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, 2022 by dx100uk
added A few blank lines only..dx

[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

[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, 2022 by dx100uk
pcn pdf redacted properly

[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.

 

 

[Junkie2222]

Hahaha. I do indeed!

 

Thanks again

 

 

[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

[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

[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 July 2, 2022 by dx100uk
Pdf unredacted

[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 July 2, 2022 by dx100uk
removed unintended link

[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

[Junkie2222]

Just a quick update.

I've had an ' acknowledge receipt of your defence ' letter from HM Courts and Tribunals service.

It states that the claimant may contact me directly to attempt to resolve any dispute. If it can not be resolved informally, the claimant will inform the court that he wishes to proceed.

 

I've heard nothing from them. The defence was filed on the 3rd. Letter on the 4th.

 

Am I correct in saying that a WS has to be provided once I have a date on a hearing?

 

I have sent a CPR request and nothing has arrived regarding this request either.

The MCOL site has no updated information, other than my entries of AOS / Defence headings. ( not sure that their info would appear - Does it? )

I'm away on holiday on Thursday for a week and didn't want to leave anything hanging while I was away and miss a deadline.

 

 

Thanks

 

[Junkie2222]

@FTMDavethanks very much.

 

Thought I was OK for the minute, just didn't want to chance it without asking first.

 

 

[Junkie2222]

 

 

hello all,

Got back from holiday and this has arrived.

Also another letter that I will redact and post up shortly. Looks like they want to take it to court.

 

 

 

I'm not sure these are uploading correctly.

This is the directions questionaire for the small claims track.

claimants DQ.pdf sar return.pdf

[Junkie2222]

They did download for me but gave a error as I uploaded as file not supported.

 

I have checked the MCOL after posting this ( trying to think it through myself ) nothing new so I guess not.

Their letter arrived today ( I think but we didn't hear the postman and not dated )

When I logged anything, it went up rapidly so I guess wait for Monday and see if it changes. You could be right though and it's an intimidation tactic.

It appears we've had a recent ticket that's been paid by my wife, so probable they think this will be paid. I'd rather donate here than pay these leeches.

 

Anyway, thanks for the reply and I'll keep it updated.

 

 

 

[Junkie2222]

MCOL has updated 1/8/22.

 

DQ Filed by Claimant

DQ sent to you

 

[Junkie2222]

pdfresizer.com-pdf-resize.pdf

 

So I have been allocated a small claims track.

I figure I enter my name above section A.

Section A.

Small claims mediation. ( I'm going to say yes to this. For reasons of loss of earnings for a day in court and also to seem reasonable, as it states I should be willing to settle before court proceedings )

 

A1. Yes ( do you agree all in the know? )

 

Section B: Is obviously my contact details

 

Section C;

 

C1 small claims track? Yes

 

SECTION D;

 

D1 ( unsure here to be honest - On one hand, I'm not the sort of guy that revels in being the centre of attention, so wont be looking forward to court. However, I'd want to hear whats going on.

 

How does this work please?

 

SECTION E;

 

E1 Chelmsford

E2 NO ( although i am wating on an email from one of comapnies on the stores onsite to try to confirm something regarding a reason I couldnt leave the site. ( so far nothing and been a week )

E3 Witness - Would this be 0 or 1 for myself?

E4 excluded dates ( none as far i know at present )

E5 NO

Sign on the last page

 

Return a copy to

1. the court ( on the first page - NN1 2LH

2. ParkingEye ( the legal dept lady listed previously )

3. Keep one for me

All recorded mail and asap now I guess.

 

Do I have to send anything to Chelmsford Court as this is the place Id like it to be heard or is this dealt with by the CC Business Centre?

 

Seems a simple form just a few questions to confirm before I do fill out and send tomorrow.

[Junkie2222]

Suitability for determination without a hearing?

 

To me, it should be. Under the newest guidelines, 5 minute grace period and 10 minutes to allow for parking are stipulated. Is this enough?

Should I let it be dealt with without a hearing?

 

 

[Junkie2222]

OK makes sense. Thanks.

 

Mediation a definite NO also?

Does this seem as though I accept liability, rather than appear reasonable?

