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  • FIRST POST
    • grayselegy
    • By grayselegy 16th Mar 17, 6:47 PM
    • 23Posts
    • 0Thanks
    grayselegy
    Claim Form from ParkingEye received 16/3/17
    • #1
    • 16th Mar 17, 6:47 PM
    Claim Form from ParkingEye received 16/3/17 16th Mar 17 at 6:47 PM
    Hi All,

    I intend to respond promptly to a Claim I have received from Parking Eye through Northampton County Court, dated 13th March.
    It seems they have snapped the number plate of a car I used to own but which I sold about the time of the alleged incident last Oct 13/10/17. It may be that I own up to being the driver, maybe not, I'm confused about that part, but that's not the issue here.

    My query revolves around that I moved out of my marital home at this time and in all the upset of the separation my wife did not bother to forward to me any letters (if they sent any) until she saw this claim from a Court and thought she'd better as it looked serious. So this is the first I am hearing about the parking charge. It may be PE has sent all the letters and in effect I have ignored them, but I don't know as I never saw any.

    I would have noticed a PCN on my windscreen but as they used ANPR this didn't happen.

    I thought I would send the Court the following letter and would appreciate any advice as to whether it seems OK as an opening salvoe....

    "I refute the Claim under the reference above for the following reasons:
    1. I do not own this car [strictly true as it was sold around that date]
    2. I do not live at the address stated on the Claim Form [I shall head the letter with my present address and I did not live at the address on the Claim Form from 17th Oct onwards]
    3. Perhaps because of 1 and 2 above, I have not received a Parking Charge Notice nor any previous communication regarding this Claim, therefore I have been denied my right to dispute this claim at a previous occasion
    4. Due process has not been followed, in denial of natural justice and the rules pertaining to such pre-Court action
    5. I have not received any evidence that I accepted the Contract stated
    6. I do not and did not agree to be bound by any Terms and Conditions stated in any signage erected by Parking Eye as a matter of course and have not seen any evidence of those signs
    7. I have not had a chance to see any alleged photographic or other evidence that a car I own was ever at the location stated.

    It is only by pure chance that I have become aware of this Claim and I believe that Parking Eye have got their information incorrect and are pursuing the wrong person. Accordingly, I reserve the right to sue the Claimant for a sum not less than £250 should it be shown that there has been a Data Protection Act breach.

    I respectfully request that the Court stay these proceeding to enable the Claimant to comply with the Practice Direction on Pre-Action Conduct (Annex A, Para 2) and that you request the Claimant to contact me with evidence of their Claim before they force me to attend Court.

    In addition, as you can see from my address, I do not live locally. I am unemployed and in severe financial straits. This makes it difficult for me to afford to attend the Court to defend my case, which I most certainly wish to do if I can find the funds to attend. I therefore also beg the Court (should this action proceed) in the name of good justice to transfer the case to Swindon County Court or any such court local to me as it deems fit, so I can afford to attend Court to defend myself.
    Yours etc..."

    This last bit I include to show Parking Eye that even if they win this case, I'll end up paying them £1 a month forever, a pyrrhic victory.

    Suggestions?

    Just to double check, do I send this letter to the Court, or to Parking Eye?

    Should I make this a separate letter, or include it in the "Defence" portion and fill out the rest of that page, and return that page to the Court?

    Many thanks people.

    Mike
Page 1
    • Guys Dad
    • By Guys Dad 16th Mar 17, 6:53 PM
    • 9,804 Posts
    • 8,738 Thanks
    Guys Dad
    • #2
    • 16th Mar 17, 6:53 PM
    • #2
    • 16th Mar 17, 6:53 PM
    If you were the Registered Keeper as far as the DVLA goes on the day in question, then whether you have subsequently sold the car or not is irrelevant, so strike point 1.

    If the address shown on the DVLA at the time was where they sent the previous mail, then again tough. Strike points 2,3 &4

    Points 5,6 & 7 are due to your own domestic problems, so you can strike them too.

    You need to read the NEWBIES sticky thread and in particular about asking for an additional 28 days to submit your defence.
    • Coupon-mad
    • By Coupon-mad 16th Mar 17, 6:58 PM
    • 44,125 Posts
    • 56,858 Thanks
    Coupon-mad
    • #3
    • 16th Mar 17, 6:58 PM
    • #3
    • 16th Mar 17, 6:58 PM
    Suggestions?
    Read post #2 of 'NEWBIE PLEASE READ THESE FAQS FIRST'. Show us the defence after reading loads of other ones, after doing the acknowledgement of service (as explained in detail, in the sticky thread post #2).
    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.

    • grayselegy
    • By grayselegy 16th Mar 17, 7:05 PM
    • 23 Posts
    • 0 Thanks
    grayselegy
    • #4
    • 16th Mar 17, 7:05 PM
    • #4
    • 16th Mar 17, 7:05 PM
    I have read the Newbies thread but I am confused. OK, so I accept strike the letter as it is and why - but I still did not get their letters (if they sent any) so I have no evidence it's even my car etc. and I'd really like to see what they said so I could form my defence. This is genuine, all I have is the County Court Claim Form. So do I respond to the Form as if I did get the previous letters, or what do I say ? And I definitely need the Court to hear the case locally if I am to attend it. These questions are not answered as far as I can see, so please advise me if there's a thread that tells me these answers. Thanks.
    • Redx
    • By Redx 16th Mar 17, 8:00 PM
    • 13,570 Posts
    • 16,626 Thanks
    Redx
    • #5
    • 16th Mar 17, 8:00 PM
    • #5
    • 16th Mar 17, 8:00 PM
    you form your defence partly based on the lack of paperwork, because you only get one chance for this defence, so read other defences and draft one up that addresses alll these issues

    the NEWBIES sticky thread post #2 does tell you the process , including how it gets allocated to your local court later in the process

    if you think these questions are not answered, then you have not read the bargepole threads , and what you would "like to see" is not going to help you

