Parking Eye Claim Form

oldguy67

I mistakingly followed old advice to ignore the Parking Charge notices from this company and have now received a County Court Claim Form. What is my next move?
I forgot to mention that all the shops on the small retail park were closed at the time I parked there, would this influence the outcome of any court action in my favour?

Redx

read the sticky thread NEWBIES READ THIS at the top of the forum, also the one LBCCC too

Coupon-mad

Do post again when you have read the sticky threads mentioned; they are at the top and do answer your questions.

oldguy67

I have read the sticky threads and from them I believe that I have to send the Response Pack back to the court with box No. 1 ticked, ie I intend to defend all of this claim.It would seem that I have also to prepare a Defence Statement. Does this have to be in legal jargon or can it take a humaitarian form?
I would like to point out that I have been retired for some years and I am not coping well with the stress of this outrageous demand from PE

Stroma

Try not to stress with this please, if it goes to court it will be very informal affair. Can I ask which retailer or service provider is involved, and have you made complaints to them about this?

bod1467

As in ... are you a (quite) regular shopper there usually? (We know it was closed at that specific point in time).

oldguy67

Thank's for the replys.
It is a small retail park and the area where I parked is next to Office World. I am sure that all the retail outlets were closed at the time as it was in July and the photo shows it getting dark when I went in and completely dark when I left. We use this car park because it is always empty and close enough to the restaurant we go to as my wife suffers from Rhumatoid Arthritis and this time we overstayed by 20 mins.

Coupon-mad

You've changed your opening post since you got the first replies - at first you had said you'd got a LBCCC. Now you say you have a claim form.

Was this a free car park?

Did you get a LBCCC and was it fully compliant as per the LBCCC Fightback thread?

You need to acknowledge the claim and then learn how to word a defence, which WILL NOT include the fact that you have been retired for some years and are not coping well with the stress of this outrageous demand from PE.

Your defence should be written without stating who the driver was, as your position is stronger to defend this as the registered keeper. You could include the fact that it was dusk and no signs were seen on arrival which would have formed a contract between the driver and PE. And PE don't own the car park so are not the right claimant as they can't claim any genuine pre-estimate of loss (there are recent court cases you can cite where PE have LOST).

You can also include the fact that the passenger suffers from Rheumatoid Arthritis which has the effect that she is slower on her feet and would need a reasonable adjustment of time, as defined in the Equality Act 2010. In other words, this is indirect disability discrimination and PE have made no anticipatory adjustment for disabled visitors, which they must do under their legal duty to avoid indirect discrimination (EHRC Code of Practice on the Equality Act 2010 for Service Providers refers, which became law in April 2011).

Pepipoo forum can help you to perfect a defence but first, read any ParkingEye small claim/MCOL/Northampton thread titles you see and click on all links, read all advice already given in such threads on this forum linked:

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

I always advise people to go back at least a DOZEN PAGES on that forum, reading every relevant ParkingEye court thread and learning from other people's defences and experiences, BEFORE posting on that forum for help. Post only once you have done some reading and if you are finding it stressful, ask a family member or friend to do the research for you.

oldguy67

Dear Coupon-mad thank you for your reply.
In my first post I did say that I had recieved a Claim Form and not a Letter Before County Court Claim. I did in fact recieve a LBCCC but unfortunately ignored it. From looking at the forums it seems to be in order and conform to the regulations.
Should I now respond on line to the court regarding the Acknowledgement of service or post the form back to them?
Would it be of any help to contact Parking Eye with regard to this incident?
I will look at other forums regarding the defence statement. Do I have to understand the legal language when it comes to the Court hearing?
Oh I forgot, this car park has a free stay limit of two hours

SevenTowers

You may want to take the Prankster up on his offer;

http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html?m=0

Coupon-mad

oldguy67 wrote: »

Dear Coupon-mad thank you for your reply.
In my first post I did say that I had recieved a Claim Form and not a Letter Before County Court Claim. I did in fact recieve a LBCCC but unfortunately ignored it. From looking at the forums it seems to be in order and conform to the regulations.
Should I now respond on line to the court regarding the Acknowledgement of service or post the form back to them?
Would it be of any help to contact Parking Eye with regard to this incident?
I will look at other forums regarding the defence statement. Do I have to understand the legal language when it comes to the Court hearing?
Oh I forgot, this car park has a free stay limit of two hours

I think as it's an MCOL small claim case, and there's a delay in the post over Christmas and New Year, I would acknowledge this online via MCOL. The paperwork should explain how, I think.

As for contacting ParkingEye direct - yes I would send them a letter as well as submitting a defence within 28 days. Your letter (like your defence) should be written without stating who the driver was, as your position is stronger to defend this as the registered keeper. You could include the fact that the driver submits that it was dusk and no signs were seen on arrival which would have formed a contract between the driver and PE. PE would need to ensure signage is lit if they are to try to enforce terms in the hours of darkness so the signage contravened the BPA Code of Practice. And PE don't own the car park so are not the right claimant as they can't claim any genuine pre-estimate of loss. There are recent court cases, with names/number/date, that you can cite where PE have LOST, here:

http://forums.moneysavingexpert.com/showpost.php?p=62971894&postcount=65

You will see if you click the links that 'ordinary' people win against ParkingEye and don't have to understand the legal language. Two ladies reported winning against PE in one day, and three have recently won saying the charge was not a 'genuine pre-estimate of loss' which it has to be, in these circumstances (two of those three are not yet posted in that link but will be added in January). A person capable of winning at the hearing just needs to be determined and clear about the aspects of their defence, and confident enough to brush off a PE solicitor who may try to intimidate them and foist late paperwork on them, outside the court room.

In your letter and in your defence, you can also include the fact that the passenger suffers from Rheumatoid Arthritis (attach documentary evidence if possible) which has the effect that she is slower on her feet and would need a reasonable adjustment of time, as defined in the Equality Act 2010. In other words, this is indirect disability discrimination and PE have made no anticipatory adjustment for disabled visitors, which they must do under their legal duty to avoid indirect discrimination (EHRC Code of Practice on the Equality Act 2010 for Service Providers refers, which became law in April 2011). The two hours for able-bodied people needs an element of adjustment for people with 'protected characteristics' under the Equality Act 2010 (your wife is such a protected person).

If this was a retail car park send the same letter as an official complaint about disability discrimination by their agent. Whoever contracted ParkingEye there is jointly and severally liable for this breach of the Equality Act 2010 (no Blue Badge needed by the way but if you have one to enclose a photocopy of, then do so). The retail complaint will need to go to whoever runs the retail park - managing agent - if it's a place with more than one Store onsite. Google the name of the retail park to find who runs it or a 'contact us' email address, or if no luck finding out who runs it, just send an official complaint to the 'Centre Manager' at the Retail Park.

In post #3 here I give details about how to complain (including a template ranting complaint about ParkingEye, for a Retail Manager):

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

Even if the Retail Manager or landowner/agent wants it cancelled (get that in writing or by email!) still expect a reply from PE offering to settle for a payment from you of £50. IMHO, most people tell them where to get off with such an offer but it will be up to you (and don't take your eye off the ball, as far as submitting the defence online is concerned, within 28 days).