Parking Eye - County Court Defence

Katie-Kat-Kins

Hi everyone,

It has been a while since I posted anything on here but I need some help with a parking eye parking charge.

I've had a county court claim form and have acknowledged service, I now need to draft a defence and would like some guidence on the main points to raise. I have read some of the other threads but thought it best to start my own rather than hi-jacking!

I want to be sure that I have the most up to date information.

The car park was one that doesn't charge but does have a max stay. The vehicle overstayed by a few minutes, but had used the shop that the car park belonged to.

I'm wary of putting too much info on here so just say if you need me to answer anything specific.

I haven't appealed to POPLA as my argument is essentially that PE aren't entitled to levy a fine and I understand that POPLA can't adjudicate on that.

All help appreciated!

Thanks

Coupon-mad

Jeez you threw away your POPLA chance because we win against PE 100% of the time at POPLA stage.

Anyway the most up to date small claim threads are on pepipoo:

http://forums.pepipoo.com/index.php?showforum=60

I post as SRM there and I have just spent time adding links to several of the pepipoo court claim threads you can see there on the first few pages. Happy reading, you will learn lots about how to appeal and what recent cases to cite. If I were you I would research there by clicking on every 'Northampton/small claim' titled thread going back as many pages of that forum as you can bear to read!

What happened when you complained to the retail Store Manager or overall site Manager? At least you are never too late to complain so do that as well NOW:

https://forums.moneysavingexpert.com/discussion/4766249

What a shame this easily-quashed PCN has been allowed to get to this stressful stage. POPLA or the Store Management would have cancelled it ages ago.

Katie-Kat-Kins

I couldn't have gone to POPLA as none of the grounds of appeal applied. At the time the advice was refuse to pay and ignore further threats, which is what I did. I will complain to the store now though if that is the best course of action.

I will look at peppipoo too.

Thanks

peter_the_piper

Yes you could have as the basic appeal is that PE are unable to justify their costs. Its not important about the details of your case (sorry) just get an appeal in that wins.

jeanraffio

Katie-Kat-Kins wrote: »

I couldn't have gone to POPLA as none of the grounds of appeal applied.

Totally incorrect, sorry. the appeal is made on the fact that the charge is way above and beyond what it should be, not your alleged infringement.

A shame you didn't come on here within those 28 days you had with POPLA, this would be done and dusted and we'd have cost PE money.

bod1467

The appeal points that these scum mention are only the ones they WANT you to use - because they can always beat them and win. That doesn't mean they are the ONLY appeal points you can use - quite the opposite.

Coupon-mad

Katie-Kat-Kins wrote: »

I couldn't have gone to POPLA as none of the grounds of appeal applied.

Completely wrong:

http://parking-prankster.blogspot.co.uk/2013/05/secret-reasons-you-can-use-in-your.html

When was this incident? I have been advising POPLA appeals all year in 2013.

Katie-Kat-Kins

jeanraffio wrote: »

Totally incorrect, sorry. the appeal is made on the fact that the charge is way above and beyond what it should be, not your alleged infringement.

A shame you didn't come on here within those 28 days you had with POPLA, this would be done and dusted and we'd have cost PE money.

I did come on here when the notice was first received, I don't think I started a post but I read the advice and it listed the grounds for appeal. I also read the grounds of appeal on the POPLA website here:
http://www.popla.org.uk/makinganappeal.htm

And it told me I didn't have grounds to appeal.

So too late. Now I need advice on putting a solid defence together.

Katie-Kat-Kins

Coupon-mad wrote: »

Completely wrong:

http://parking-prankster.blogspot.co.uk/2013/05/secret-reasons-you-can-use-in-your.html

When was this incident? I have been advising POPLA appeals all year in 2013.

Beginning of the year.

I read the advice. It said that if you have grounds to appeal to POPLA do, I didn't so I went with the rest of the advice, sent one letter (based on a template on here) refusing to pay and ignored the rest of the threats.

Anyway I still don't see how my circumstances fit with the grounds for appeal.

Grounds as stated on POPLA

- The vehicle was not improperly parked: e.g. that the vehicle was not parked where stated on the parking charge notice; that you believe you were still within the time you paid for; that the voucher was clearly displayed or that the conditions were not properly signed.
-The parking charge (ticket) exceeded the appropriate amount: e.g. that you are being asked to pay the wrong amount for the parking charge or that the charge has already been paid.
-The vehicle was stolen: e.g. that the vehicle was improperly parked after being stolen. However, the fact that someone else was driving your vehicle, for example a family member, friend or colleague, is not in itself a valid ground of appeal. The fact that you told the driver that they could only use your vehicle on condition they did not get any parking tickets is not a valid ground of appeal.
-I am not liable for the parking charge: e.g. that you had sold the vehicle before, or bought it after, the alleged improper parking. However, the fact that you had paid to park the vehicle in the first place (even if, for example, the voucher was not clearly displayed) is not in itself a valid ground of appeal.

jeanraffio

With respect, I don't think that you looked anywhere near hard enough here on these forums. Virtually every other thread states the basics of how to beat a PPC - and the advice is ALWAYS appeal through POPLA using the GPEOL argument - not one of these appeals has ever lost with the advice on these forums from regulars (running into the 100s).

That said we are where we are, and Parking Eye will almost certainly now serve court papers. Look out for something through the door labelled LBCCC (or very similar) which starts the legal ball rolling. Read through some of the more detailed threads regarding PE and court action / LBCCC (there are *lots* here on the forum) and come back and ask any specific questions.

peter_the_piper

Would you really think that a set of adjudicators hired by the BPA would tell you the best way to defeat a ppc? They try to show they are independent but they have been giving the ppc's lessons on how to interpret the rules.
Regarding your and other cases, don't bother to worry about whether your case fits the appeal criteria or not, just go for the winning strategy. However that course may not be open to you. Follow the advice given on here and pepipoo.com on how to beat them at county court.