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  • FIRST POST
    • hayleycull
    • By hayleycull 3rd Aug 17, 8:40 PM
    • 53Posts
    • 25Thanks
    hayleycull
    parking eye county court letter HELP
    • #1
    • 3rd Aug 17, 8:40 PM
    parking eye county court letter HELP 3rd Aug 17 at 8:40 PM
    on the 3.12.16 i was issued a ticket for parking in a 15 minute bay for 28minutes(£100 or £60 if paid within 14 days)- Yes there was a sign stating the time allowance. I was at work that day as a community nurse and was called to an urgent home visit. there is no parking at all in the area. i stopped in the bay outside the block of flats and called the patient. i was told by them it was ok to park there for a short time. i then quickly went to do the visit. as i was in my car making the phone call etc it ended up being 28 minutes. I wasnt sure what to do but ended up writing a letter stating the above and also offering to provide proof of patient and work info etc. Of course that was rejected! i appealed through the POPLA process again being rejected.
    Unsure what to do and not willing to pay the extortionate amount i (probably foolishly!) ignored it.
    Today i arrive home to a letter headed 'claim form. county court business centre'. court address is Northampton.ive never seen a court letter so no idea if its real or not! it gives me an option of paying:£100 amount claimed, £25 court fee, £50 legal representive= £175 total.
    the attached letter gives options ofaying now/agreeing buy asking for time to pay/admit only part of claim/counterclaiming. there is also another sheet wanting me to fill in all my personal info-D.O.B/phone number/dependants/employer details/bank account saving amounts/incomings/expenses/debts.
    WHAT SHOULD I DO??????
Page 4
    • Coupon-mad
    • By Coupon-mad 1st Sep 17, 1:38 AM
    • 50,723 Posts
    • 64,127 Thanks
    Coupon-mad
    Replace 5 with wording saying:

    5.1 The Defendant pulled over at the entrance area (not causing an obstruction) to ring the patient, as this was an emergency medical call out. The Defendant also asked a person who appeared to be a parking attendant in a hi-viz jacket, if the Defendant could park to attend urgently and briefly, to the medical needs of a patient in the flats. The Defendant was told: ''you can park if you are quick''.

    5.2 The defendant then moved the car into a parking space and was only parked there for less than 15 minutes, which was believed not to be a contravention of the restriction. There were two parking events, therefore, and neither more than ten minutes in each place, for reasons of a medical emergency.

    5.3 It is argued that it would be unconscionable for this charge to be pursued and upheld in the courts, under the circumstances, but ParkingEye dismissed the appeal made and asked for no evidence of the matter. The Defendant was able to show their work records (without any patient data of course, due to the DPA) but at no point did the Claimant consider the facts.

    5.4 No signs were seen informing the Defendant that the 'total stay' rather than actual parking times (two stops in two different places) were being timed. The Defendant had no idea this area was covered by ANPR, nor how the data would be used, and in stopping twice for no more than 10 minutes each time, the Defendant believed they had committed no breach and certainly never agreed any 'contractual charge' which was not known about.


    Then remove 8.2. It is a commercial site so you can't have 8.2.

    Get this signed, dated and emailed to the CCBCAQ email address (Google it) IN THE MORNING or before 2pm without fail, so you can know it is in on time.

    You are pushing it for time. Must be in Friday, then breathe!
    Last edited by Coupon-mad; 01-09-2017 at 7:47 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • hayleycull
    • By hayleycull 1st Sep 17, 1:49 AM
    • 53 Posts
    • 25 Thanks
    hayleycull
    wow I truly can't thankyou enough. I had a go this evening at trying to write something like that - your wording is 1000% better and puts mine to shame.
    I'm enjoying the perks of my job right now- on call all night- and been called out!!nothing like working for 20 hrs straight.will ensure I get this typed and emailed first thing when I'm home.
    I'll update you on progress. and once again thankyou so much for your help.fingers crossed
    • Redx
    • By Redx 1st Sep 17, 10:14 AM
    • 16,110 Posts
    • 20,172 Thanks
    Redx
    I agree, this should be a "killer" of a defence and we would all like you to win

    just ensure that when your completed draft is ready , save as a pdf , PRINT IT , sign and date it , SCAN IT , save as a word doc and as a pdf , email it as an attachment to CCBC , with the correct details in the email header , MCOL ref and name etc , plus SEE ATTACHED DEFENCE in the comments box

    lamilad outlined this procedure a few weeks ago in one of his posts , plus it will be in post #2 of the NEWBIES sticky thread I think , so search his posts carefully

    dont try and use the online MCOL defence box

    then phone the CCBC and ensure they have got the defence and add it to your case files (they may be busy so keep trying)

