Parking Eye ANPR PCN Petrol Station PAPLOC now claimform - overstay - Welcome Break Leicester Forest East (North)

[nomoremoney]

Everyone suggested ignore until it gets to claim stage. 

[dx100uk]

no they did not .....you only ignore until/unless you ever get a letter of claim. 

if you'd read up too you would of seen this in every one of the other 10'000+ speculative invoice threads here 

now move on 

get that q&A sticky done please

dx

[FTMDave]

We would really like to help but if you are going to say that the advice just quoted to you in B&W from your own thread somehow never happened ... well, there is very little we can do.

Anyway, let's be positive.  Fill in the sticky as dx asked.

 

[FTMDave]

I see you have a previous parking invoice thread for a case in Cornwall where, like here, it was pointed out to you that you needed to reply at Letter of Claim stage, and more importantly why -

If you ignore a Letter Before Action the they generally think you might ignore a claim form too and so they would get an easy default judgement.

- and in fact you replied to the LoC and avoided the court claim.

TBH I can't be bothered with you any more as you ignore advice and then pretend you never received the advice.  You're on your own    Unsubscribing from thread.                                                                                                                                                                                                                                                                                                                           

[nomoremoney]

Sorry my mistake I had misremembered.  Having a tough month at the moment so if I've screwed up I'll just pay it.

[FTMDave]

OK, relenting on my above irritated post ...

It's worth defending it.  At the very least they are likely to offer a deal.

Plus  PE have added two completely invented amounts.  The £100 charge has morphed into £125.  Then they've added £50 legal representative's costs although they have no legal representative.  Even if it went all the way to court and you lost, the  judge would likely disallow the made up £25 + £50.

Please fill in the sticky as dx asked.

Then dx will be on with details of how to defend.

[nomoremoney]

Which Court have you received the claim from ? Civil National Business Centre

Name of the Claimant :           PARKINGEYE LTD

Claimants Solicitors: 

Date of issue – 22 April 2024

Date for AOS - 10 May 2024

Date to submit Defence - 24 May 2024

What is the claim for – 

1. Claim for monies outstanding from the Defendant in relation to a Parking charge (reference *************) issued on 22/01/2024. 

2. The signage clearly displayed throughout Welcome Break Leicester Forest East (North), Northbound, M1, Jct 21/21a, Leicester Forest, Leicester, LE3 3GB 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 ******* entering and leaving the site on 16/01/2024, and parking without paying to park and parking tariffs apply after a free 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? 100.00 ?

Amount Claimed 125.00

court fees 35.00

legal rep fees 50.00 

Total Amount 210.00

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? Y dated 10 March 2024, no reply

[dx100uk]

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. 
Choose ‘Create sign in details’ to register for the first time. 
You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. 
You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**

 then log in to the bulk court 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
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website

.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.

[nomoremoney]

Thanks I've done this.  

[honeybee13]

You've done the AoS and now you need to look at a defence?

HB

[dx100uk]

On 01/05/2024 at 21:45, nomoremoney said:

Date to submit Defence - 24 May 2024

 

[lookinforinfo]

I thought you had missed the defence part and now only the Witness Statement is due.

That should give them a surprise when they see the keeper was not the driver, they do not know who was driving and their PCN does not comply with the Act.

Oh dear I hope PE haven't started counting their chickens.

[FTMDave]

Just to check one thing before filing the defence.

They have no legal representative - right?

I'm referring to the two "boxes" on the top left-hand side of the claim form.  Both show Parking Eye, right?

[nomoremoney]

Yes both are ParkingEye. No reference to any solicitors anywhere.

[FTMDave]

OK, good.

So click on  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/

Scroll down to  Q2) How should I defend?

There you will find the template defence.

Change (6) to (7) and add a new (6).

6.  In a second abuse of process, the Claimant is claiming legal representative's costs even though they have no legal representative and in fact are representing themselves.

When you want file the defence on MCOL.

You can do it this evening if you want, but we generally say to do it a few days before the deadline (24 May) to ensure nothing goes wrong at the last minute but at the same time to show PE you're not scared of them and want them to sweat.

[lookinforinfo]

Amount of PCN £100

Amount claimed £125.  

Where did the extra £25 come from ? They can only claim what is on the signs in the car park.