Parking Eye ANPR PCN Ignored Everything inc PAPLOC Now Claimform - Waterdale Shopping Centre, Doncaster (B and M Car Park)

[Bakerboy27]

1 Date of the infringement 08/08/2023

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 12/08/2023

 

3 Date received Didn't take a note but it was within the timescale
 

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

5 Is there any photographic evidence of the event? yes
 

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

Have you had a response? [Y/N?] post it up no
 

7 Who is the parking company? Parking Eye

 

8. Where exactly [carpark name and town] Waterdale Shopping Centre, Doncaster (B and M Car Park)
 

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

Received

the PCN and

reminder,

letter before Claim and

now Claim form.

 

Hi guys, the story so far is.

 Went into the car park on the 08/08/2023 stayed 20 mins and left, I was just more or less dropping someone off . I didn't see any pay and display signs ,not that I looked that hard.

around a week later the PCN drops through the letter box followed by a reminder then followed a Letter Before Claim which I guess I should have done something then but I didn't get round to doing that.

Yesterday a Claim Form arrived

now I don't have a choice, I have to do something.

My question is,

Have I missed the boat here? If I need to pay it I will  but if I have an option that would be good.

There is a twist to this,

I decided to go have a look at the signage last night only to find that the parking is now just a 90 minute wait time with no pay option and is now showing as Smart Parking not Parking Eye.

What are my options if any please ?

 

 

Parking eye redacted.pdf

Edited November 19, 2023 by FTMDave
Personal details removed

[dx100uk]

silly idea to ignore the letter of claim

 

please complete the above and scan up bothsides of ALL PAPERWORK to one mass pdf.

read upload carefully.

we only need page 1 of the court claimpack and only page one of the letter of claim pack.

but bothsides of every other letter please from day one.

 

[lookinforinfo]

The PCN is not compliant with the protection of Freedoms act 2012 which is the Act covering private car parks. This means that the keeper is not responsible to pay the PCN. Only the driver is now liable.

[Bakerboy27]

which court have you received the claim from:  : Civil National Business Centre

Name of the Claimant :           Parking Eye

Date of issue – 13 Nov 2023

Date for AOS - ( 01 December 2023

Date to submit Defence - 15 December 2023

What is the claim for – 

1.Claim for monies outstanding from the Defendant in relation to a Parking Charge (reference xxxxxxx) issued on 12/08/2023.

2. The signage clearly displayed throughout Waterdale Shopping Centre (Princegate), Doncaster, South Yorkshire, DN1 3JN states that this is private land, managed by ParkingEye 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's ANPR system captured vehicle xxxx xxx entering and leaving the site on 08/08/2023, and parking without a valid paid parking ticket,

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? 

Amount Claimed  £120

court fees £35

legal rep fees £50

Total Amount  £205

Have you moved since the issuance of the PCN?  No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform?  Yes, have not replied.

 

Thank you for that, as I haven't replied to anything then they only have the keeper information.

I have spent the last 3 hours trying to get a mass PDF properly as requested and the nearest I have got is too big so I have attached the claim form.

I'm sure to some it's easy but it isn't for me.

Parking eye claim form-merged.pdf

[dx100uk]

split it in two we'll do it.

dx

[FTMDave]

Thank you for filling in the two stickies so quickly.

I see Parking Eye have included both £20 Unicorn Food Tax and £50 legal representative's costs although they have no legal representative .  That is good ammo to attack them with later on.

As dx100uk says, don't worry about merging the PDFs, we can do it at this end.  The vitally important document is the original invoice you received.

[Bakerboy27]

Hopefully this will be a better upload !

 

ParkingEyePCN and Claimform.pdf

Edited November 19, 2023 by FTMDave
Personal details removed

[FTMDave]

[FTMDave]

On 18/11/2023 at 06:39, Bakerboy27 said:

Have I missed the boat here? If I need to pay it I will  but if I have an option that would be good.

How the court system works is that costs are included in the claim, so the amount you would pay now is within a few quid of the amount you would pay if you lost in court - conclusion, you have nothing to lose by defending & fighting.

On 18/11/2023 at 06:39, Bakerboy27 said:

I decided to go have a look at the signage last night only to find that the parking is now just a 90 minute wait time with no pay option and is now showing as Smart Parking not Parking Eye.

Can you look at where you parked on Google Maps and see what the signage was like in June?  I've had a go and got nowhere!

[dx100uk]

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.

………….
 

[Bakerboy27]

Well thats interesting,  I had a look on Google maps as suggested and it would appear I am mistaken,  the signage that is on Google maps is the same as is current, I made the assumption that it had changed as I didn't see ParkingEye on the signs only Smart parking.

That said, there are lots of signs saying 90 min max stay terms and conditions apply but I couldn't see anywhere that said pay and display or just pay for that matter. There are a couple of signs which obviously have the terms on them but they don't appear to be easy to read, I will go back and take some pictures this week.

Interestingly there are several signs which say that appeals for PCN's cannot be dealt with on site, I would take that to mean it's common.

Thanks for all your help so far will do the MCOL thing now.

[FTMDave]

Great idea.  Get as many photos as you can, both of the signs close up and also how they would look to someone driving in.

IF there are signs there from another company then that will mean an easy win for you.

[lookinforinfo]

When you take the photos please ensure that they can be read by us . Also we would like to see the sign at the entrance, the sign by the payment machine if there is one ans signs that say different things on them.

Signage can be a very important part of your defence and cases have been won on the signage alone.

[Nicky Boy]

On streetview, it looks like quite a complicated setup, with multiple car parks, so there could be confusion over which car park was used?

Maybe get pics of signage from other car parks in the vicinity?

[Bakerboy27]

It looks like I have a big apology to make here for wasting your time, I have been focused on the wrong car park and obviously not paying attention properly.

On further examination of things I see that I have been confused with 2 different occasions and the one that Parking Eye are charging me for is indeed a pay and display car park with some fairly clear notices. 

So it would seem that after all the trouble you good people have gone to Im just going to have to pay this for my own stupidity. I can't for the life of me think why I wouldn't buy a ticket but I can't find one so have to assume I didn't.

So my very humble apologies for being a berk on this occasion.

[honeybee13]

You're forgiven.

You could give us the details of the car park you do have the problem with and see if there's any advice we can give.

HB

[Bakerboy27]

Thanks HB. I will do that, 

[Nicky Boy]

36 minutes ago, Bakerboy27 said:

So it would seem that after all the trouble you good people have gone to Im just going to have to pay this for my own stupidity.

DON'T you dare!

[Bakerboy27]

Ok. Ill take that slap !!!

[dx100uk]

please get post 10 done then we can help you further but you need to get AOS/CPR out the way FIRST!

dx

 

[FTMDave]

There is absolutely no need to apologise!

[Bakerboy27]

I got the AOS done last night, I will have the CPR tonight all being well.

[dx100uk]

good now go back to post 4 and the sticky thread we pointed you too to do those court claimform questions/answers... and keep scrolling down...to 2.defence.

thats your next move that must not be missed for any reason..by the date you put in the Q/A 

[FTMDave]

Get the photos done anyway.  As scribbled in post 9 you have nothing to lose by continuing to fight.  Parking Eye may well discontinue or at least offer you a reduced payment.

[Bakerboy27]

I am definitely a fish out of water here and unable to give this my undivided attention 

I hope Im close with this.

 This is what I have for the CPR request.

 

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Edited November 21, 2023 by dx100uk
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