    good luck
    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
    • hayleycull
    • By hayleycull 1st Sep 17, 12:17 PM
    • 53 Posts
    • 25 Thanks
    hayleycull
    sorry quick question. email was sent and acknowledgment of e mail received. i called the ccbc to check they have received it. i was told they arent able to tell me that as they cant access that information. should i be concerned by that? also on the MCOL website there is a box for continue defence. i have followed advice here and not filled in the defence particulars box. it doesnt let me continue past that box so by looking at my status summary it looks like defence not yet received and last communication with them was the AOS.
    ive probably just confused myself!!
    • Redx
    • By Redx 1st Sep 17, 3:19 PM
    • 16,110 Posts
    • 20,172 Thanks
    Redx
    I would check the status in a few days and see if the status has changed , meaning they will have added the defence to the case file and moved it on for the next stage

    the only other option would be to post a copy with recorded delivery , also explaining it was emailed on friday the 1st of September 2017 as well (so the paper copy is a backup for the actual email submitted already)
    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
    • hayleycull
    • By hayleycull 1st Sep 17, 3:28 PM
    • 53 Posts
    • 25 Thanks
    hayleycull
    done that already...im a bit paranoid!! thankyou
    • Redx
    • By Redx 1st Sep 17, 3:40 PM
    • 16,110 Posts
    • 20,172 Thanks
    Redx
    excellent , better safe than sorry, so just keep a hold of the PO certificate , take a photo or scan of it , keep it safe , check for delivery on monday or tuesday

    then check the status daily until it changes , maybe phoning next friday if nothing has changed

    this wont be a quick process, so several weeks or a few months to go yet , but the onus is on them to pay the filing fee if it goes to DQ stage

    read bargepoles timeline of events so you know what happens and in what order (appearing in court is not inevitable , it could end long before , or just before , 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
    • hayleycull
    • By hayleycull 28th Sep 17, 12:56 PM
    • 53 Posts
    • 25 Thanks
    hayleycull
    so heres an update:
    so i have received a DIRECTIONS QUESTIONAIRE n180.
    its on a really faded bit of paper and all is cleary just a generic letter thats printed straight off-the only hand written bit on it is the claim number.
    parking eye have ticked the boxes saying they want the case to be referred to the small claims mediation service.
    there is nothing for me to do on it and no guidance as to what now happens.
    • nosferatu1001
    • By nosferatu1001 28th Sep 17, 1:45 PM
    • 579 Posts
    • 701 Thanks
    nosferatu1001
    Well there is guidance in the newbies thread
    You get your own N180 from the court, OR you just download it
    You fill it out, sign it and send to the court AND the claimant

    All as the newbies thread tells you.
    • Coupon-mad
    • By Coupon-mad 28th Sep 17, 10:29 PM
    • 50,723 Posts
    • 64,127 Thanks
    Coupon-mad
    so heres an update:
    so i have received a DIRECTIONS QUESTIONAIRE n180.
    its on a really faded bit of paper and all is cleary just a generic letter thats printed straight off-the only hand written bit on it is the claim number.
    parking eye have ticked the boxes saying they want the case to be referred to the small claims mediation service.
    there is nothing for me to do on it and no guidance as to what now happens.
    Originally posted by hayleycull
    So you have merely received ParkingEye's copy, not your own yet. And you tick 'no' to Mediation as explained in the NEWBIES thread, by bargepole.

    Same as here:

    http://forums.moneysavingexpert.com/showthread.php?t=5692669

    Not sure why PE sending their copy N180 is confusing two posters in one day, when it's part of the process that you receive copies of what the other party files. As expected, and you will reciprocate.
    Last edited by Coupon-mad; 28-09-2017 at 10:55 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • hayleycull
    • By hayleycull 30th Sep 17, 11:51 PM
    • 53 Posts
    • 25 Thanks
    hayleycull
    just got home from work and received in the post a " notice of proposed allocation to the small claims track".(N149a).
    i will look at the newbies thread tomorrow for advice with the next step.
    thanks
    • hayleycull
    • By hayleycull 11th Oct 17, 9:25 PM
    • 53 Posts
    • 25 Thanks
    hayleycull
    Update!!
    i sent back the form as advised on newbies and said no to mediation. i sent it to the court plus a copy to parking eye- both recorded delivery.
    today i have received a letter from parking eye
    " we write to confirm that parking eye now consider this case closed. we have notified the court that we do not wish to proceed with the above numbered claim"
    IM SO HAPPY AND RELIEVED. thankyou all for your help.
    (is there anything i should do in response to this letter?......other than grin
    • Redx
    • By Redx 11th Oct 17, 10:24 PM
    • 16,110 Posts
    • 20,172 Thanks
    Redx
    thats brilliant news

    if you decide to go for the DPA breach mentioned in the initial appeal, you have 6 years to do so, via your own MCOL once you have your ducks in a row

    otherwise, its lesson learned and now you know to be careful in retail parks, supermarkets , hospitals, doctors surgeries , airports , ports , railway stations , pub car parks etc etc
    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
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