Parking Eye PCN Claimform - Goodmayes Hospital, IIIford , Goodmayes Hospital, Barley Lane, Ilford , IG3 8XJ

[Reapstar]

Hi there, 

 

I received a claim form from PARKINGEYE today regarding a PCN the issued on 18/05/2022, PCN received 27/05/2022. I followed guidance on CAG and sat on my hands until a Letter before claim arrived, to which I responded following CAGS's advice. 

 

This was sent on 03/08/2022

 

"This email serves as an official time and date stamped response to your LETTER BEFORE COUNTY COURT CLAIM dated July 15 received on July 22^nd.

Your claim is not only a joke but is clearly invalid and a waste of your time. 

You know that your claim has no basis and I know that you know that your claim has no basis. 

I find it extremely sad and disappointing that you conduct your business in such a fashion. 

You can either drop this non-starter case of yours or get a good spanking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g). 

 

Sincerely, "

They responded on 31/08/2022 :

Dear Sir / Madam,
 

We write further to your recent correspondence which concerned the above referenced Parking Charge.

We recently sent you a Letter Before Claim which informed you that this Parking Charge remains outstanding and had now been processed for further action.

We note from your reply to our Letter Before Claim that you dispute the outstanding sum.

We can confirm that we have now reviewed your correspondence, but it is our position  that the Parking Charge remains due.
 

We can confirm that £100.00 remains outstanding and that full payment is required within the next 14 days to prevent further action. We are prepared to take legal action if necessary and should court proceedings be issued, further costs will be incurred. These will include, but are not limited to, the court claim issue fee and the solicitors costs referred
to within the Letter Before Claim.

 

Yours faithfully,
Parkingeye Team

There is no sign upon entry notifying of any conditions at all, I have a picture as evidence and everyone can go on google maps and see :

https://www.google.co.uk/maps/@51.5762021,0.1134129,3a,75y,323.22h,69.21t/data=!3m7!1e1!3m5!1smRiRzzIL93xVmWvPZVj2OQ!2e0!5s20220301T000000!7i16384!8i8192?entry=ttu

 

[dx100uk]

please fill out our court sticky 

[Reapstar]

1 Date of the infringement 18/05/2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 27/05/2022
 

3 Date received unknown
 

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

5 Is there any photographic evidence of the event? Unsure
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

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

7 Who is the parking company? PARKINGEYE LTD

 

8. Where exactly [carpark name and town]  Goodmayes Hospital, IIIford , Goodmayes Hospital, Barley Lane 

 

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

Unfortunately I do not have the original letters they sent due to it being so long ago, so I only have the claim form from the county court in Northampton.Just in the process of doing the court sticky, please bear with me, thanks again

[Reapstar]

Which Court have you received the claim from ? County Court Business Centre, Northampton

 

Name of the Claimant ? PARKINGEYE LTD

 

How many defendant's  joint or self ? SELF

 

Date of issue –  30/05/2023

 

I'm not sure what else I am supposed to fill out or do, the page I took the above from goes on to talk about Bank account debts?

 

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group 

Is this the correct sticky?? ^^

 

Thanks DX

 

 

ParkingEyeClaimForm.pdf

[Reapstar]

Hi guys, any help for the above please? I'm not sure what else I am supposed to do

[dx100uk]

no the sticky in this parking forum same place as where the parking ticket one is...

..........................................

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.

………….
 

[Reapstar]

Which Court have you received the claim from ? MCOL Northampton N1

Name of the Claimant :   PARKINGEYE LTD        

Claimants Solicitors: Not stated

Date of issue – 30/05/2023

Date for AOS - Completed just now

Date to submit Defence - 30th jun??

1. Claim for Monies outstanding from the Defendant in relation to parking charge (reference xxxxxxx) issued on 27/05/2022.

2.The signage clearly displayed throughout Goodmayes Hospital, Barley Lane, Ilford, IG3 8XJ 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. ParkingEyes's ANPR system captures vehicle XXXXXXX entering and leaving the site on 18/05/2022, and overstaying the max stay period.

4. Pursuant 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? £185

Amount Claimed £100

court fees £35

legal rep fees £50

Total Amount £185

Have you moved since the issuance of the PCN? (y/N - if Y state Date too)

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y/N + date and did you reply?

ParkingEyeClaimForm.pdf

My defence is simply,

there are no signs upon entry notifying me of any offer of contract,

it says 24/7 cameras in use for crime prevention and that they have security monitoring the area, this should surely suffice?? 

bearing this in mind, I had no reason to look out for any other notices because if there were any stipulations, it would or should have been clearly stated upon entry?

