiths5]

I am helping my daughter with this claim.

She did receive a parking charge notice in the Bristol area late Feb 2015.

The carpark is monitored by ANPR.

 

 

She was 8 plus months pregnant at the time and was meeting a couple of work colleagues for a coffee etc.

She start to feel unwell, and uncomfortable with the baby and was worried,

and decided rest and not drive the car for obvious reasons.

 

 

She and her friends received parking charge notices.

My daughter did appeal on their on-line site, explaining the situation.

 

 

The replied with no acknowledgement of the fact she said she was unwell.

They asked for proof that she used the facilities which she did but only buying a coffee.

Her friends treated her and paid the main bill.

 

 

Their response was that it did not meet the landowners discretionary criteria.

My responded with a request for a more in detail explanation of what that criteria was,

no response was received.

 

 

She left as she gave birth a late March and did not follow up with a appeal to the POPLA.

Its taken a more than a year for them to send the letter before action.

She did respond to this and has not received any satisfactory reply.

Only referring to the fact she had not appealed to the POPLA

They have also supplied any information requested or the landowners details.

 

 

There is another factor to the case one of the friends challenged the Parking Charge and they cancelled it.

 

I have been doing some research,

The parking area was monitored by ANPR,

The time between does not allow for any time to find a parking place

and they never at any point mentioned that there is a minimum grace period of 10 mins,

added to the time to park this could have in in more like 15-20mins.

 

 

The other area of law which not familiar with is that the circumstances to cause a breach of the contract

were beyond her control there for a Frustration of the contact occurred.

 

 

another area would be she was protected by the equality act and did receive unfavorable discrimination

 

I have ask them again for information, writing to the coffee shop

and will write to the landowner if I can find out who there are,

 

 

She doe has not copy of the original parking charge notice or any of the appeals which were done on-line.

She does have copies of her friend letter and parkingeye response with the cancellation of the charge

[griffiths5]

Just to add it was a free 2 hour period with an overstay 15-20 mins

[ericsbrother]

everything you say is mitigation and pregnancy is not a disability

so one will have to be very wary of relying solely on that as a reason for overstay.

 

 

However, the burden of proof that she was PARKED for the entire time is on PE

so any evidnec including witness statements that it took an age to find a space,

read the signs and leter queue to exit will destroy their claim

as it is for breach of parking conditions or contract, not for trespass.

 

The overstay time will be cited on the NTK

so be absolutely sure of the time rather than being vague.

 

 

There is a big difference between 15 and 20 minutes in terms of percentage of overstay and the likely reasons for doing so.

 

In the meanwhile she can do a CPR 18 request to PE for a copy of the the contract with the landowner that assigns the rights to enter into contracts with motorists and to make claims in their own name.

 

 

Often these contracts mention the parking co meing managing agents so no rights to go to court themselves.

 

 

Also under same CPR part 18 ask for a copy of the planning permission for their signage and cameras.

 

 

They rarely ahve this even though it is a legal requirement.

No PP then no contract as you cannot enter into a contract with someone who is committing a criminal offence at the time.

 

 

Check with local council about this as PE have lied to courts on several occasions about this before when it was obvious they were onto a loser.

 

last thing, did you appeal to POPLA?

if not you can request ADR instead of court hearing. that will upset them as they have to oblige.

 

In brief the defence should be no breach of contract occurred (dont say why at this point, that will be beefed up later whe we have more evidence) so no monies due.

[griffiths5]

I have written to them twice asking for information this has not been forthcoming,

no doubt I should have asked under CPR18 to get this information.

 

 

She did not appeal because she had given birth to the baby and it was the last time on her mind at the time.

 

 

She had written to them asking for the landlords criteria, they did not reply.

I suppose because of the lapse in time she thought it was over. I will send them a CPR18 this week with the information request you have suggested,

 

 

The defense at this stage can be just that the breach did not occur.

What are your thoughts on the Frustration law?

 

She does not have the original parking charge notice, and she is unsure of the time she went over, I have ask for another copy of this, can this be requested under the CPR18

[ericsbrother]

yes, I would insist on copies of all of the letters they claim to have sent, some of these can be asked for under CPR31.14 but the in same CPR 18 will do as it is evidence you want to use whenther they do or not.

[griffiths5]

Do I write to them now and ask for the ADR hearing or do I ask the court at the hearing.

[ericsbrother]

no, let them pay some more money and then use the tick box on the allocation questionnaire.

However, get your CPR18 and CPR 31.14 off to them and give them a fortnight to reply. If they then fail to respond witht eh info write to court and say you want the claim struck out for having no locus standi.