parking eye ANPR PCN PAPLOC NOW claimform - 14 mins overstay - Riverside Retail Park chelmsford essex

[Junkie2222]

I got a ticket in a retail park for overstay by 14minutes.

 

It was boxing day, hardly anyone out and we genuinely spent all that time in the shops there.

 

I have had a couple of letters, which I have ignored.

 

The latest has come this morning.

This is attached.

 

Seems a little bit more serious than the normal ones I've had previously.

 

This one includes a form to fill out within 30 days.

Any advise would be helpful.

 

Thanks

20220219_130545-converted.pdf

Edited February 19 by dx100uk
added A few blank lines only..dx

[honeybee13]

OK, it's time to do something with our help.

 

To start things off; could you let us have the information requested in the forum sticky please?

 

 

HB

 

 

[Junkie2222]

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement

26th Dec 2021
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

I can't seem to find this at the minute. I'm sure it was quite soon after the supposed offence
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide]

please do not put JPG Picture files into your post

 

3 Date received

Give answer here
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Give answer here
 

5 Is there any photographic evidence of the event?

It did have photos of the car on entry and exit
 

6 Have you appealed? [Y/N?] post up your appeal]

No
 

Have you had a response? [Y/N?] post it up

Na
 

7 Who is the parking company?

Parking eye

 

8. Where exactly [carpark name and town]

Riverside Retail Park chelmsford
 

For either option, does it say which appeals body they operate under.

I do recall something said about popla.

 

 

Sorry, I can't find the original notice. My wife is away and deals with paperwork here. I've sent her a message and if she knows I'll upload asap

[FTMDave]

It's important we see the fleecers' original invoice to see if they've respected the times their letters must be delivered by to establish keeper liability. 

[Junkie2222]

Hello again all,

 

The sensible one of the couple stored this away! She's an organised lady!

I've attached the original, they also sent a reminder. This is exactly the same but dated 08/01/22.

I've also uploaded the reverse if that's helpful?

 

Thanks again

 

 

 

 

PCN.pdf

Edited February 20 by dx100uk
pcn pdf redacted properly

[lookinforinfo]

Parking Eye are usually pretty good at getting the details on their PCNs pretty near correct. however they have slipped up now because of the new CoP which though some of it has not come into force other things do.

 

The new CoP insists that the entrance and leaving times are not considered a period of parking. This is because PE have to take into consideration the time driving around looking for a parking spot, reading the T&Cs, paying the tariff and getting out of the car park.

 

Other things like getting kids in and out of the car as well as disabled people getting wheelchairs in and out.

 

Most of the time there is a 5 minute consideration time plus 10 minute grace period in the new CoP so I wouldn't worry too much.

Edited February 20 by dx100uk
spacing

[Junkie2222]

Who would've thought! Having a child has saved me money! Haha

We didn't have to buy a ticket here but we did have to load stuff and a 2 year into a car seat.

So just ignore this letter with the lengthy details/earnings form etc?

Thanks for the help and thanks for the Eagle eye who redacted the reverse side, didn't even notice that.

 

 

[honeybee13]

Keep the letter just in case, now you know where to file it.   And yes, ignore the form, they don't have the right to ask for all of that.

 

HB

[Junkie2222]

Hahaha. I do indeed!

 

Thanks again

 

 

[Homer67]

The OP has received a Letter Before Claim, shouldn't he/she be sending snotty letter in response?

[FTMDave]

Homer is right.  Snotty letter time.

[FTMDave]

Any update here?

 

We have a new Cagger today who is being pursued for "overstaying" here, so it would be useful to know how your case has gone/is going.

[Junkie2222]

Hello all,

Apologies for not replying earlier. I didnt have my more frequently used email assigned to the account. Have since changed it on here.

I didnt hear anything until today and got this in the mail. Is this a legitimate summons?

 

jpg2pdf.pdf

[FTMDave]

Afraid so.

