Parking eye, court papers here, I messed up.

Jersh

Right, need to be honest, got a ticket for over staying in a hospital (overstayed the free waiting time, didn't pay anything).


And now the stupidity:
First ticket notice turns up. I laughed and burnt it.
Second one turns up, burnt it again.
Further propagander turns up. binned it.
Court letters arrive, so I did something half sensible, I came online and looked for some advice, at this point I realised I'd probably missed the appeals time. Read some other forums about a court defense, enter my own, because I had destroyed the paperwork I couldn't be sure exactly what was said but it looked good.

today received notice from them saying than plan to proceed, made the following points:
1. I claimed the charge as an unlawful penalty. (they've responded with a massive document that include examples of when they have won in court)
2. They're letter before action was non compliant, they've just re-written it to make it compliant and re-submitted it.
3. I said that they hand't informed me of the appeals system, they have supplied copies of the parking notices which I must admit shows them clearly.
4. They make note of my ignorance of the tickets which I said I was advised to do by the BBC watchdog program and some other sources.

I also seem to have admitted being the driver, more or less. I defiantly implied it by admitting we where at an appointment.

I don't know what to do now, don't know if this is a scare tactic or if I just need to agree to enter mediation with them and pay up. I defiantly don't need a CCJ. it'd ruin me as I'm only 22.

If anyone has some solid advise I'd really appreciate it.

hoohoo

If you look at the massive document you will find there is only one line of relevance - the one which says their costs are £53 per ticket. As their charge is £85 - £100 their own calculation proves that their charge is not a genuine pre-estimate of loss.

If you want to send in your own list of wins, look no further than here.
http://parking-prankster.blogspot.co.uk/2013/10/popla-decides-easy-peasy-case-after-189.html

And you might want to refer to these cases.

In 3QT62646 ParkingEye v Sharma 23/10/2013 Brentford County Court, District Judge Jenkins explained he was throwing the claim out because it was brought in the name of ParkingEye and not the landowner. He said the landowner could bring the case in their own name or jointly with ParkingEye if they wished.

In 3QT60598 ParkingEye v Gardam, 14/11/2013 High Wycombe County Court. District Judge Jones found the judgement by District Judge Jenkins persuasive and ruled that the claimant did not have the right to bring the case in their own name.

And even this case which they quote themselves:
The claimant refers to the case ParkingEye v Somerfield Stores 2011 (A3/2011/0909) and the judgement of HHJ Hegarty QC. Sir Robin Jacob states the following in the appeal on this case, regarding letters sent to motorists on behalf of ParkingEye:
6. Under the contract, ParkingEye provided all the equipment and were responsible for its operation. It received no payment from Somerfield for this. Instead it was entitled to retain all the “fines” collected. So of course ParkingEye had an incentive to operate the “fine” system aggressively.
7. This it did – too much so: some of the letters it wrote to motorists contained falsehoods.
…
9. The third letter was different. This was held to contain serious falsehoods.
…
11. This semi-literate letter was false in a number of respects:
i) It said that the debt was due to ParkingEye. It was not. It was due to Somerfield.
…
iii) It said “ParkingEye will issue proceedings” indicating that ParkingEye had authority to do so. It did not.
…
13. The Judge not only found that the third letter contained falsehoods but that those falsehoods were deliberately made by the relevant ParkingEye executive, albeit without dishonesty. Hence the Judge found ParkingEye was guilty of the tort of deceit on those occasions when the third letter was sent on its behalf. ParkingEye does not challenge this decision.

The claimant therefore is pursuing a debt which is not owed to themselves, but to the landowner, and which they have no authority to do so

Jersh

So I should send them a list of cases where they have lost and hope the back down?
Do you think this is just a scare tactic. Nothing has shown up new on the online moneyclaim system. I am assuming that the court will send me something official to signal that have actually proceeded

Coupon-mad

Jersh wrote: »

So I should send them a list of cases where they have lost and hope the back down?

NOPE. :eek:

You haven't read the blog from today's win v PE so read it and learn:

http://parking-prankster.blogspot.co.uk/2013_11_01_archive.html

What happened when you complained to the Hospital about this harassment, as in post #1 here loads of times after court papers:

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

Post #3 there tells you who to complain to at a Hospital & links you to PALS.

And there are PE small claims threads GALORE on pepipoo discussing defences, start here:

http://forums.pepipoo.com/index.php?showtopic=85178

Please heed the advice from others who have been there, done that already.

