Parking eye taking me to court over an illegal carpark which is no longer there

michellehammonnd

Please advise ,parking eye are taking me to court over a car park which they no longer have control of and is free because the council (i believe) made them take down all cameras etc . Also they have resorted to really dirty tricks .I was NOT parked at anytime in their "car park"they have a photo of my car mounting the curb,as I turned left and parked on a piece of pavement behind the beer garden of a pub to which the landlord had given me permission to as my friend was DJing there,and then six hours later as we were leaving ! At no time was I actually parked in "their car park "
Also their were no cars parked in the car park while I was there .the pictures they have are when I am driving,
I ignored all previous letters but obviously this one is different .
Any legal advise would be greatly appreciated.

kirkbyinfurnesslad_2

We can't give u legal advice as that is reserved for qualified people.

However people on here and pepipoo will help u sort a defence out

Buzby

So what letter have you got? Genuine court documents giving a case number or a spoof saying they are taking you to court? If the latter, continue to ignore. If the former, give your intention to fully defend.

spacey2012

Did you actually cross the land they own, or were they filming on to public land.
The campaign group targeting them for business rates and planning avoidance are hitting them hard as nasty litigant firms go top of the lost .
That would make an unlucky 13 victories now against this nasty outfit.
Aldi take note, you are next, you forgot to inform any business rates office you now have charging car parks, don't worry, we will do it for you.

android26

I'll let the more knowledgeable answer your questions.

However, have you contacted the council to find out why the car park was "illegal" or why the signs etc came down? It may be there was no planning permission or whatever and as such it may help you defend that there was no legal basis for the car park nor the Charge even if it is believed you did use the car park. If you can get it in writing, that can't harm anything.

Coupon-mad

michellehammonnd wrote: »

Please advise ,parking eye are taking me to court over a car park which they no longer have control of and is free because the council (i believe) made them take down all cameras etc . Also they have resorted to really dirty tricks .I was NOT parked at anytime in their "car park"they have a photo of my car mounting the curb,as I turned left and parked on a piece of pavement behind the beer garden of a pub to which the landlord had given me permission to as my friend was DJing there,and then six hours later as we were leaving ! At no time was I actually parked in "their car park "
Also their were no cars parked in the car park while I was there .the pictures they have are when I am driving,
I ignored all previous letters but obviously this one is different .
Any legal advise would be greatly appreciated.

If you have an actual court claim on your hands you will have to act in time to acknowledge the claim online and then to submit a defence urgently.

I would get a letter from the pub landlord stating that on xx/xx/2013 he gave you (name) express permission to park your vehicle on the paving slabs behind the beer garden of the pub. Keep that letter safe in case you need to attend a hearing over this rubbish - and mention you have it, in your skeleton defence (bullet point defence at this stage).

Advice on defences here:

http://forums.pepipoo.com/index.php?showtopic=82744&st=0&gopid=862298

Follow all the links and you should be able to put a decent defence together. Do not just rely on the fact you parked behind the pub - there is much more you can do to rebut the claim and to show it as unenforceable.

michellehammonnd

The landlord is writing a letter and I will take photos of where I was parked and .I have emailed the planning department and am awaiting a reply,however the police and council traffic wardens have told me they did not have planning permission,which I hope is true.It sounds logical as the "carpark" was only under parking eye for approximately 7 months.I will let you all know what the council say.
I also feel I should complain to POPLA especially after the merridian report recently.If they had erected a car park without planning permission,then isn't that against their Principles?
Also it begs the question of Parking Eyes "Dirty tricks" Over the hours
I was parked they had NO FOOTAGE of me Parked ! they knew this as the camera has got me still driving ,mounting the pavement and turning left ,on that pavement ,and leaving hours later,never,entering or parking in their car park !
How can that be regulated !

michellehammonnd

The landlord is writing a letter and I will take photos of where I was parked and .I have emailed the planning department and am awaiting a reply,however the police and council traffic wardens have told me they did not have planning permission,which I hope is true.It sounds logical as the "carpark" was only under parking eye for approximately 7 months.I will let you all know what the council say.
I also feel I should complain to POPLA especially after the merridian report recently.If they had erected a car park without planning permission,then isn't that against their Principles?
Also it begs the question of Parking Eyes "Dirty tricks" Over the hours
I was parked they had NO FOOTAGE of me Parked ! they knew this as the camera has got me still driving ,mounting the pavement and turning left ,on that pavement ,and leaving hours later,never,entering or parking in their car park !
How can that be regulated !

Coupon-mad

michellehammonnd wrote: »

The landlord is writing a letter and I will take photos of where I was parked and .I have emailed the planning department and am awaiting a reply,however the police and council traffic wardens have told me they did not have planning permission,which I hope is true.It sounds logical as the "carpark" was only under parking eye for approximately 7 months.I will let you all know what the council say.
I also feel I should complain to POPLA especially after the merridian report recently.If they had erected a car park without planning permission,then isn't that against their Principles?
Also it begs the question of Parking Eyes "Dirty tricks" Over the hours
I was parked they had NO FOOTAGE of me Parked ! they knew this as the camera has got me still driving ,mounting the pavement and turning left ,on that pavement ,and leaving hours later,never,entering or parking in their car park !
How can that be regulated !

1. You can't complain to POPLA - you can ask for a code from PE but you won't get one. You missed your chance to appeal as you ignored PE.

2. Your priority must be your defence, hence the reply I gave you above. You miss your 28 day deadline to acknowledge first and then defend the claim and you'll lose by default, so don't wait on the Planning answer from the Council.

michellehammonnd

I have been reading through the links,thank you so much for putting them up.I will prepare as much of my defence as possible over the weekend ready for Monday morning .

michellehammonnd

I am really confused now the reply from the council is
Parking Eye is a private company and no have no dealings with ******* City Council.

******* City Council do not enforce any on-street parking, this is a private matter.