 

You have to acknowledge service, send off a CPR request, then later defend the claim.

 

Did you send the snotty letter?

[dx100uk]

please complete the above

 

dx

 

 

[Junkie2222]

Which Court have you received the claim from ? County Court Business centre. NOrthampton. NN1 2LH

 

Name of the Claimant : parking eye ltd

 

Claimants Solicitors: (if one is stated) Jayne Leonard ( claimants legal rep )

 

Date of issue – 20 June 2022

 

I havent yet. Will do so probably tomorrow night

 

What is the claim for –

Particulars of the claim

 

1.Claim for monies outstanding from the Defendant in relation to a parking charge (ref withheld by me for posting here ) issued on 30/12/2021.

 

2.The signage clearly displayed throughout Riverside Retail Park, Chelmsford, Victoria Road, chelmsford, essex CM1 1AN states that this is private land, managed by Parking Eye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound ( the contract ).

 

3.ParkingEye's ANPR system captured vehicle ( reg plate withheld by me ) entering and leaving the site on 26/12/21, and overstaying the max stay period.

 

4.Persuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach.

 

What is the value of the claim? £170

 

 

Amount Claimed 85.00

court fees 35.00

legal rep fees 50.00

Total Amount 170.00

 

On another note, I didn't send any mail to them at all. No snotty letters or acknowledgement of any kind.

Haven't heard anything for months so figured it had gone away.

 

Thanks for your help all

[dx100uk]

thats why, they think you'll ignore a claimform too and get an easy win default judgement.

 

a reply to the LOC via a snotty letter was important!.

[dx100uk]

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

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

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

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.

………….
 

[Junkie2222]

AOS done.

The rest needs some more time which I don't have tonight, so that's a tomorrow night job.

 

Thanks all

Screenshot_20220623-210024_OneDrive-converted.pdf

[Junkie2222]

 

 

Hello all,

I have sent this by recorded, signed for mail. I reworded it, hopefully including the important stuff.

I wondered if you have any tips on the defense please?

Was going to include the fact i wasn't driving, the length of overstay with the reason behind it. ( the boy was with us and needed a nappy change )

Also the fact I spent money in all of the shops that were open that day and the massive surplus of spaces as it was boxing day and most stuff was closed anyway.

Or is this sort of case hinged more on the legal issues of them not really being within your rights to do what they do.

 

Thanks all and have a good weekend

 

 

Edited Saturday at 17:04 by dx100uk
Pdf unredacted

[dx100uk]

Pdf of our template removed as unredacted and we know what it says.

 

Defence will be std 3-5 line generic one

.

go back to the Q&A sticky and scroll down to how to defend.

 

Dx

[Junkie2222]

Sorry to drive you mad but this is what I'd planned to use as the defence.

Is this suitable? Spent the entire night reading and the Poole Thistle overstay post seems to be along the same lines as my issue, so have leaned on that heavily.

It's been struggle but I feel what i've read, whilst not all directly relevant, has taken the surprise element away from what will follow.

Thanks and have a good weekend.

 

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.           The registered Keeper of the motor vehicle (XXXXXXX) is the Defendant.

 

2.           The Defendant denies that they entered into any contract with the Claimant.

 

3.           As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

 

4.           In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.           The Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

Edited Saturday at 22:20 by dx100uk
removed unintended link

[dx100uk]

looks about fine ....the more you read the stronger we become.

just dont forget this is not the only stage you'll go through too. so further upon the whole process is wise too.

 

lets the masters confirm..

 

well done dx

[FTMDave]

Good work.

[Junkie2222]

Defence entered and thanks.

The volume of stuff that goes into the WS looks a bit daunting but I guess it's all here. Seems like key is seeing it through, entering docs on time and being available for the case. 

I'm hoping common sense will prevail here first, 14 mins isn't a massive issue, especially on a quiet day with a million spaces available.

 

Thanks again