[Junkie2222]

Read through the EX720 or 730 guidance.

So no to mediation on the grounds of not giving the case away before we go to court. Also, going to court will incur costs for the claimant.

 

Forms done. Addressed and go in the morning first class recorded.

 

Thanks again

[Junkie2222]

 I'm due in court on the 19th of April. They seemed to want to do this. 

 

They have sent a WS with an agreement of Cark park management as part of the defence.

 

The date of signing was 2011 with British Airways pension fund.  2011 I thought? That's a long awarding agreement

 

I Google them to try to find out if I could find a list of assets. 

They sold this par park to M&G real estates in 2016. 

Would this contract roll over over?

If it did, they would have to send me the correct version wouldnt they? 

 

Is this enough to demonstrate they're being deceptive and enough to build a basic case around? 

I'm drafting out a Ws that has to go on Monday, just wondered if this is a ' get out of jail free ' card in this one?

 

Apologies for being quiet and probably leaving this far too late. We had a house fire and we're out of the house for months.

 

Their WS arrived and in the confusion of having an entire floor renovated and the kitchen being in a different room, the office being stacked to the rafters with relocated rooms. It's been a last priority.

 

I'll understand if you can't be as helpful as you were before, my own fault.

 

I can upload what theyve sent and redact the details tonight. I'm looking after the boy.

[Junkie2222]

there are 111 pages. These seem to be everything that hasnt already been uploaded as the original docs for each ticket.

The contract thats been added to their WS is the first time Ive seen it. I'm not sure if you can make it out as a photo. Quite difficult to read as is, directly from them on paper. 

This doc has been redacted by them and not me.

Another point of note is The original signee no longer owns the property as a whole. No longer a British Airways Pension fund property.

see below link

 

https://europe-re.com/m-g-real-estate-acquires-riverside-retail-park-for-57-8m-gb/64144

 

Also the signs on the main map are colour coded, yellow and Blue. Also numbered. There appears to be no Number 1 signs on the site. This wasnt the case. Blue 2 = Blue sign that is coded as number 1 by the page 25 of 111.

 

I cant find the my photos of the things now. I dare say theyll turn up. the rest of the signs...... the pictured step ladder isnt supplied onside, so theyre a difficult read from the ground!

 

It also appears that they have turned the place into a pay and display now.

Riverside car park

WWW.CHELMSFORD.GOV.UK

---

Find out details of the Riverside car park, including location, number of spaces and charges.

 

anyway, if you need anything else gimme a shout.

 

 

 

20230401_150229.pdf

[Junkie2222]

I've reserved the whole day tomorrow for completing it. I'm know I'm cutting it fine and I'm making life difficult for the  helpful people here. It's got to be in the mail on Monday.

 

I've been reading all week and have a load of Google tabs, notes and pages from here to work from, so I'm confident.

 

I read somewhere they had a deadline to pay a fee to the court. How do you check they have please? can I phone the court directly? MCOL hasn't changed for months.

 

I have had a letter from the court in October, we were not actually living here at that point. ( fire in early October )

 

Stating that Claimant needs to pay the court a trail fee by 4pm 22nd march 2023 or it will be struck out.

I've had nothing to state this is the case and MCOL hasn't changed since Sept.

 

This is the link to the sale of the complex.

/uploads/europe/post_cover_images/64144/cover-64144.jpg

M&G Real Estate acquires Riverside Retail Park for €57.8m (GB)

EUROPE-RE.COM

---

M&G Real Estate has acquired Riverside Retail Park, Chelmsford for £53m from British Airways Pension Fund. The retail park incorporates 145,000 ft² of...

 

[Junkie2222]

It looks a mess!

I hope I've got everything i need in. I'm useless at formatting stuff so I'm waiting for my wife to tidy it up. 

Sorry its late, It's been way more reading and chasing stuff than I thought it would be.

Vs ParkingEye Ltd WS final no formatting redacted.pdf Doc 2 1-compressed.pdf

[Junkie2222]

Thanks! It's been a long day in front of a PC!

It doesn't look like the other people's ws. I'm hoping the content does the job.

Need to add the statement of truth part at the end and a brief conclusion.

My head is scrambled at the minute.