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

[Reapstar]

Hi HoneyBee, I believe it is what I used last time, the last time was 5 years ago and fortunately I have not had any since, my memory is also not particularly great these days.

re we supposed to use all 6 each and every time with potentially minus number 5 obviously given the note I read

 

That was actually based upon this post 

 

[dx100uk]

cause things have evolved in 5yrs......

have you sent that email yet?

dx

 

[Reapstar]

Email sent cheers DX!!

This is the front page of the claim form, the rest are just generic pages with procedural information to fill out and return, but obviously I am doing it online, im not sure what else I can send you other than my response to their letter before claim and their response to my response?

ParkingEyeClaimForm.pdf

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

I can't actually believe that even after 5 years they are still legally allowed to pull these stunts, its like they are specifically taking advantage of people who don't know what to do and without heroes like you guys, they would just get away with it all day long, how can it be that this is legal... I am bewildered to say the least. 

[dx100uk]

because 99.9% of people think they are fines.

dx

 

[FTMDave]

Go back to the thread mentioned  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/  and scroll down to  Q2) How should I defend?  There you will find the generic defence.

However, PE have recently started to claim legal costs, even though they represent themselves, and boy do they get annoyed when this is pointed out, so change (6) in the defence into (7) and add a new (6).

6.  The Claimant is abusing the court procedure by claiming  legal representative's costs when they are in fact representing themselves.     

I make 1 July as the deadline to file your defence.  Do it a couple of days before to be on the safe side.

[dx100uk]

1st is a sat ...

[Reapstar]

So my skeleton defense will literally be :

 

1.  The Defendant is the recorded keeper of [motor vehicle].

2.  It is denied that the Defendant entered into a 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 abusing the court procedure by claiming legal representative's costs when they are in fact representing themselves.

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

Is this correct?? If so, when is the best time to send it? Would it be by 4PM on Friday the 30th of June given the 1st is a Saturday??

[FTMDave]

Spot on.

I'd file it on the Thursday just to be sure.

[Reapstar]

Just a quick update, I have now filed my defence based upon post #34 

[Reapstar]

So what happens next then??

[honeybee13]

I'm afraid the best thing to happen next is for you to read other threads by people who've already gone to court against PPCs. It's important to understand the process, so I would suggest reading in our PPC Successes subforum, any cases that have been to court, starting with the most recent ones.

HB

[Reapstar]

Thank you for this, so it will most certainly go to court then?

[honeybee13]

There's a chance that when they see your WS [witness statment] they could decide that they don't stand a chance of winning. But it's hard for us to tell what they're thinking.

HB

[Reapstar]

Ah ok, I forgot about that part, when does the witness statement usually occur? I am starting to learn the process now with your help thank you guys!!

[brassnecked]

You have submitted the standard skeleton defence  so if you read up as suggested then start looking at what is wrong with their claim.

[Reapstar]

Thanks HoneyBee, I am just reading a thread now and noticed this - CPR to the solicitors, SAR to the fleecers.  Stick some ID in with the SAR otherwise the fleecers will use lack of ID as an excuse not to comply.

 

Am I  supposed to send a SAR request to Parkingeye? All I have done so far is respond to their letter before claim and obviously the CPR and mcol procedure as pointed out by the other guys.

[Nicky Boy]

SAR is a good idea. They HAVE to reply to that. CPR reply isn't mandatory. 

In fact we have caggers sue and win against the fleecers for SAR non compliance. 

[dx100uk]

at WS stage they MUST disclose everything they intend to rely upon in court.

which is everything you need.

why did you disappear for a month and not use that time wisely and got reading up?

bad move there !!

several silly schoolboy errors already during this thread, and with your history thats a worrying sign...get your act together....

[FTMDave]

If you read just this one short thread, you will see all the stages of the court procedure  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

 

[Reapstar]

Hey DX,

I followed the steps I was advised to follow, people have lives to live as well , I'm reading through as much as I can, I just keep noticing the same thing though, these people in my opinion are acting criminally and taking advantage of people, I just read though the link Dave shared and it is making me rather angry.

These people need to be held accountable for their actions, it is obvious to everyone what they are doing and it should be deemed illegal as well as unlawful. How do we protect people from these inhuman predators? They start fires and we have to work hard to put them out for very little to nothing by way of compensation, Jack had the opportunity to sue for a few thousand due to unlawful actions carried out by his attackers, but where is he?

People do not want to play this game, they have lives to live and do not have time to deal with predators who are using tools designed to help and protect people to target and cause harm. This is highly unlawful in my opinion and they should be rounded up and charged as criminals for their criminal actions. 

Please excuse my rant but it infuriates me that these people go to work every day and get paid to cause such harm and loss to people. 

I am continuing to learn as best as I can but please kindly have patience with me and everyone else who has to struggle through this ridiculous process that wastes everyone's time apart from those who profit from it. 

Perhaps if everyone who defended themselves got paid £10000 for every win, then these criminals would be forced to find a more respectable and honourable way to make a living instead of abusing the systems we designed to protect ourselves.

I appreciate all of the help and assistance you all provide, we are extremely lucky to have people like you out there to help those who need it!!

[honeybee13]

These companies are acting within the law as it stands. Once your parking case/s are over, you could consider starting a campaign.

I just noticed this thread by someone called Reapstar, from 2018. So you already have more experience of a PPC court case than I do.

HB

[Nicky Boy]

Sounds odd, they usually refuse to supply copies of contracts. Post it up please.

[Reapstar]

Yeah that's what I thought too

 

Yes I appreciate that they are acting within the Law as it stands, I am just wondering why no one has campaigned for it to be amended in order to protect innocent people from these criminals, that case was 5 years ago, I have managed to avoid the criminals until now unfortunately!! 

Illegitimi non carborundum 

SAR request sent today, POP received.

I received a letter from Parkingeye today along with the court acknowledgment of receipt of defence. It appears they have responded to the CPR request?

Interestingly enough they claim to have included their letter of written authority from the landowner confirming that they are authorised to operate and issue parking charge against motorists who breach terms and conditions of parking. But it is no where to be seen, it is not in the paperwork they sent me. They also claim they have adequate signage which they do not. 

Do I respond to them at this stage?

Thanks again for the help guys!!

CPR Return.pdf

[lee19921992]

no contract there???

[Reapstar]

The only other paperwork they sent was to do with debt repayment and what to do if I need help paying etc