    Northampton is the central distribution centre, not a court
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • grayselegy
    • By grayselegy 16th Mar 17, 9:45 PM
    • 23 Posts
    • 0 Thanks
    grayselegy
    • #6
    • 16th Mar 17, 9:45 PM
    • #6
    • 16th Mar 17, 9:45 PM
    Thanks, I'm sorry if I seemed a bit dense earlier, it's all very confusing but becoming clearer now. I can see a few points I should make so I shall draft a defence and post it here. Basically, I shall ask in my defence for more information from PE and state I may have to change my defence when I have it. I also see I should visit the site and take photos in case their signage is wrong. Should I do this when I've seen their letters/proof or straight away (I suspect it will be compliant, as it's PE and they are apparently hot on this, and it's a long way and I'm broke)? Meanwhile, should I post a copy of the Claim Form in case it helps? It's not easy for me to upload stuff. Thanks again.
    Last edited by grayselegy; 16-03-2017 at 9:51 PM.
    • Redx
    • By Redx 16th Mar 17, 10:01 PM
    • 13,570 Posts
    • 16,626 Thanks
    Redx
    • #7
    • 16th Mar 17, 10:01 PM
    • #7
    • 16th Mar 17, 10:01 PM
    in your defence you dont "ask for the info from PE" , you make a statement that there has been no paperwork from P.E. and so require to see the evidence in your defence that you submit to the court so you can then expand on it later in the process

    I dont believe you have taken on board the idea of the part 18 request for this information (which does not go to the court) but to the claimant

    99% of these court claims lack details, its a common theme and mentioned numerous times in other threads and parking prankster blogs etc

    you cannot upload files here, that is an assumption on your part, this isnt a hosting site so it does not allow hosting of files (including pictures)

    nobody needs to see your claim form from Northampton either

    read about twenty other recent defences on here like the CEL ones and UKPC ones for starters, plus any recent PE ones too (nothing older than 12 months old)

    then draft yours up and add paragraphs that cover the lack of detail, lack of paperwork etc , then you can deal with these after the DQ time in witness statements and adding your own evidence like pictures etc

    post your redacted draft on here if you want critique , and ensure you have devoured every word written by bargepole over the last 12 months about court claims and defences, plus the parking prankster court guide too
    Last edited by Redx; 19-03-2017 at 4:51 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • grayselegy
    • By grayselegy 16th Mar 17, 10:46 PM
    • 23 Posts
    • 0 Thanks
    grayselegy
    • #8
    • 16th Mar 17, 10:46 PM
    • #8
    • 16th Mar 17, 10:46 PM
    Thanks, understood, and will do.
    • Coupon-mad
    • By Coupon-mad 16th Mar 17, 10:54 PM
    • 44,125 Posts
    • 56,858 Thanks
    Coupon-mad
    • #9
    • 16th Mar 17, 10:54 PM
    • #9
    • 16th Mar 17, 10:54 PM
    Do the AOS on MCOL first using the password on the claim form, to get more time to work on the defence. LEAVE THE DEFENCE BLANK, only 'start acknowledgement of service'.

    Don't read post #1 of the NEWBIES thread, only post #2 including bargepole's threads linked there.
    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.

    • grayselegy
    • By grayselegy 19th Mar 17, 1:21 PM
    • 23 Posts
    • 0 Thanks
    grayselegy
    Pursuent to the above, Firstly I shall go online and file my Acknowledgement of Service form to the Court shortly, within the time limit and disagreeing with their Claim. This gives me until 13th April to return a Defence. Secondly, I think I need to see what letters I've missed, just in case there's some mistake in their paperwork. So is it a good idea to write the below brief letter direct to PE asking for the paperwork already sent and a bit more?
    "....Dear Sirs,
    Re: Claim No. XXXXX Northampton County Court Business Centre, your ref. XXXXX
    I have just been notified by the Court of the above case, which I intend to defend.
    It seems that you have been writing to my old address, and consequently I have not seen any letters you sent to date. My new address is above.
    In order to prepare my defence I therefore formally request that you send me copies of all documents previously sent to my old address, together with photos of the signs to which you refer in document N1SDT Claim Form, plus the T + C’s to which you refer, plus evidence from the automated number plate recognition system referred to, including any photographic proof that it was my car and who was driving, and any other documentation on which you will rely in Court.
    Please note that I am not making any admission as to who was the driver, as I need to see the full details of the alleged incident in order to ascertain this.
    Please ensure that you send this information within the next 7 days as I only have a limited time to send my defence to the Court.
    Many thanks and yours faithfully...."

    Hopefully I shall get this in time to prepare and send a proper Defence - or I can state if I do not get this and that it prejudices my defence, so it's useful to ask either way. But if you think it's not worthwhile, I shall prepare my defence on the basis of the lack of paperwork I have.

    I don't understand the bit "...the part 18 request for this information (which does not go to the court) but to the claimant..." what is this, please?

    I am already compiling quite a lengthy Defence based on the many threads I've read here, but I thought I'd see if they send the above first before finishing and filing it. Obviously I'll check back with you all first.

    Thanks everyone.
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