Help :( Parking Eye Small Claims Court

danielfoley22

Hi everyone,

I'm new here, but been reading these for a while and want help dealing with these unfair parasites.

To outline the current situation:

1.) Got a parking fine from Parking Eye because apparently I parked in a private bay in a public car park for 18 minutes.

For the last 15 years I have used the car park which had no cameras, and frequently parked in the outter car park bays when going into the pub for a quick after work drink.

Cameras were recently installed, and parking on the outter bays left me with a parking fine, even though it was not immediately clear that the outter bays were private, the lines had been painted a dim red from white, but the offence happened in December at 7pm in the evening when it was dark?

I ignored the letters they sent me which showed a picture of me arriving and leaving the car park, but none actually showed where I had parked.

I have since been back to the car park and none of the cameras are facing the "private" bays, the signage for the area is too far apart and the bays which were private had no clear signs to indicate just that.

My refusal to pay has lead to a small claims court letter being issued to me from Northampton County Court because of Parking Eye.

My arguments are:

1.) I used the car park for less than 20 minutes to go to the pub, this car park has always been free with a max stay of 2 hours, it was completely new to me that you could no longer park in the outer bays which are always empty in the evenings.

2.) The signage is just too inappropriate for the area, recently however they have increased their signage (I guess in attempt to snag more innocent motorists)

3.) The fine is absolutely disgraceful considering I was using the parking area to bring custom to businesses within the area?

4.) The fine amount was disproportionate to the contravention

So, now, I have the court forms, I am confused by so much legal jargon and I really need help to fight this, I refuse to be taken for a ride and to be treated unfairly.

So, what do I do to defend myself? I haven't appealed against anything because I thought this was another private pesky company just trying to extort money.

The court papers state the following:

Particulars of Claim:
Claim for monies outstanding from the defendant as registered keeper in relation to a parking charge issued on 25/12/2013 for parking on private land in breach of the terms and conditions (the contract) parking eyes automated number plate recognition system monitoring wigmore park district centre (Permit Area) Wigmore Lane, Luton,. Bedfordshire, LU2 9XG. Captured vehicle XXXXXX Parking without authoriisation. The signage clearly displayed at the entrance to and throughout the car park states that this is private land, is managed by ParkingEye LTD, and authorisation is required to park along with other T+C's by which those who park on site agree to be bound. In accordance with the T+C's set out in the signage, the parking charge became payable. Notice under the protection of Freedoms Act 2012 has been given under SCH4, Making the keeper liable. This claim is in reference to parking charges xxxxxx

If someone could help me nail these b***** and put them back in the gutter I would really appreciate it.

I received the letter today so not sure how long I have?

Aaron_Aadvark

I suggest you have a look at this first.

http://parking-prankster.com/court-claim.html

danielfoley22

Brought the guide, hope it helps, just so much to digest and understand

bod1467

It may seem a petty comment, but it will ultimately help you (in respect of preparing a defence) ... you bought the guide, not brought it.

Many people find using incorrect grammar annoying ... if one such person happened to be the Judge ..........

danielfoley22

Thanks, but I am sure my grammar won't make much difference, I have no idea about the proceedings or what to do, I didn't appeal it, I didn't respond to them, I didn't do anything, now I am trying to get evidence together, but I thought, they have no actual proof of it being me, they only have proof of my car entering and leaving?

tykesi

but I thought, they have no actual proof of it being me, they only have proof of my car entering and leaving?

If as you say you've been 'reading these for a while', please please please tell us you're NOT actually considering using this as ANY form of defence against this claim?

bod1467

danielfoley22 wrote: »

but I thought, they have no actual proof of it being me, they only have proof of my car entering and leaving?

Given your location as per your forum details, and assuming the parking event was thus also in England, then it doesn't matter ... if you're the registered keeper then they can pursue you; they don't have to go after the driver (as long is their prior paperwork was compliant with POFA).

danielfoley22

Well, I came here because I wanted to get help? I have never had to deal with any of this before, but I just wanted to get some help or direction? End of the day, I parked for 18 minutes in a bay which had gone from being public to private with hardly any signage around, it was a mistake, and now I have court papers, I have read about all of these cases, but I cant make head or tail of all the proceedings or procedures?

I have taken photos of the area, I dont know what letters to write, what to do?

I really don't fancy a CCJ or paying it when I along with hundreds of others have been unfairly targeted?

bod1467

All we can say for the moment is ... read and digest the guide, create a scratchpad defence then post it here for advice.

PS - you only get a CCJ if you:

a) Go to court
b) Lose
c) Still don't pay within the prescribed period (normally 28 days) of the judgement

A court claim in itself is not a CCJ, but it can lead to one.

danielfoley22

Ok thank you for your feedback, by a scratchpad defence, you mean what I intend to take to court with me to defend myself? If so, I don't know where to start other than:

1.) They claimed I parked in a clearly marked private bay, which isn't clearly marked, the lines surrounding the bays are red, however they were red BEFORE parking eye setup cameras, the only way I could of known they were private was if I had got out and read the signs which were not in a clear line of vision, the first time I saw them was at 7pm on a December evening, so in the dark how could I read them? especially where they were placed.

2.) I thought by law they had to have evidence actually showing me commiting the contravention? a picture of me entering and leaving doesn't show where I parked, they have not clearly identified where I parked? Because they lack specifics I am not even sure if I did commit the offence?

3.) I have approached businesses, shops and the pub and they all said that Parking Eye dish out fines continually to hundreds of people and that complaints are constantly coming in?

4.) The quality of the photos showing me entering and leaving were awful?

5.) One route I took into the car park meant that I did not get an opportunity to clearly see the signs warning me?

6.) I have a disability of the spine (scoliosis) as such I have a fused spine and I cant freely stick my head upwards to read the signs which are at a height of over 9ft

7.) None of the cameras in the car park face the private bays?

8.) I have tried confronting the land owner / manager but they have managed to avoid replying or contacting me

That's some of my evidence so far?

But I don't know what to write to Parking Eye, I want to request evidence to know what they are actually trying to claim for, they havent given me any evidence?

On top of that I have poor health, I am not always home when post is delivered, I dont get every letter and the last few months I have been quite unwell, this isnt playing the sympathy card, just a fact.

Any help getting started with a draft letter would be great?

Redx

danielfoley22 wrote: »

Well, I came here because I wanted to get help?

I have never had to deal with any of this before, but I just wanted to get some help or direction?

End of the day, I parked for 18 minutes in a bay which had gone from being public to private with hardly any signage around, it was a mistake, and now I have court papers, I have read about all of these cases, but I cant make head or tail of all the proceedings or procedures?

I have taken photos of the area, I dont know what letters to write, what to do?

I really don't fancy a CCJ or paying it when I along with hundreds of others have been unfairly targeted?

and you received help, you were pointed at parking pranksters guide to PE court cases (free and paid for)

most of us have never been to court either, or received court papers, I certainly havent , but that guide is the definitive guide on this matter, so you are pointed at it

we cannot give legal advice , so get a solicitor if that is what you require

all we can do is point you at the relevant info to fight your own case, should you decide to do so (or to help your legal counsel if you employ one - some do , even parking eye do)

nobody on here is going to do the job for you