Parking Eye issue County court claim

[gilly5001]

Hi

Three months ago we parked at Bygone Times in Chorley

- there was a parking sign saying sign in at reception.

At reception there was a huge queue so we bypassed mistakenly thinking you had to sign in if you werent a member.

 

we showed our gold cards and entered the place.

we bought several itsms - unfortunately don't have the receipt as it's all second hand goods/ antiques etc so tiny little till roll.

 

week later parking eye £100 fine arrives with picture of car entering and leaving the car park

- searched and ignored accordingly.

 

have had a couple of letters since and again researched and ignored.

 

today however a county court claim from Northampton has dropped through the door

 

what do we do now?

 

thanks in advance

[dx100uk]

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

dx

 

oh It is NOT A FINE

[gilly5001]

Thanks I will, inrewlise nit s fine but a penalty - I’ll probaby go back and check signage although I did see the sign I just didn’t read properly - it’s always been a car park for the place - a free car park. Would I be able to defend on that? It’s free but to use for the store - we used the store , just didn’t put details in the computer

 

I’ll complete the details of claim and post up this evening

[ericsbrother]

they are suing you for breach of contract so we need to know what the contract was. Basically the signage is the contract so that means we need to see the signage.

As you say it is a sign in system then the store operator has the ability to override that contract and to create other conditions. It is still not too late to get the store involved. If they say that they cant help then simply ask them if they own the land or are just tenants. The latter would make it rather interesting as to what chain of authority has been created and that is something you will be asking PE in a request for documents under Civil Procedure Rule 31.14

 

First thing you need to do though is acknowledge the claim by either creating an online account at moneyclaimonline or by filling out the acknowledgement of service paperwork and returning it to the court. You then have more time to submit a skeleton defence.

Now for help with that you will need give us certain information so to start off with do you still have all of the paperwork that PE sent you?

[dx100uk]

Thanks I will, I realise it s fine but a penalty

- I’ll probaby go back and check signage although I did see the sign I just didn’t read properly

- it’s always been a car park for the place - a free car park.

 

Would I be able to defend on that? I

t’s free but to use for the store

- we used the store ,

just didn’t put details in the computer

 

I’ll complete the details of claim and post up this evening

 

its not a penalty either read the ticket!!

[gilly5001]

Name of the Claimant ? PARKINGEYE LTD

claimants Solicitors: NOT STATED BUT SIGNED BY ROSANNA BREAKS (CLAIMANTS LEGAL REPRESENTATIVE)

Date of issue – 22 jan 2018

 

What is the claim for –

 

 

1.Claim for monies outstanding from the defendant, as registered keeper, in relation to a parking charge, issued 19/10/2017, for parking on private land in breach of the terms and conditions (the contract).

2.Parkingeye’s automated number plate recognition system, monitoring Bygone Times, Eccleston Main, Grove Mill, The Green, Eccleston, PR7 5Tz, captured vehicle Reg xxxxxxxxxxx entering nd leaving the car park, parking without authorisation.

3.The signage, clearly displayed the entrance to and throughout the car park, states that this is private land, is managed by Parkingeye LTD, and authorisation is required to park, along with other T & C’s by which those who park on site agree to be bound. In ccordance with the T & C’s set out in the signage, the parking charge became payable.

4.Notice under the Protection Of Freedoms Act 2012has been given under Sch 4, making the keeper liable. This claim is in reference to Paking Charges xxxxxxxxxxx.

 

What is the value of the claim? £175

 

Also, other half rang Bygone times who have said they may be able to help and we would hear in 2/3 weeks so obviously I’m going to acknowledge and prepare to defend anyway

Thnkks

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

................

 

to the solicitors

 

[Your address]

.

 

[Their address [solicitors]

.

[Date]

.

 

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

 

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

 

 

 

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[gilly5001]

I've acknowledged - their solicitor not listed o the claim form.... maybe time got some digging

Thanks

[dx100uk]

goes to PE themselves then

[ericsbrother]

PE dont use solicitors, they do it all in house

I've acknowledged - their solicitor not listed o the claim form.... maybe time got some digging

Thanks

[ericsbrother]

OK, the claim is for breach of contract so they shopuld only be claiming exactly what it says on the sign, no add ons.

