Parking Eye - Too late to dispute?

Coupon-mad

Firstly remove your car reg off the version you are showing here. Quickly!

[STRIKE]I am not liable for the parking charge and the vehicle was not improperly parked. As such, the parking 'charge' notice exceeds the appropriate amount.[/STRIKE]

And remove the above first sentence not applicable as that is 'POPLA speak'.

''Your automated camera'' = should read ''Parking Eye's automated camera'' becasue this defence is written for the court not to PE. CHeck your defence and change anything that says 'you' or 'your' (I couldn't see any others but just make sure).

See if anyone else adds anything as normally you may be able to get a bit more help by private message from a regular with claims defence experience. However I think the fact you are saying it's 2 different drivers on 2 visits and can 'prove' that, and you've refreshing written it in your own honest words, should hold a lot of weight as IMHO your defence is strong on the basis of the 2 visits alone.

Can't see PE taking this to a hearing, personally, so hold firm if it goes a bit quiet and a local court is allocated (doesn't mean PE will then pay the hearing fee...).

myironlung

Have done as you suggested and will get it posted this week. If we hear anything further I will update the post and see where we go next.

Should we expect to be given a local court and a date for a hearing? If Parking Eye decide not to proceed will we hear from them or the court?

The defence docs are to be sent to the court in Northampton. Is it worth sending a copy of the defence to Parking Eye at this stage as well?

This has been very kind of you to offer this support.
Many thanks again.

Coupon-mad

myironlung wrote: »

Have done as you suggested and will get it posted this week. If we hear anything further I will update the post and see where we go next.

Should we expect to be given a local court and a date for a hearing? If Parking Eye decide not to proceed will we hear from them or the court?

The defence docs are to be sent to the court in Northampton. Is it worth sending a copy of the defence to Parking Eye at this stage as well?

This has been very kind of you to offer this support.
Many thanks again.

Are you acknowledging the claim at the same time as sending off the defence to the Court, and does the form from the Court not give you the chance to put the defence in online? It's just that time is of the essence as far as acknowledging the claim is concerned (within 14 days) whereas you can add the actual defence after that.

Yes the Court checks that a person has acknowledged and then put in a defence in time, and then Northampton allocate the case to the 'small claims track' at YOUR local County Court building because you are the appellant and you are an individual person up against a company! You are doing brilliantly BTW!

There's a useful summary posted on this thread in post #197 about defending a PE claim and what happens when:

https://forums.moneysavingexpert.com/discussion/comment/62391951#Comment_62391951

Personally I like your version as in my personal view I don't think an ordinary person defending in the small claims track should feel they 'have to' write about 'the claimant this...the claimant that'. It's enough to cover the issues and quote the POF Act, the BPA Code of Practice, some relevant case law and Unfair Contract terms stuff IMHO as you have done.

You could send a copy of the defence to Parking Eye in the interests of open communication, why not?! You don't have to but your case seems strong to me - because of the 2 visits by 2 drivers with hours in between - so I fully expect PE not to take you to a hearing (shame on you PE if you are reading this and pursue it further!).

If PE drop it you may hear from them if you've sent them a copy of the defence (maybe they will just respond). If not you can always wait and then phone your local Court once they've got it, to ask if PE have paid the hearing fee. But no rush, the wheels have to turn a bit slowly first!

And if PE drop it and then try to charge you some random 'admin costs' then tell them to take a running jump.

nigelbb

Good job but ...

Parking Eye v Smith case I have already mentioned

You haven't mentioned it previously.

Coupon-mad

Good point, well made! :T

myironlung

We acknowledged the claim online as soon as we could. There is an option to submit the defence online but it looked to have maximum word limit so we were thinking of sending the postal form in with a letter and our evidence.

Ill have another look at the website. If it fits in the box i might continue with the online submissions to avoid any confusion at the court.

Coupon-mad

You can submit a skeleton defence at this stage, summarising each point in bullet-point form. So try to do that, based loosely on Ian Williamson's summary of the main defence points as I already posted a link to, plus any other defence points you have about non-compliant or late Notices, also abject failure to follow the Practice Direction as explained here, there is lots of dirt to be dished and this is new in on this forum!:

https://forums.moneysavingexpert.com/discussion/4705657

If PE then pay a hearing fee having seen your skeleton defence you will have time to then submit your full defence prior to any hearing.

HTH