Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • fedupex
    • By fedupex 17th Oct 16, 1:51 PM
    • 11Posts
    • 4Thanks
    fedupex
    Too late to appeal? Parking Eye Court Claim
    • #1
    • 17th Oct 16, 1:51 PM
    Too late to appeal? Parking Eye Court Claim 17th Oct 16 at 1:51 PM
    Hello and thanks for reading. My ex has just received a county court claim from Parking Eye for a parking ticket received a couple of months ago. It stems from an incident when we paid to park for one hour, but my back went ( I suffer with complications from spinal surgery and occasionally have episodes where I cannot walk at all) and as a result it took so long to get back to the car that we overstayed by about 15 minutes. When the parking ticket came through the post, I promised to appeal with medical evidence supporting my reason for overstaying, but then we split up, my situation worsened and I completely forgot to do it. If I had the money I would pay the claim for him, but I've been unable to work for the last few weeks and am pretty much bed bound for a while, and I just don't have the money (nor does he)...

    So, my question is; Is it too late to appeal on these grounds? I very much appreciate any help, I feel so guilty..
Page 1
    • Carthesis
    • By Carthesis 17th Oct 16, 1:58 PM
    • 445 Posts
    • 780 Thanks
    Carthesis
    • #2
    • 17th Oct 16, 1:58 PM
    • #2
    • 17th Oct 16, 1:58 PM
    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.
    • Ralph-y
    • By Ralph-y 17th Oct 16, 2:03 PM
    • 2,240 Posts
    • 2,724 Thanks
    Ralph-y
    • #3
    • 17th Oct 16, 2:03 PM
    • #3
    • 17th Oct 16, 2:03 PM
    where did this heinous deed take place ? retail park? supermarket? hospital? ....

    do you still have the original paper work ?

    Ralph
    • fedupex
    • By fedupex 17th Oct 16, 2:06 PM
    • 11 Posts
    • 4 Thanks
    fedupex
    • #4
    • 17th Oct 16, 2:06 PM
    • #4
    • 17th Oct 16, 2:06 PM
    Hi Carthesis thanks for your speedy reply and advice. From reading the posts I'd got the impression that appeals and POPLA could only be done before a county court claim is issued, is that not the case? I don't have a blue badge but do have plenty of medical evidence detailing my condition.
    • fedupex
    • By fedupex 17th Oct 16, 2:14 PM
    • 11 Posts
    • 4 Thanks
    fedupex
    • #5
    • 17th Oct 16, 2:14 PM
    • #5
    • 17th Oct 16, 2:14 PM
    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
    • The Deep
    • By The Deep 17th Oct 16, 2:30 PM
    • 5,561 Posts
    • 4,268 Thanks
    The Deep
    • #6
    • 17th Oct 16, 2:30 PM
    • #6
    • 17th Oct 16, 2:30 PM
    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)
    Last edited by The Deep; 17-10-2016 at 2:33 PM.
    • fedupex
    • By fedupex 17th Oct 16, 2:50 PM
    • 11 Posts
    • 4 Thanks
    fedupex
    • #7
    • 17th Oct 16, 2:50 PM
    • #7
    • 17th Oct 16, 2:50 PM
    Hi The Deep and thanks. In the initial defence statement section of the MCOL do I have to use the legal format I've seen people post up here, do you know? I'm struggling to determine which sections are entirely relevant in my case. Apologies if my questions echo others, it's difficult thinking clearly in a painkiller fog! And again, thank you all for your time & input
    • Coupon-mad
    • By Coupon-mad 17th Oct 16, 2:57 PM
    • 40,372 Posts
    • 52,253 Thanks
    Coupon-mad
    • #8
    • 17th Oct 16, 2:57 PM
    • #8
    • 17th Oct 16, 2:57 PM
    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
    Originally posted by fedupex
    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.
    Last edited by Coupon-mad; 17-10-2016 at 3:01 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • fedupex
    • By fedupex 17th Oct 16, 3:11 PM
    • 11 Posts
    • 4 Thanks
    fedupex
    • #9
    • 17th Oct 16, 3:11 PM
    • #9
    • 17th Oct 16, 3:11 PM
    Coupon-mad you're a total star, thank you! Very considerate of you to provide the email address and subject heading for PE alongside all that other advice. I have just acknowledged the claim on MCOL and stated my intent to defend, buying myself a further 14 days. I will ask my ex whether he'd rather we make an offer or go for the full defence, (£15 each would be manageable if they were to accept an offer of £30). If they won't accept an offer I'm fully prepared to go to court alongside him even if I have to be wheeled in there!
    • Castle
    • By Castle 17th Oct 16, 3:22 PM
    • 1,061 Posts
    • 1,316 Thanks
    Castle
    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)
    • fedupex
    • By fedupex 17th Oct 16, 3:40 PM
    • 11 Posts
    • 4 Thanks
    fedupex
    Hi Castle and thanks for your help. I'm not sure whether we could have paid for more, I was in such pain when we got back (and my poor ex flapping, trying to help me) we just left to get home as quick as poss. But many thanks for the case study, very interesting and I will mention it in my offer to PE!
    • Carthesis
    • By Carthesis 17th Oct 16, 3:59 PM
    • 445 Posts
    • 780 Thanks
    Carthesis
    My apologies - when I've come back to this I've just realised I misread this and thought you were at post-PPC appeal rather than already at LBCCC stage.

