Help :( Parking Eye Small Claims Court

Redx

danielfoley22 wrote: »

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

1) that is something you have to prove , or they do , in court

2) no , under POFA 2012 the RK can be held liable for the contravention and they say you broke their rules when you parked on private land, again only a court can decide this

3) irrelevant

4) they are not photos , they are anpr pictures as explained on pranksters blog http://parking-prankster.blogspot.co.uk/2014_02_01_archive.html

5) again, to be disputed in court as regards signage issues

6) EQUALITY ACT 2010 may cover this but again its down to you to make the court aware and may or may not sway the judge

7) that is because they are ANPR cameras , not cctv , see previous point in 4)

8) this is still the best method of getting this cancelled, and always will be

there is also the main popla appeal points that should be covered , no locus (no contract or no standing) , not a genuine pre estimate of loss , and bad signage , never mind anpr calibration etc

you really need to bone up on the real issues here , sorry to say - but being honest too

the way I see this is that you seem to know nothing about the rules etc on parking on private land in england and wales, nor do you understand the small claims court system either

I am no expert in either field, but have spent 10 months learning the first issue and still dont know half of it , and I know little of the court issue other than what I read

unfortunately you have to learn both very quickly

here is a flowchart for correct defence of a pcn when it first arrives https://forums.moneysavingexpert.com/discussion/4922055

that is what you should have done when the pcn came in the post, too late now but hopefully you get the idea

danielfoley22

Thank you for your feedback, is it too late to appeal now I have a county court summons?

Redx

I would say yes, its too late to appeal

its not a summons though , its a small claims form from a county court

a summons is for criminal matters , not civil matters

there is no reason why you cannot ask for popla to be used as an ADR though (in answer to the court papers)

danielfoley22

I refuse to pay these parasites, regardless, I want to do this properly so I will read and learn as much as I can, but regardless of the outcome they will not be receiving a penny out of me!

I abide by the law and am sick of being targeted as a motorist, the fact that I can't even park without big brother waiting to send a ticket is even more annoying.

The claim forms mean business, but, if I confront them and I show that I am not backing down and that I am prepared to fight, will that lead them to make a settlement offer outside of court?

whenisayjump

I'm going through this at the moment. Judges are people too, people who may have been given tickets! Just keep calm and set out your stall.

The PP guide is great! Give it a read, it should really help.

Redx

the only laws here are those of contract and trespass , as its private land , so a civil matter

if you fightback, then mediation is always possible and even cancellation, but its pointless asking us what will happen as it hasnt happened yet !

I am sure that by fighting back you will achieve something, ideally a popla code and popla mediation , but nothing is guaranteed

bear in mind if it goes to court and you lost, you would have to pay up or get a CCJ and then its enforcement, so better to stand and fight than risk bailiffs

Coupon-mad

danielfoley22 wrote: »

I refuse to pay these parasites, regardless, I want to do this properly so I will read and learn as much as I can, but regardless of the outcome they will not be receiving a penny out of me!

I abide by the law and am sick of being targeted as a motorist, the fact that I can't even park without big brother waiting to send a ticket is even more annoying.

The claim forms mean business, but, if I confront them and I show that I am not backing down and that I am prepared to fight, will that lead them to make a settlement offer outside of court?

1. Please read the 'Small claims Court' links I put in the NEWBIES read these FAQs first' sticky thread. You need to read the links there under the Small Claims Court heading, to see what happens when and to learn about all the victories by posters so far! There is lots of info there but not too much.

2. Go ahead and acknowledge the claim online with MCOL saying you will defend in full (BUT NOT sending a defence just yet!). Do NOT 'contest jurisdiction'.

3. When you have read the NEWBIES sticky thread links and the Prankster Guide, send me a pm over the weekend as I have a template first appeal I can send you. Lots of people use it but the main homework is yours because you will need to be ready for the N180 from (explained in the NEWBIES thread links) and be prepared with your court evidence, fully conversant with the issues to raise. And ready for their bluff and bluster 20 - 30 page reply to your defence, as mentioned in another PE thread today from someone who's further ahead in the process than you.

4. Complain to the retailer if it's a retail site. And I mean, COMPLAIN to the CEO, immediately by email!

danielfoley22

Thank you Coupon Mad really appreciate it! Ok, will get the ball rolling with MCOL, then over the weekend I will give you a nudge for a template.

I have spent half of the day trying to get to the landlord, but I managed to find out the property manager for the entire complex, so hopefully tomorrow I am going to pop down and see her.

Also, the local chip shop at the complex offered to approach ParkingEye to tell them that I was delivering supplies, any chance that a business operating there could sway it? they told me they have helped a few regulars?

I can't believe this madness, they are stinging people left right and centre, there has to be a law against what they are doing?

danielfoley22

Also MCOL are asking me for Defence Particulars in 122 lines? I'm worried if I try and defend myself I'll drop myself in it? Are there any good things I can put in my defence in relation to parking eye and their typical "breaking the rules" approach?

Coupon-mad

You don't put the defence in yet, you acknowledge the claim, as I already explained.

Did you miss the fact I said I would give you the defence wording after you've acknowledged? Someone on pepipoo only yesterday did exactly the same - I said 'I will send you the defence wording so please go and acknowledge it online but DON'T defend it yet'. And they replied by pm, saying 'right I will write a defence about signage and submit it'. !!!!!!?!

Also, the local chip shop at the complex offered to approach ParkingEye to tell them that I was delivering supplies, any chance that a business operating there could sway it? they told me they have helped a few regulars?

Not at Court stage - no lies at all.