Parking Eye Court Claim

liseylou · 26 March 2014 at 12:02PM

Ive bought the book and am putting together my defence.

I have received a letter from PE which states 'ParkingEye is a car park management business contracted by the owners of private land to manage its usage in line with the landowners directions'. Therefore the comment by Salmosalaris has confused me - why would it be an issue? Are PE likely to provide me with a copy of the lease and how will that affect my defence?

da_rule, I agree about point 6 - it was very late and I wasn't reading very well so I have removed this.

In relation to the particulars of the claim, these include:

Claim for monies outstanding in relation to PCN
In breach of contract
ANPR captured vehicle entering/leaving c/park
Signage clearly discplayed (see link attached)
Protection of freedoms act 2012, sch 4, make keeper liable

Not sure if this sign is clear enough, but when it is displayed at about 8ft high, it is impossible to see the small print:
https

/forums.moneysavingexpert . com/showthread.php?t=4761489&page=2 (thread #23) This case was won at POPLA based on the charge not representing the operators loss.

In our case a valid ticket was paid for and displayed whilst the vehicle was parked, unfortunately, the signage DOESNT inform the person purchasing the ticket that they need to allow for time spent trying to find a space, parking, paying to park, then queuing to exit the car park.

I have just purchased the Pranksters book, so I will be looking for wording that allows me to defend the above point effectively.

Any other support would be most welcome.

liseylou · 26 March 2014 at 12:03PM

liseylou wrote: »

Ive bought the book and am putting together my defence.

I have received a letter from PE which states 'ParkingEye is a car park management business contracted by the owners of private land to manage its usage in line with the landowners directions'. Therefore the comment by Salmosalaris has confused me - why would it be an issue? Are PE likely to provide me with a copy of the lease and how will that affect my defence?

da_rule, I agree about point 6 - it was very late and I wasn't reading very well so I have removed this.

In relation to the particulars of the claim, these include:
Claim for monies outstanding in relation to PCN

In breach of contract

ANPR captured vehicle entering/leaving c/park

Signage clearly discplayed (see link attached)

Protection of freedoms act 2012, sch 4, make keeper liable

Not sure if this sign is clear enough, but when it is displayed at about 8ft high, it is impossible to see the small print:
https /forums.moneysavingexpert . com/showthread.php?t=4761489&page=2 (thread #23) This case was won at POPLA based on the charge not representing the operators loss.

In our case a valid ticket was paid for and displayed whilst the vehicle was parked, unfortunately, the signage DOESNT inform the person purchasing the ticket that they need to allow for time spent trying to find a space, parking, paying to park, then queuing to exit the car park.

I have just purchased the Pranksters book, so I will be looking for wording that allows me to defend the above point effectively.

Any other support would be most welcome.

Sorry - I couldnt post the link so remove all the spaces the paste into your browser

liseylou · 26 March 2014 at 12:10PM

As far as lighting was concerned, it was an extremely bright summers day - that is evident in the ANPR photo.

Also, it was very busy and took a long time to find a space - in the height of summer, when their ticket machines were playing up, so I suspect there are thousands of other motorists who used the car park that week who have also been targetted.

Likewise, it took a while to exit the car park too as there were many pedestrians walking across the exit on their way back from the beach and shops, most of the spaces had become vacant where everyone was queuing to exit the car park.

liseylou · 26 March 2014 at 2:06PM

Not sure if anyone has ever tried this, but could I ask a friend who received a PCN at the same time as me to provide a witness statement as part of my DQ??

They caved and paid their PCN as they were concerned of court action.

Stroma · 26 March 2014 at 2:10PM

We need more details, who is the parking company? Are you being taken to court? If so have you put a defence in, or acknowledge the claim?

Sorry we are not mind readers

liseylou · 26 March 2014 at 2:22PM

Sorry it was just a generic question. I will add it to my existing thread 'Tower Road Newquay' ParkingEye.

I have acknowledged the claim and am in the process of compiling my defence (have purchased PP guide). But whilst reading the guide, most threads etc state that the witness statement is n/a, but if another vehicle entered and exited at the same time, could they be a witness. Or have they excluded themselves by default as they paid their PCN i.e. does this make them look guilty?

Also, I just noticed that as I am sat in the passenger seat in the ANPR picture, I could not have been driving - Protection of Freedoms Act evidence perhaps?

nigelbb · 26 March 2014 at 2:23PM

4consumerrights wrote: »

The land is owned by Newquay golf club but I believe that this may be the case that Parking Eye have indeed leased the car park - the manager of Tower Road stated this in an email to me some time ago (though have not seen a lease) .

I would be absolutely astonished if Parking Eye have indeed leased this car park as that is simply not how their business model works. I know of no other car park that is leased by Parking Eye. It may be the case for some other PPCs but is definitely not for Parking Eye as they are entirely parasitical with no commitment to or involvement with the actual parking facilities offered. Their entire business model depends only on catching out unwary motorists with contrived rules for which they levy exorbitant penalties.

Stroma · 26 March 2014 at 2:27PM

It's to late to say it weren't me as you are at the small claims stage, so they have used keeper liability in pofa 2012. I suggest you keep everything in one thread only. I will ask a forum guide to merge the threads for you.

salmosalaris · 26 March 2014 at 2:31PM

I have seen a landholder witness statement for a court claim where PE claim to be the leaseholder and appoint PE to enforce car park management . This witness statement is signed by the MD of PE .

4consumerrights · 26 March 2014 at 2:40PM

nigelbb wrote: »

I would be absolutely astonished if Parking Eye have indeed leased this car park as that is simply not how their business model works. I know of no other car park that is leased by Parking Eye. It may be the case for some other PPCs but is definitely not for Parking Eye as they are entirely parasitical with no commitment to or involvement with the actual parking facilities offered. Their entire business model depends only on catching out unwary motorists with contrived rules for which they levy exorbitant penalties.

Granted not normal busines model - but just reporting what was said -
purchase the accounts from companies house.

Parking Eye Court Claim

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