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, 

[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.  

[bankoff]

Hi dx

 

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

[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

[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, 

[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.

[bankoff]

Hi dx

 

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

 

 

[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

[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,,

[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, 

 

 

 

 

 

 

[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?  

[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.

[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!

[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?

[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

[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?

 

[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

[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

 

 

[bankoff]

Hi dx

 

Have done, special thanks to you for your help