PARKING EYE ANPR PCN Claimform - 13mins stay - Thistle Poole, private land ***Claim Discontinued***

[bankoff]

I received a PCN Notice back in July 2020 for entering Thistle Poole (1), The Quay, Poole, car park to try and park.
 

 

I was not aware of the car park restrictions so I entered the car park to see if I could park.  What happened to me in that 13 minutes is all in the letter I wrote below.

 

I looked up what to do online and sent them a letter

 

I cannot remember seeing any reply to this but I live in a block of flats and mail sometimes goes astray, then yesterday I received a court summons,.  I just assumed they accepted my explanation and were nor pursuing it further.

 

Particulars of Claim

 

“Claim for monies outstanding from the defendant in relation to a Parking Charge (Reference XXXXXXXX) issued on 01/7/2021. The signage clearly displayed throughout Thistle Poole (1), The Quay, Poole, BH15 1HD states that this is private land managed by Parking Eye Ltd, and that it is subject to terms and conditions, including the payment of parking tariffs, by which those who park agree to be bound (the contract). ParkingEye ANPR System captured XXXXXX entering and leaving the site without a valid paid parking ticket.  The Defendant had the opportunity to appeal to POPLA, the independent appeals service for parking on private land, but this has not been taken.”

 

Please help me if you can, 

[FTMDave]

Moved to the private parking forum.

[FTMDave]

The first thing you need to do is to acknowledge service from the court.  Forum regular dx100uk will be on shortly to explain how.

[bankoff]

Thank you Dave, I have not been on for a while and found it very difficult to post, I could not find how as the site has changed so much.  

[dx100uk]

when you get a 5mins

please fill this out:

 

 

shame you posted all the twaddle to them, revealing you were the driver and how you might defend, they probably read that laughed and issued the claim, knowing you'll be an easy walkover if you follow that tract. as you've lost your protection under pofa2012 now.

 

sorry about the site, but we can't keep using the same Vbulletin software for 16yrs when year upon years its cost almost doubles. so we switched a few years back.

 

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.

………….
 

bar the claimform, can you scan you any paperwork you still have to one mass PDF ONLY

read upload , and can we have bothsides of everything.

 

dx

 

[bankoff]

Hi dx

 

Thank you for helping me, I am stuck on Defence pack password, where can I find it?

[dx100uk]

At the end of the information box 2/3rds of the way down the right side of the claimform 1st page.

 

Dx

[bankoff]

Have now found it, forgive me for my lack of ability to deal with this kind of thing, what do I do with the link you sent  CPR 13:14?

 

I cannot get past step 4 as I am required to do signature, do I type my name in there?

 

thank you again

 

Have now completed the AOS, but I have also found an unopened letter dated July 21, 

 

See attached

Letter to PE 8 Jul 21

Reply 22 Jul 21

 

 

docs1.pdf

Edited March 11, 2022 by dx100uk
pdf's redacted and merged/removed

[dx100uk]

ok

read the CPR doc and its post carefully

it says at the top in red do not post it to the open forum.

we know what it says, we dont need to see our own templates again.

it also says ...do not sign but PRINT your name same as typing the letter out.

 

ive also blanked your details better as bits of see thru sticky notes doesn't cut it! as its says in the guide too!

 

now these are the only things you have received to date before the claimform?

did you not get an original PCN with in/out photos?

then latterly a notice to keeper with the same photos etc ?

 

and where is the letter of claim you got about i month before the claimform with a reply pack in it asking all manner of pers details?

 

get AOS done

get CPR in the post

just send it as is today.

 

dx

 

 

[lookinforinfo]

Bankoff I wouldn't worry too much about Parking Eye.

 

There is a new parking Act coming in soon and PE will have to comply with some of it in your case.

 

They have quoted that you stayed for 13 minutes. Well the new Act states quite clearly that the entering and leaving the car park are not part of the parking period so we can take several minutes off their time allow you to park and then to leave the car park.

 

. And drivers are allowed 10 minutes grace time to read the notices etc so you owe them nothing. 

[bankoff]

Hi dx 

 

Have done the AOS and I hope the letter ok, will get in the post today.