Jersh

But I'm well past the appeals 28 days now, I should still complain to the PALS and hospital to see if they can get it struck off?
Also does anyone know what the next stage it, although PE have sent me a letter saying they plan to proceed.

And also nothing new has shown up on moneyclaim website, does anyone know what the next step is that I should see?

Something I've noticed in this parking charge amount, under comercial justification:
"In Mayhook v National Car Parks and Fuller (2012) the judge stated 'Plainly if the car is parked contrary to the terms and conditions it cannot be occupied by another vehicle and may be source of complaint. I can see that it plainly causes a potential loss of revenue'

Is this a loss in revenue for the parking firm or the company who the car park is outside of? Cause my ticket is for a hospital who obviously wont have had a loss in revenue.

spacey2012

They are going to love you....

Jersh

spacey2012 wrote: »

They are going to love you....

Whats this supposed to mean exactly? Please could you clarify?

4consumerrights

Forget what spacey means by that remark - you have more important things to spend your time on. (incidentally he probably means Parking Eye view you as a soft touch)

Please follow coupon mads advice above.

Also this is a good recent thread to look at - following the advice and links supplied -

https://forums.moneysavingexpert.com/discussion/4814557

It contains a bullet point defence to submit and further details from coupons additional posts.

Also consider adding to bullet point defence:

A counterclaim for damages will be requested at the hearing for failing to make reasonable adjustments by breaching the Equality Act.

You must not miss your deadline for acknowledging the claim or submitting your defence.

Jersh

Thanks for your input, I am struggling to comprehend the vast amount of advice on the websites here and at pepipoo. most cases seem to be retail environments whereas mine was in a hospital setting, most seem to be from sensible people who did not dismiss the ticket until it got to court letters.

I'm getting overwhelmed by everything and I'm not exactly sure what I should be doing to help myself. So far I've just read their notice to proceed which seems to be a massive FAQ with example cases.
I put in my defense on the money claim that their previous letter before claim was not compliant, they said they have created a new one but I cannot see it in the pack, most letters seem to be original copies of the tickets they sent to me. so I don't know if this means they'll have to start a new claim or anything. I'm really grateful for the help I've received so far and I will continue to read the threads on the two websites to see if I can find anything I can relate to myself.

Also I have just sent a complaint letter to the PALs email address using that template on the welcome break case provided by Coupon-mad. it was a bit of a pain trying to make it sensible since it was retail based (kind of).

Anyway thanks again, and if anyone else has anything else they feel will help please have your say, I am already grateful that you have taken time to read this far

4consumerrights

I know that the forum can appear to be overwhelming and advice coming from all angles - however the regular contributors are here to help and guide at whatever stage the indvidual is at - receipt of parking charge, POPLA or court defences.

In addition to making a complaint to PALS you should also write to the Trust Headquarters of the health authority concerned stating that

"As the hospital was late seeing patients on..... I had to wait longer to be seen and I have now received court papers from their car park management team, parking eye.

This is causing me considerable distress and anxiety. I feel aggrieved that as a service user of the hospital, I am being unfairly persecuted by parking eye.

I would also like to remind you that both the hospital trust and any appointed agent are bound by the Equality Act 2010 and there is sufficient evidence that reasonable adjustements have not been fulfilled under this Act.

I therefore demand that the Trust intervenes as the principal landowner and instructs parking eye cease any legal action and cancel this parking charge.

I also take this opportunity to inform you that as part of my defence, I am requesting that a counterclaim for harassment is being sought under the aforementioned Act and that this may involve the Trust in litigation.

Copies of Parking Eye's contract with you and their authority to pursue charges are also part of the defence papers requested and the (insert local council) are being contacted regarding planning permission and the business rates paid by Parking Eye."

You should also include when filing your defence that:

Parking Eye originally issued the court papers after sending a non-compliant letter before action.
and
You are willing to resolve this issue by alternative dispute resolution (ADR) - (this means POPLA !)



And sorry to add further reading to your list - this thread relates to POPLA defences but the details on each point in the thread can be adapted for court defences: https://forums.moneysavingexpert.com/discussion/4816165

Please make sure that you understand all the terms yourself - forum users can assist.

Jersh

What I'm most confused with at the moment is weather I have to wait for further instruction from the court or if there is somewhere I should be putting my defense right now. If anyone can clarify this I'd be grateful