Parking eye, court papers here, I messed up.

4consumerrights

Jersh wrote: »

I'm almost embarrassed to post my defense now, should have asked for some advice earlier

I herby give notice that I deny liability for the entire claim.I
believe Parking eye are trying to impose an unlawful penalty of
absurd amounts. I would like to note that I am not legally
represented and I have discovered that the claimant's letter
before action was not compliant with the practice direction on pre
action conduct. I was not made aware of the practice direction on
pre action conduct or made aware that the court can impose
sanctions for failure to abide by it . Additionally the Claimant
has not offered any ADR process as part of the pre action
protocol. This is unreasonable as the Claimant has it's own in
house solicitor.
Also i have only just discovered that there is a independent
appeals system for private tickets. When the ticket was issued I
ignored it based on advise given by multiple solicitors on the
BBC's Watchdog program.
The ticket has been issued with regard to an overstay in a
hospital car park, as most people will know when visiting
hospitals it is of extreme unlikeliness that appointments are
conducted on time due to the nature of what a hospital does. I
believe that the extreme amounts claimed by parking eye do not
adequately represent any losses caused by the overstay (which
total
Zero)

It's a pity you didn't seek forum advice before submitting your skeleton defence and although you do mention unlawful penalty and no losses, you really need to get up to speed with this as this is mentioned in other responses to you and also links.

Both coupon mads links and traindrivers explain the court process details in full and stages.

You have nothing to lose by logging on to MCOL and trying to add other defence bullet points as per the link in my first post to you and copied here:

Defence bullet points:

• Contract between Parking Eye and landowner (not a signed witness statement)
• Proof in contract that parking eye have a proprietary interest and are legally able to purue parking charges on behalf of landowner.
• Documentary evidence that Parking Eye (or landowner) are not in breach of any local planning regulations particularly parking times and installation of ANPR system.
• Evidence that the ANPR is working accurately and correctly callibrated.
• Documentary proof that parking eye are complying with legal obligations particularly in respect with paying business rates for the car park in question.
• Amount charged does not respresent a GPEOL for the alleged contravention - Request a breakdown of the parking charge for this loss. (Normal business running costs are not applicable but parking eye quote these - suggest in court that many of these are also tax deductible expenses)
• Tailor any other points e.g regarding signage - did you see it -
• Were there signs at car park entrance - you cannot enter a contract if you were unaware of its existence.
• Were the terms clear etc to you - you could bring in the fact that you were able to park with the landowners permission under the existing obligations between the landowner and the motorist which enabled you to park without any conditions or charges imposed upon you.
• Do you or anyone with you on the day come under any of the protected characteristics of Equality Act ....

************************************


You really need to get up a gear with complaints to all the relevant hospital departments and Trust headquarter and need to go through Parking Eye's papers with a fine toothcomb - there are several threads already supplied to you with information and how court cases have been lost and do read several threads regarding POPLA wins and advice for POPLA

**************************************

The forum is SO busy that contributors cannot do everything for each person and rely on individuals to do a lot of reading and searching themselves!:)

Jersh

These are currently my main defense points
1. Neither the parking company nor their client has proved that they have planning consent to charge motorists for any alleged contravention.

2. The parking company has no contract with the landowner that permits them to levy charges on motorists up to pursuit of these charges through the courts.

3. The signage at the car park was not compliant with the British Parking Association standards and there was no valid contract between the parking company and the driver.

4. The amount demanded is not a Genuine Pre-estimate of loss.

5. The reliability of the ANPR camera’s used to identify the vehicle and time of attendance.

Looking at writing something about the actually circumstance of the day, my partner was meeting with a pain management specialist deal with severe pain in her back, because said specialist decided to show her how to perform some exercises I had to park the car up, walk into the unit and find the room she was in and then help her back outside, grab the car and drive back to her, then help her in. All with our 2 year old being terrible.

I'm assuming this comes under

Do you or anyone with you on the day come under any of the protected characteristics of Equality Act ....

Also cannot edit any of the documents online at MCOLS, I guess I will have to wait to see if actually goes to court and just get a defense ready

Jersh

Post mirrored on my thread on pepipoo:
I wish to do the same as this fellow has written here
forums.pepipoo.com/index.php?s=&showtopic=84823&view=findpost&p=888205

do I just write the court letter to the Northampton clearing or do I have to wait for it to be directed to my local court?

Coupon-mad

Looking at writing something about the actually circumstance of the day, my
partner was meeting with a pain management specialist deal with severe pain in her back, because said specialist decided to show her how to perform some exercises I had to park the car up, walk into the unit and find the room she was in and then help her back outside, grab the car and drive back to her, then help her in.

Yep sounds like she is covered by the Equality Act 2010 and a reasonable adjustment must be made by law, or it is disability discrimination.

Jersh

Currently holding fire, Had an appointment at the hospital today so I decided to pop in, I got a reply email from the Hotel service department as I entered the PALs office, so after having a nice chat with them (that causes me to go over my parking time ) She thinks she can get the ticket cancelled.
Will post when confirmation of either direct arrives

4consumerrights

Currently holding fire, Had an appointment at the hospital today so I decided to pop in, I got a reply email from the Hotel service department as I entered the PALs office, so after having a nice chat with them (that causes me to go over my parking time ) She thinks she can get the ticket cancelled.
Will post when confirmation of either direct arrives

Jersh -that's looking hopeful - however don't count your chickens yet as Parking Eye are particularly sneaky - it is not actually cancelled until you receive a written letter from Parking Eye stating that it has been.

I hope you logged onto MCOL and submitted your other defence points as in your post above - just in case.

Read this thead to someone who received court papers but thought that the charge had been cancelled:

https://forums.moneysavingexpert.com/discussion/4802567

Coupon-mad

Jersh wrote: »

Currently holding fire, Had an appointment at the hospital today so I decided to pop in, I got a reply email from the Hotel service department as I entered the PALs office, so after having a nice chat with them (that causes me to go over my parking time ) She thinks she can get the ticket cancelled.
Will post when confirmation of either direct arrives

Don't hold fire so long that PE win by default!

You must get a defence in, see this offer by PP:

http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html

I can recommend taking him up on this.

Jersh

A user on the pepino forums has offered to help me with a defense. I haven't received the directions questionnaire? Yet so no court dates have been set since I've already posted an AOS

Coupon-mad

OK but take up PP's offer of info by email as well as the pepipoo poster; share your info with the person who is helping with your defence.

Jersh

So the N180 papers came, do I have to give a copy to PE or just serve a copy to the courts.
Emailed the Hospital services manager back too. although they might have genuinely told parking to drop it the date on this form is one day after I spoke to her so there might just be some crossfire (hoping)

Either Way I know to fill this form in and send it off before the deadline.
Is it worth indicating on the form that I'll try the mediation service and offer to just pay the parking cost at the carpark?