 

Civil law and the POFA say this but all companies add a few quid because they feel like it and very few people understand why it isnt right

[gilly5001]

I haven't heard anything either from Parking Eye 're the above letter I sent or indeed after my husband spoke to the company whose land it was on who said it would be sorted.

 

Can anyone help with the defence?

 

It'll have to be submitted by the 25th February

Thanks

[dx100uk]

due by 4pm 23rd

[ericsbrother]

Who owns the land?

we cant help you if you do things like this and then dont tell us about it.

 

How did he speak to them, in person, over the phone, in writing?

Again this is important because that will determine what sort of contractual obligation has been created and probably none at all if they actually said that it was OK with them to park as that trumps the signs.

 

You must start paying more care with what you do and say so everything goes in your favour and not against you.

[gilly5001]

I'm sorry I'm not sure what I have done and not told about it? I explained in an earlier post that my OH had rang Bygone Times to complain and they had said they would sort it but that would submit anyway as can't trust Parking Eye. I've been unwell and missed the deadline to submit the defence - I did send them the letter as advised on here but didn't hear anything back

thank you all for your advice - again apologies if I did something wrong:!:

[ericsbrother]

so you come back and still dont answer any questions a fortnight later.

We cant help those who dp nothing to help themselves, you had plenty of time to read up on these things and the submit a skeletn defence or ask us about more detail but you didnt bother. were you really so ill you couldntlift a finger to press the letters on a keyboard?

[gilly5001]

Finding your posts a little aggressive and I'm not sure why.....I have always valued posts on here.

My last post asked for help with a defence and then life took over

 

Without knowing any details I don't know why you would be so

I've never taken replies for granted and appreciated people's responses

- I know it's my fault I missed it, again no blame with anyone else

I did read up thanks- and I asked for help

 

I've come back to check as I remembered this was still going on - As for questions

 

Oh rang Bygone times who said they would sort....

I don't know if they own as I haven't had any response to the request I made.

 

He rang them as it was their car park we were on

Again I'm not asking for help- I just apologised as the tone of your post.

 

If I've a ccj I'll pay - sometimes things happen that divert your attention and suddenly a ccj for 175 quid is the very very least of your worries

Edited March 4, 2018 by dx100uk
spacing

[DragonFly1967]

OK. Even though you've now missed the deadline for filing a defence. You could try to send one in anyway.

 

The county courts are much more lenient when dealing with individuals as you're not really expected to know the ins and outs of the legal system. They may not accept it, but it's at least worth a try. Enclose a letter explaining why it's so late. You never know.

 

However, even if your WS is not accepted, this doesn't mean that you can't go to court to challenge any "evidence" that ParkingLie put forward, unless it's ruled to be heard 'on papers'. If you can, it's still worth doing that. If you lose, it's only going to cost you the same amount of money, but if you win, you won't owe them a penny.

 

What you must do, if you lose, is pay it off straight away. This avoids ParkingLie getting a CCJ entered on to your file and trashing your credit report.

[gilly5001]

Thanks for that - in the defence do I just state the facts of parking there and not entering my registration.

Ive looked on here at others defences that ill use to scaffold

Thanks again

Edited March 10, 2018 by dx100uk
quote

[ericsbrother]

sorry but that wont be a defence, it is mitigation.

The skeleton defence is usually that a contract hasn't been formed for a multitude of reasons but as we know nothing of the signage, land layout and any rights that the shop you asked to help you with this matter have.

 

Aggressive? Yes because you haven't done anything to help yourself and try to tell us that there are more important things than to be worried about a minor robbery.

 

If someone entered your house and stole £200 your attitude would be very different to the loss.

 

in nearly every case of a parking claim the parking co has no rights to the money but people think that it is different because they have received a letter so it must be real.

 

Now if you believe that Bygone Times are occupiers of the land in a proper sense then they can create their own contracts that override PE's offer so you use that as a defence.

 

" The occupier gave me permission to park, this being superior to PE's contracts mean that there has been no breach to give rise to a cause of action by the claimant against the defendant"

 

Better than nothing at this stage.

Edited March 5, 2018 by honeybee13
Paras

[gilly5001]

Thanks for your help

Edited March 10, 2018 by dx100uk
quote

[dx100uk]

did you send the 2 line std defence?