Too late to appeal? Parking Eye Court Claim

No, you're not.

Government guidelines require ADR to be available for up to a year from the time of the alleged incident.

Also, if you've got a Blue Badge (and to some extent even if you haven't), then the Equalities Act requires reasonable adjustments to be made for people with mobility difficulties.

Additionally, grace periods need to be allowed - the minimum given in the ATA CoP is 10 mins, but there is an expectation of reasonable adjustments in the case of disabled users.

Write to Parking Eye using the appropriate appeal template on the **NEWBIES** thread (Linked here for you!), and perhaps emphasise the point that ADR is to be made available for upto 12 months.

Important note: Expect them to reject it anyway, and then you should win this at POPLA.

I very much doubt if a judge would find for them, and, given the circumstances, he may indeed be very cross with PE.

Your ex can probably see this off by attending court and telling it like it is. If you could also attend it would be a bonus, but even if you cannot you can put the full facts in a witness statement.

Do not be too bothered about signs, contracts, Beavis etc, let the golden thread of British Justice prevail. (Woolmington v DPP)

fedupex wrote: »

Hi Ralph, it was s retail park type place, I don't have any receipts though, and I've a sinking feeling the original paperwork may have been recycled when a friend helped around the house whilst I was unable, as I also can't find the medical report I was going to send with it which was in a neglected pile of paperwork.. I realise I've messed up big time here

So you have a court claim?

You are too late to appeal but not too late to defend it or explain your circumstances and make a lower offer to settle it. PE sometimes settle for between £30 - £60, especially if you email the medical information (even from memory!).

If you want to make an offer, email:

enforcement@parkingeye.co.uk

with this in the subject line:

WITHOUT PREJUDICE SAVE AS TO COSTS - Claim number xxxxxxxxx - PCN ref xxxxxx/xxxxxx

(obviously with the right numbers not x!)

Tell them you have had the claim form and the event stems from an incident when you paid to park for one hour, but your back went (tell them you suffer with complications from spinal surgery and occasionally have episodes where you cannot walk) and as a result it took so long to get back to the car that you inadvertently overstayed by a few minutes. When the parking ticket came through the post, say that you fully intended to appeal with medical evidence, but then your relationship ended and your situation worsened and in a stressed state, you forgot to do it.

Tell them you are still ill and on painkillers and wish to settle it but are unable to offer more than £30 , if they will not cancel it now they know of the medical emergency. See what they say.

It doesn't sound like you are up for defending this in court, hence my suggestion. If I am wrong, then start reading about how to defend a claim.

You MUST acknowledge that claim or you can end up with a default CCJ and by 'acknowledge' I don't mean the email to PE! I mean acknowledge the claim via the MCOL system to tell the court you intend to defend in full. That buys you time to negotiate with PE for a couple more weeks.

So, tell us when you have acknowledged the claim online using the password (the claim form tells you how).

And tell us if you've decided to make an offer, or defend. We will help you write a defence but against PE you MUST turn up in court and they will send a solicitor so it is not easy for you.

Could you pay to park for more than 1 hour; if so, you may want to have a look at the Parkingeye v Carigus case on the Parking Prankster site; (AKA the Snowdon Mountain Railway car park case).

http://www.parking-prankster.com/case-law.html

(Mr Carigus overstayed due to an injury whilst walking, though he did offer £10 before court action)