    I'll bow out of any more input as I have no experience of County Court claims, but I'd echo what everyone else has said that, given the circumstances, there is absolutely no harm whatsoever in writing to PE and making the offer of a reduced fee to settle if you'd prefer to avoid the stress of court. If absolutely nothing else, it shows your willingness to mitigate costs and avoid a claim which will waste the time of a court, which can only be in your favour should it go so far.
    • Umkomaas
    • By Umkomaas 17th Oct 16, 4:07 PM
    • 10,967 Posts
    • 16,358 Thanks
    Umkomaas
    Coupon-mad you're a total star, thank you! Very considerate of you to provide the email address and subject heading for PE alongside all that other advice. I have just acknowledged the claim on MCOL and stated my intent to defend, buying myself a further 14 days. I will ask my ex whether he'd rather we make an offer or go for the full defence, (£15 each would be manageable if they were to accept an offer of £30). If they won't accept an offer I'm fully prepared to go to court alongside him even if I have to be wheeled in there!
    Originally posted by fedupex
    It's your ex who must be doing this as the parking ticket was issued to him as was the court claim. Have you acknowledged in his name or your own name?
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • fedupex
    • By fedupex 17th Oct 16, 4:11 PM
    • 11 Posts
    • 4 Thanks
    fedupex
    Hi Umkomaas, I have done it all in his name as I feel ultimately responsible, can do it lying down and he hates anything to do with computers! Thank you for your time
    • The Deep
    • By The Deep 17th Oct 16, 4:12 PM
    • 5,561 Posts
    • 4,268 Thanks
    The Deep
    Why should you give them a penny. A council would almost certainly cancel and if it got to an adjudicator he/she would be likely to throw it out anyway.

    Give the PPC as much grief as possible, it costs them money.
    Last edited by The Deep; 17-10-2016 at 4:30 PM.
    • Umkomaas
    • By Umkomaas 17th Oct 16, 4:17 PM
    • 10,967 Posts
    • 16,358 Thanks
    Umkomaas
    Hi Umkomaas, I have done it all in his name as I feel ultimately responsible, can do it lying down and he hates anything to do with computers! Thank you for your time
    Originally posted by fedupex
    That's good. He will also have to appear at court, but you can also attend with him. Check out 'McKenzie Friend'.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • fedupex
    • By fedupex 2nd Nov 16, 3:15 PM
    • 11 Posts
    • 4 Thanks
    fedupex
    Hello again, I emailed Parking Eye with an offer but have heard nothing (surprise surprise) and so I would like to ask for help submitting a defence please. I have a few days left. Having read through a few defence examples, I'm pretty confused as to what I should include seeing as I'm only contesting the fact that the ex shouldn't be liable for such a charge considering the overstay was only about 20 minutes and due to my disability.

    I read Parking Eye V Cargius and the only defence the judge accepted was "The Claimant has suffered no actual, or genuine pre-estimate of loss as a result of the alleged overstay, and their charge of £100 is therefore not recoverable" ...

    My questions are thus: Would this suffice as my defence in this case? And do I need to explain my circumstances in the same way I did when I emailed PE?

    Again, many thanks in advance for reading
    • Half_way
    • By Half_way 2nd Nov 16, 3:33 PM
    • 2,941 Posts
    • 3,934 Thanks
    Half_way
    Where was/is this car park? Have you contacted the car park owners yet, regarding the actions of their agents?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • fedupex
    • By fedupex 2nd Nov 16, 3:45 PM
    • 11 Posts
    • 4 Thanks
    fedupex
    Hi Half_Way and thanks for your reply. It was Holy Trinity Church, Tower Road Newquay. I figured being a CCC it was too late for that?
    • fedupex
    • By fedupex 2nd Nov 16, 3:58 PM
    • 11 Posts
    • 4 Thanks
    fedupex
    One more specific question please: How do I include in my defence the fact that my long-term debilitating medical condition which slows me down (blue badge or not) should allow me to park for longer?
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,214Posts Today

5,643Users online

Martin's Twitter