 

I do not have the original letter is has been lost.  There were no photographs that I remember. 

 

Is the letter ok to send, I do hope so

 

And thank you again, 

[dx100uk]

If you mean the cpr 31.14 then there is nothing you need to do to it.

just add your and their details

seNd it off as is

 

Dx

[bankoff]

Thank you all for your help, I assume I will now have to do a defence, I will certainly need some help with that.

 

I believe I now have about 14 days to do it?  Please advise

 

I never received the letter before action or I would have responded to it.  I think it went missing, we have two properties here with the same name and quite a few changes, holiday homes etc.

[dx100uk]

 

if you had completed the above as asked..

then you would have seen how to defend further down our sticky..

[bankoff]

Hi dx

 

i will do that, but was worried about what I had already written to them when it first happened.  My “twaddle” 

 

 

[dx100uk]

Thankfully there are far more important things.. Like a minimum of 10 mins grace (no max quoted) and that existed before the above lookingforinfo points out is coming in.

 

as youll see, your defence will be the generic bland one, with p'haps a mention of the above

 

due by day 33 dont miss it!

 

get that questionnaire done please...

 

Dx

[bankoff]

Ok will do, thank you

[bankoff]

 

Which Court have you received the claim from ?

 

COUNTY COURT BUSINESS CENTRE

4TH FLOOR ST KATHERINE’S HOUSE

21-27 ST KATHERINE’S STREET

NORTHAMPTON

NN1 2LH

 

Name of the Claimant :  ParkingEye Ltd

 

Claimants Solicitors: in house

 

Date of issue – 7th March 2022

 

Date for AOS - 25th March 2022 

 

Date to submit Defence - 8th april 2022 

 

What is the claim for – 

 

1. “Claim for monies outstanding from the defendant in relation to a Parking Charge (Reference XXXXXXXX) issued on 01/7/2021.

 

2.The signage clearly displayed throughout Thistle Poole (1), The Quay, Poole, BH15 1HD states that this is private land managed by Parking Eye Ltd, and that it is subject to terms and conditions, including the payment of parking tariffs, by which those who park agree to be bound (the contract).

 

3. ParkingEye ANPR System captured XXXXXX entering and leaving the site without a valid paid parking ticket.  

 

4. The Defendant had the opportunity to appeal to POPLA, the independent appeals service for parking on private land, but this has not been taken.”

 

What is the value of the claim?

 

Amount Claimed   £100

court fees                 £35

legal rep fees           £50

Total Amount         £185

 

 

Claim form Page 1.pdf

[dx100uk]

claimform sorted and in last post

 

thread tidied.

 

please take the time and trouble to READ the links we put here and the instructions we put here carefully

 

we take time to do these things....so should you.

 

do not miss your defence filing date whatever does or does not happen or come

 

click the link in 15

scroll down to how to file a defence

 

post it up here 1st for checking. dont file early.

 

dx

 

[bankoff]

Hi dx

 

Thank you for your help, but am not sure where I look for 15, and do I do the Defence on the last possible day,,

[honeybee13]

Dx means post #15 in this thread.

 

Yes, don't rush to send the defence in early, let's get it agreed first.

 

HB

[Gick]

The link is in post 14. not 15! I think there may have been some tidying up which has altered post numbers.

[honeybee13]

Thank you Gick. you're right, sometimes tidying up alters the numbering.

 

HB

[bankoff]

Hi dx

 

Thank you for tidying up my posts, am a bit scared of doing something wrong with the defence, so have a few questions,,,

 

Have read the defence instructions, and believe I can use Paragraph 5 for the £50 additional fee for their Legal Representative.  Please confirm,

 

So I start with the "The Defendant etc", then use paragraphs 1. to 6, 

 

Do I copy the "Particulars of claim" from the claim form into Paragraph 6?

 

My defence date is 9th April which is a Saturday, will I need to go online and file this on Friday 8th?

 

Do I change any of the wording or put any places and names into it, or can I just leave Defendant and Claimant as is?

 

Thank you in anticipation, 

 

 

 

 

 

 

[dx100uk]

yes

yes

no

friday by 4pm

 

 

post it up here 1st for checking.