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

[bankoff]

Hi dx

 

I have found out that the Thistle hotel site is 65% owned by BCP (Borough Council of Poole), (which I think is the car park bit),and it is now the subject of Planning for a new hotel and 228 flats in four blocks, but this has been rejected by the Council,,,, so far, but rumour has it a new one if underway.  Council probably making too much money out of unsuspecting motorists. 

 

Is there any way I can use this towards my defence?  

[dx100uk]

Can't be council ..99% don't and won't use private parking louts, cheaper to use their own existing staff to issue  penalty charge notices too, which are legally enforceable. 

[bankoff]

Hi dx

 

there is a raft of info on this, what do you think, 

 

who+owns+private+land+at+Thistle+Poole - Google Search

WWW.GOOGLE.COM

 

 

 

[bankoff]

Hi dx

 

I will not have access to a computer from Monday, but only an ipad, so in preparation for Friday i have done the defence, have also set up the moneyclaim website on the ipad so i can use it on the day,

 

I hope my defence is suitable, I am not confident in adding too much to it and hope it is ok, 

 

 

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 Claimant is attempting double recovery by adding an additional sum of £50 Legal Representation not included in the original offer. 

 

6.           The “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).  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.” is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

[FTMDave]

Well done on preparing a suitable defence.

 

Just one thing - cut out your point 5.  PE are entitled to claim £50 legal representative's costs.

 

I think PE are the only PPC who include the correct costs, all the others put in the real £50 and then invent another £60/£70 which is why we have that paragraph in the template.

 

 

[bankoff]

Hi 

 

yes will take that out, and thank you all again.

 

I filed my Defence today, will keep you informed of what happens. 
 

Nothing heard from Parking Eye yet!

[FTMDave]

You won't for a while now.

 

The court will be in touch with a Directions Questionnaire.

 

Read some other threads with "claim from" in the title so you understand the next steps in the legal process.

[bankoff]

Hi 

 

Will do, and thanks again for the help and guidance,

[bankoff]

Hi 

 

Have now received the pack from Parking Eye, including photographs, do I upload here now?

[honeybee13]

Yes, the guys can pick holes in their story then.   Make sure you remove your name address, the ticket number, car reg and so on, to keep this anonymous.

 

HB

[bankoff]

Hi 

 

I shall do that this morning, thank you

[bankoff]

Hi

 

I have scanned the accompanying letter dated 7th April 22, which I had not yet read as I was away, it says:

 

"As Parkingeye did not receive any response to the later correspondence sent, we entered into legal proceeding on 7th March 2022 in order to recover the outstanding sum owed for the Parking Charge and further costs were incurred.  However, we can now confirm that the court claim has now been cancelled.  However, the Parking Charge remains outstanding."

 

So what does this mean, I have not heard anything from the court, is it a trick to get me to pay the £100, or what.

 

Do you want me to upload the rest of the pack?

 

 

Accompanying letter 7 April 22.pdf

[FTMDave]

This is an extremely strange letter.  We've not seen anything similar before.  Did you SAR Parking Eye?

 

The new government CoP allows a minimum 15 minutes' grace+consideration period, and as you were only there 13 minutes, they may have given in to avoid being hammered in court.  Phone Northampton CCBC and check if they really have discontinued. 

 

Yes, dx is right, you left your name showing, please upload the letter again, redacted this time.

[dx100uk]

Yes no notice of discontinuance letter?, which they should send to you and the court

[bankoff]

Hi

 

I have scanned the accompanying letter dated 7th April 22, which I had not yet read as I was away, it says:

 

"As Parkingeye did not receive any response to the later correspondence sent, we entered into legal proceeding on 7th March 2022 in order to recover the outstanding sum owed for the Parking Charge and further costs were incurred.  However, we can now confirm that the court claim has now been cancelled.  However, the Parking Charge remains outstanding."

 

So what does this mean, I have not heard anything from the court, is it a trick to get me to pay the £100, or what.

 

Do you want me to upload the rest of the pack?

 

[dx100uk]

you dont 'cancel' a court claim, the claimant has to sent you and the court a 'notice of discontinuance'.

 

 

[bankoff]

I scanned all the pages and the paperwork was too big to upload, I have highlighted another page on the 2nd part which states "Status:  Cancelled"

 

This was on the back of the second copy of my Subject Access letter to them.  All the pages were muddled with some repeated and some wrong ends on the back.

 

I looked online for any developments on the Court Case, NOTHING? 

 

I rang the court and they have received nothing, but Parkingeye have until 11th May to put in a discontinuance notice.

 

upload contains their reply to my letter, and advice on using POPLA with quoted case that they won.  

 

There is also the county court claim letter and advice, which I never received at the time.

 

sar reply.pdf

[FTMDave]

I understand why they sent you all those pages now - it was a reply to your CPR request.

 

Well done on checking with the court.  They may be trying to trick you.  If so, I doubt the judge will be very impressed.

 

Hang on now, either a Notice of Discontinuance will turn up or the Directions Questionnaire from the court will.

[bankoff]

Hi 

 

Did you see the other cancelled page, which mysteriously appeared on the second copy of my SAR letter.

 

Did I re-post the first Letter, I thought I did but cannot see it.

 

On the back of the pack was a Finance Questionnaire, but saw no point in sending that, it was about 7-8 pages.

 

Will update when I hear anything, it could well be a trick

 

 

[bankoff]

Hi All

 

A WIN

 

not having received anything in the post I looked today on Moneyclaim, and this is what I found, 

 

i took a photo but cannot upload it, it says

 

* Your Defence was received on 8/4/2022

 

* Notificationthat the claim against you was discontinued was received on 3/5/2022

 

Thank you all so much, I have since read that a time limit of 10 minutes is now being given

 

 

[FTMDave]

Well done on your victory! 

[lookinforinfo]

Ohh that takes all the fun out of it when they give up so easily. The only problem is that we do not know why they gave in. Was it because they thought that as you weren't giving in, three minutes would be pushing it in Court or that they now realise that their PCNs are non compliant.

 

Whichever it is good news for you and will take a lot of stress from you. I find that a large class of  a single malt which is at least 10 years old helps destress me. And if that doesn't work a larger dose should do the trick. 

[dx100uk]

well done on the confirmed win

 

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dx

[bankoff]

Hi dx

 

Have done, special thanks to you for your help