I also did not park the vehicle, I was waiting for my son to come out of his pre surgery assessment, I was waiting in the vehicle, is waiting in the vehicle considered parking?

 

Thank you kindly for your assistance.

[dx100uk]

no your defence is further down in the same sticky...but not yet!!

 

get cpr running.

 

dx

7 minutes ago, Reapstar said:

Have you moved since the issuance of the PCN? (y/N - if Y state Date too)

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y/N + date and did you reply?

and

[Reapstar]

Who do I send CPR to? There is no mention of solicitors, they just sent a LOC nearly a year ago and I have heard nothing back until the Claim form arrived.

[dx100uk]

read the guide i posted.

so you ignored the loc?

 

dx

[Reapstar]

I will read the guide again, I didn't ignore the LOC I responded to it as mentioned in my first post, please kindly refer to my first post?

 

Noticed the info I need for CPR, thank you!!

Edited June 4, 2023 by Reapstar

[dx100uk]

ok good you are on all track now.

note you correct defence filing date....33 days in total.

[Reapstar]

With regards to my defence, will that suffice??

My defense is simply, t

here are no signs upon entry notifying me of any offer of contract, it says 24/7 cameras in use for crime prevention and that they have security monitoring the area, this should surely suffice?? 

bearing this in mind, I had no reason to look out for any other notices because if there were any stipulations, it would or should have been clearly stated upon entry?

I also did not park the vehicle, I was waiting for my son to come out of his pre surgery assessment, I was waiting in the vehicle, is waiting in the vehicle considered parking?

[dx100uk]

nope you dont play your cards till WS!!

get reading up.

 

the defence you will be filing a few days before the deadline is already in that court sticky you filled out, further down it.

 

can you scan EVERYTHING in/out bothsides, to one mass PDF please 

[honeybee13]

What dx is trying to tell you is that the sticky you filled in to tell us about the court claim has a suggested defence with six points in it. You need to read further down to find it and make sure it fits your circumstances.

The stuff you've written above is more for a witness statement.

HB

[Reapstar]

Ok thank you

Hi, just prepping the CPR request and noticed the following, is this following in red correct or are these typos??

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have to comply will be referred against you in any defence.

Thanks again guys

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Yes dated July 15 2022 received on July 22^{nd 2022}

^{Claim form received May 30th 2023}

Please ignore my post above regarding the typos on CPR!!

[dx100uk]

just send the cpr as is

they dont reply 9/10 anyway.

you have a good history here so cant see why you are getting so confused and out of sync. p'haps go read your win thread and get back in the groove?

dx

 

[Reapstar]

Haha, it has been a while DX!  Thank you for your kindness

 

What did you need a scan of DX, all I have is the Claim form, an email of my response to their Letter before claim, and an email response from them

[dx100uk]

so no existing old paperwork like the ntk/pcn etc oh well.

 

senf one further email stating email is not to be used for our mutual court claim no. 

#

you should never ever use email

thought you'd learned that last time.

 

dx

[Reapstar]

No existing old paperwork unfortunately, the chances of me finding them now are staggeringly low. To be fair, this is the first I have heard from them since their reply to my email in August of 2022, I waited for a letter before claim and responded with the CAG response following guidelines on here, then heard nothing until just now. I was actually shocked to see the claim form.

Is it really worth sending another email regarding not being used for mutual court claim? I have had no new emails from them, it was just a claim form in the post.

I will never use email again obviously!!

[dx100uk]

if you want them to send their WS full of lies you cant counteract 1min before a court deadline... off you go.

dx

[Reapstar]

I'm not sure what you mean??

[dx100uk]

did you not re read your old thread?

 

dx

 

[Reapstar]

I believe I am supposed to put my defence together now, am I not supposed to wait until they respond to CPR? It appears last time that this was wrong because they never ended up sending me one and that I should get the defence put together now and send it immediately??

It appears I have to use this :
 

1. the defendant does not believe that the claimant has locus standi in this matter as they have failed to produce a contract between themselves and the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name - but at this current moment this is an assumption that I can only make if they fail to respond to the CPR?

2. the claimant does not have planning permission for their signage and equipment under the Town and Country Planning Act 2007 and the defendant cannot enter into a criminal compact with the claimant. Again, this is just an assumption right?

3. In any case no contract exists between the claimant and the defendant due to the paucity of the signage at the site that offers the supposed contract. I do however agree with this

 

[honeybee13]

Is there a reason why you've only used three of the six numbered points in the sticky?

HB