Advice on how to respond to PE Letter

Coupon-mad

Have a look at Space Cowboy's defence he has posted up today - it had more points than that and rebutted every point in the Particulars of Claim (which you must rebut, if you do not, then you are seen to accept!).

ianh05

Thanks - their POC are rather generic though?

Particulars of Claim
Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, issued 1711112012, for parking without authority on private land. ParkingEye?s automated number plate recognition (ANPR) system, monitoring Riverside Retail Park, Victoria Road, Chelmsford, Essex, CM IPG, captured vehicle XXXXXX entering and leaving the car park, overstaying the max stay time. The signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by ParkingEye Ltd, and is a max stay site, along with other terms and conditions by which those who park on site agree to be bound. In accordance with the terms and conditions set out in the signage, the Parking Charge became payable. Notice under the Protection of Freedoms Act 2012 has been given under Sch 4, making the keeper liable. This claim is in reference to Parking Charge(s): xxxxxxx

zzzLazyDaisy

ianh05 wrote: »

Thanks Coupon-Mad - my intended bullet points under Section 3 would be:


1. Non compliance with the Practice Direction.

2. No evidence that they have authority from the landowner to pursue outstanding parking charges.

These two points are covered at points 1 & 2 and don't need to be repeated.

Under point 3 you are setting out the remainder of your defence in bullet points.

As well as rebutting all parts of the claim as stated by the claimant, you also need to list any points that you will be relying on in conducting your defence.

I suggest that you end with a final point along the following lines:

"The defendant reserves the right to file a more fully pleaded defence once the claimant has provided full particulars of claim"

HTH

Daisy

EDIT - I would also go through the template letter that you posted at post 1 and make sure you rebut the assertions contained in that letter. So under your point on 'genuine pre-estimate of loss' go back and see what they say, and in your defence state that

"The claimant's assertion that the sum claimed amounts to a genuine pre-estimate of loss as claimed by the claimant in its letter to the defendant dated xxxx is not accepted and the claimant is put to strict proof of its assertion"

Do the same with the rest of the letter - ie treat the letter as if it is part of the particulars of claim.

I would also include a challenge on the APNR equipment, something like

"The defendant challenges the accuracy of the evidence produced by the APNR equipment relied upon by the claimant and the claimant is put to strict proof of the accuracy of its APNR equipment"

(later you can make a request for documents relevant to this case, but that comes after the defence has been filed and the claimant's reply received)

ianh05

Points to be sent as part of my letter of complaint to the court manager:

1. No genuine reason of how the claim amount has been calculated.The car park offers 2 hours freeparking.

2. Which breach of contract has occurred – this has never beenidentified on any letters from the claimant.

3. The contract offered by the signage is unfair as defined by theUnfair Contract Terms Act 1977.
The first PCN was sent out to me within a weeks of the event so I cannot use this as a defence - I think the best way to defend ( IF it gets to court ) is to go for the non-compliance and unfairness of contract.

Also, am I right in presuming that an evidence pack will be sent to me from PE?

Coupon-mad

Evidence pack will be later, if they pay a hearing fee. Most cases we see started by PE actually don't go that far, when the poster sends a robust defence to the court, and writes to PE to try to head them off, and complains to the landowner/retailer as well. Put the pressure on, rattle all the cages you can.

ianh05

I've managed to track down the Landlord of the site so I'm awaiting a call from someone that can (hopefully!) help with this....

ianh05

Hi all - update - I've sent off my defence to the court ( and BIG thanks for HooHoo for helping me with this ).

I'm completing Form N180 and am I right in thinking that under D2 ( expert witness ) it's a No?

However, is there anyone local to me (Leicester) that would be willing to accompany me as a witness IF it actually goes to a hearing?

I would willing to pay your expenses ( within reason!)

Coupon-mad

Expert witness = No.

Sorry I am nowhere near Leics. If you did find someone to go with you they wouldn't be an expert witness they'd be a 'friend' I think.

Have you seen all the other cases with this retail park on the forum, it's been mentioned before including in a POPLA win that you can cite when you add meat to the bones of your skeleton defence (or you could write to PE and rattle their cage which is advisable, why not!).

Here's a POPLA win IF IT'S THE SAME RIVERSIDE! Worth contacting the OP to check and for the POPLA case number to cite:

https://forums.moneysavingexpert.com/discussion/comment/63460814#Comment_63460814

Have you also seen that PE have lost at least 4 cases? The most recent one is on page 1 or 2 here now, thread posted by bargepole.

ianh05

I have seen with interest that PE are losing in Court!

Have just sent a letter of complaint to the Landowners / Landlords to see if they can get this stopped!

Will update in due course...

ianh05

Hi - I have had an interesting reply from the Landowners managing agent see below - but today I have received the Notice to Proceed and reply to my defence from PE - but no witness statement...

What do you think??

"Dear Mr xxx

Your letters have been passed to me as managing agent of Riverside Retail Park on behalf of British Airways PensionFund.

It is not our intention to penalise genuine customers of the Retail Park for staying beyond two hours. The instruction of Parking Eye was brought in tocombat the problems we were experiencing with persons abusing the car park byusing it as a free car park while they went off to work.
I will discuss your PCN with Parking Eye andwill come back to you in due course"