Parking Eye Claim Form!

alimac · 30 July 2015 at 9:26PM

Hi everyone, I've spent most of today browsing the net and this forum (newbie thread etc) looking for some help. I think im getting a bit overwhelmed with all the information so just looking for a bit of help and guidance if at all possible.

Sorry if I sound like a broken record as im sure most of you on here have heard a similar story to mine many times over. I got a £100 fine from parking eye in May for overstaying by a few minutes in a free (up to 3 hours) car park which is part of a retail park. I ignored the letters on the advice of a friend who said they'd go away eventually and I do have a habit of burying my head in the sand. I am annoyed at myself for not checking online as I have now read that you can no longer ignore them as there was a change in the way parking eye operate about 3 year ago. From what I've read, I've now lost my chance to appeal

Only have myself to blame.

Anyway, PE sent a claim form from Northampton county court on the 27/7/15 advising the fine has been increased to £175. Seems pretty serious so I am stressing a bit as it says they could take me to court. No way am I paying this for a few minutes over stay on a free car park which was a genuine error on my behalf.

I know I have to send an acknowledge of service within 14 days which I will be doing online but when I do this, do I need to send over my whole defence or do I do that before the 28 days expire? A lot of people on this forum with cases similar to mine appealed through POPLA using the templates and won which is great to read but would my defence consist of the same points and would it be worded differently?

I am also in the middle of writing to the owner of the retail car park, which is owned by Savills Property Management, in the hope of getting the bloody thing cancelled but struggling with what to put in the email. I came across these email templates from a site online linked below but have a feeling they might be too brief?

parkingeye.parkingfine-appeals.co.uk/faq/ticket/retail-park-agent-appeal/

Any help would be much appreciated:)

Redx · 30 July 2015 at 10:15PM

firstly, its not a fine, please get that out of your head completely

its a speculative invoice

secondly, if the claim form came from Northampton then its already going through the court process as this is the initial stage for an MCOL

post #5 of the newbies sticky thread delas with this, with links to bargepole`s and parking pranksters defences or booklet, so read those too

your friend is a fool and should pay for their bad advice by paying the charge, the law changed 3 years ago and PE issue about thirty thousand court claims per year like yours and Barry Beavis was in court for the 3rd tme a week ago (Supreme Court) due to ignoring his initial parking charge (speculative invoice)

so if you have not read that post #5 , and not read parking pranksters booklet on PE court cases, then there is little anyone else can do seeing as all the info is in the post , linked from it and in the prankster court guide

I suggest you start again by reading that post #5 , bargepoles initial holding defence, and pranksters defence

Marktheshark · 30 July 2015 at 10:19PM

What you and anyone else needs to learn is to stay OUT of car parks where they operate.
Shop somewhere else.

You now have two choices, fight in court or pay.

alimac · 30 July 2015 at 10:44PM

I was under the impression it hadn't none to court yet and I can still file an appeal. I read a lot of the time if the appeal is strong then PE don't take you to court and only pursue the easy win cases?

Redx, I will check out the parking pranksters guide thanks.

Half_way · 30 July 2015 at 10:53PM

Contact the landowner and kick up a fuss

alimac · 30 July 2015 at 11:16PM

Half_way wrote: »

Contact the landowner and kick up a fuss

I am hoping by doing this it will get cancelled. No guarantees though. Need to get my email spot on. Will email the other stores as well in the retail park. What does everyone think of the templates i found for this in the link below...bit brief or does it get the message across ok?

parkingeye.parkingfine-appeals.co.uk/faq/ticket/retail-park-agent-appeal/

bargepole · 30 July 2015 at 11:22PM

alimac wrote: »

I was under the impression it hadn't none to court yet and I can still file an appeal. I read a lot of the time if the appeal is strong then PE don't take you to court and only pursue the easy win cases?

Redx, I will check out the parking pranksters guide thanks.

You can't file an appeal. The time for appeals is long gone.

The defence statement can be as strong as you like, PE will still pursue this all the way to court.

You need to pull your head out of the sand and read up on RECENT postings about what's likely to happen.

You need to get completely up to speed on the Beavis case, as this will have a significant effect on the outcome of yours.

In other news, the Titanic sank, Japan surrendered after two cities were hit with an atomic bomb, President Kennedy was assassinated, and Thatcher resigned as PM.

Redx · 30 July 2015 at 11:30PM

alimac wrote: »

I was under the impression it hadn't none to court yet and I can still file an appeal. I read a lot of the time if the appeal is strong then PE don't take you to court and only pursue the easy win cases?

Redx, I will check out the parking pranksters guide thanks.

Northampton is the court bulk handling centre for england and wales , so if you received an MCOL from Northampton there will be various papers in it, meaning a court case has been started and paid for at the initial opening stages by the PPC , this is serious and isnt a joke and needs to be taken seriously

so its already a court case (but you have not filed the defence and not indicated which court you want it heard at as yet, so no its not actually BEEN TO COURT , its in the pre-court stages) , so just logon and check the reference number , or phone them up, but trust me, the court case is now in progress , so the time for appeals is a ship that sailed long ago

all you can do now is defend yourself by filing a defence (not an appeal)

PS:- A genuine court claim has something like the following papers included when its sent from Northampton Bulk Handling Centre

(N1CPC form + response pack N9CPC, Form N9A, Form N9B and an Acknowledgement of Service Form)

Parkrage · 30 July 2015 at 11:35PM

"What you and anyone else needs to learn is to stay OUT of car parks where they operate".

Easier said than done, when the one and only car park I'm familiar with that they operate has no indication at the entrance that they do operate it!

alimac · 31 July 2015 at 12:01AM

Sorry, I was getting my wording mixed up, I meant defence not appeal as I know I lost my right appeal.

To be honest, it has taken me by surprise at how quick the turn around has been from the initial invoice being issued in mid May to a claim form for possible court action in the space of a couple of months. Guess PE didn't waste their time with debt collectors.

The cowboys can take me to court as I wont be paying £175 for over staying in a free car park by just over 10 mins.

I need to get the email sent to the landowner/ store managers at the retail park but I feel the pressure to get the wording right is making me re-write it over and over. What exactly should I say?

Redx · 31 July 2015 at 12:08AM

one of your MCOL defence points will be to ask the judge for ADR by popla, assuming the judge grants this then you would actually make a belated appeal to popla once PE have issued the popla code , so its an option if the judge allows it rather then being in court

bearing in mind that the Beavis case was in the Supreme Court a week ago, with a decision hopefully in october or november 2015 , this will also feature in your defence to the judge

the 14 days is to acknowledge and then 14 days to file a holding skeleton defence , dont miss the deadlines as this is an active court case (even though you think it isnt)

the landowner/savills aspect is fighting them on a separate front, but you need to do both

if you have looked at post 5 and the links and bargepoles court defence and the pranksters books , then you have more idea what to do

PE issue over thirty thousand court claims a year, they rarely prat around with debt collectors and they dont usually take a long time to get things going , especially when they are ignored, so again , your friend is a fool, dont join them in that category and dont take their advice in future

as for your last question, what is wrong with adapting one of the complaint letters from the sticky thread about complaining to landowners and their agents etc ?

Parking Eye Claim Form!

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