Parking Eye County Court

regalpalms

Am really looking for some help. I have read lots and lots and am trying to get my head round it all, but quite honestly and getting a little panicked. Apologies for the long post.

A few days before Christmas I took my 82 year old disabled mother Christmas shopping along with my daughter and her three week old baby.. It was my daughters first trip out following a complication and what with my Mums mobility issues was recommended this particular retail park due to its compactness. It was truly a stressful nerve wracking trip and TBH I didn't pay much attention to signs, I had been told it was free parking and as I didn't see any machines I took that as free - stupid I know!!

In February I received a call from the management company of my previous address to be told there was some post for me, one of which was a LBA from parking eye for over staying at the retail park. I came on here and did lots of reading and drafted a reply from one of the templates that I though was appropriate and also informed them that this was the first notification that I'd had and advised them of my new address. I hoped at least that I would be able to start from the beginning and they would take into consideration my change of address.

On the 17th March I received acknowledgement from them in which they told me that I could not appeal to Popla as had missed the deadline and should submit a defence!!

A week later I received another call telling me that there was a letter that I should collect. It was a county court notice sent to my previous address. I rang the court and they said I had one day left to file my acknowledgement of service, which I did.

We have all rummaged for receipts but think these were all thrown as all shopping was Christmas presents, unbelievably not one of us used a card as all three of us used our Christmas Club Cash Savings- So really am not in a position to complain to the retailers.

So now here I am trying to build my defence - I have been cut and pasting templates but am flagging. I have now downloaded the "pranksters" guide but am not sure what direction I need to go?

Again, sorry for the length of post - would really appreciate any advice

Thanks
Sara

Redx

sorry to disagree, but YES YOU SHOULD complain to the retailers, if you know what was purchased and have the items available, and the approx times they were all purchased, as the retailers will have receipts even if you dont have receipts or bank statements, its also the best way to get charges cancelled as stated many times on parking pranksters blogs , including a recent one

so landowner ideally , but retailers or managing agents or landowners , or all of them , its never too late to do so , neither is popla as an ADR for the court or PPC too

plus under the EA 2010 they are all jointly and severally liable due to a "disabled" lady of maturity and also a very young child , plus PE may not even have locus to bring the charges

ps:- the correct advice was given to somebody else in this recent thread too https://forums.moneysavingexpert.com/discussion/4938807

and this one https://forums.moneysavingexpert.com/discussion/4880174

The_Deep

I should not worry too much This is Parking Eye, the County Court judges appear to be carrying out a vendetta against PE. They are throwing all their cases out of court without letting the people they are tormenting say a word, they just say case dismissed and make them give the other side money.

regalpalms

Thank you for both for replying..

Must admiit they haven't hung about with this one, according to the claim the parking charge was issued on the 24th December 2013

I have until the 12th April to file my defence.. I have a draft and would so appreciate if someone could take a look, do I post it or PM? I'm focusing on the Equality 2010 act as my daughter did actually have to feed the baby. The queue to get out of the retail park at that time was horrendous so we had no option but to park up and feed!

I'm also using the breach of contract defence and the true pre-estimate of loss argument. I'm not sure what else applies to me as I havent had the opportunity to look at the signage - I'm now going to write to the retailers and see what I get from them.

Thanks
Sara

da_rule

In your defence, cite this case: 3JD08399 ParkingEye v Ms X. (Altrincham 17/03/2014)

In it the County Court decided that waiting for a space was not 'parking', therefore waiting to leave the car park would also not be parking.

Coupon-mad

Have sent you a defence. Stay in touch and let me know where this was and your local court please.

regalpalms

Coupon-mad wrote: »

Have sent you a defence. Stay in touch and let me know where this was and your local court please.

Thank you so much- am just about to send. Will keep you posted

Sara

spacey2012

Do you have the parking pranksters guide to defending ?
Almost a drag and drop defence that has born fruit like all best vendettas do.

spacey2012

PS in the meantime, you need to get this right.

This is an additional step, do not stop your defence ! or let them stall you in any way, keep on with the court case !

Send parking Spy a Letter do not write anything silly like without prejudice on it.
Keep it simple, put that you are making them an offer to have this dispute dealt with by ADR - Alternative Dispute Resolution with the offer the outcome be binding on both parties, as you understand POPLA to be the ADR for parking disputes you offer them the opportunity to save the courts time and costs involved in sending a litigant to act for them in court by utilising ADR.

THEN : You must obtain a Certificate of postage. DO NOT send by recorded delivery.

You can then enter a copy of this letter with your defence.
Hopefully they will ignore it.
The judge will be furious if they do !

spacey2012

PS make sure both parties, the court and parking eye know your new address or you are at risk of a default judgement .

regalpalms

spacey2012 wrote: »

PS make sure both parties, the court and parking eye know your new address or you are at risk of a default judgement .

I wrote to PE on the 18th Feb, immediately I received their letter notifying them of my change of address. They wrote to me on the 18th March at my new address - but served the court notice on the 10th March at my old address.

Luckily I got a telephone call to collect as the occupant recognised that it was important otherwise I would have had a judgement against me.

All documents filed by me at the court have my correct address.

I will get on with the other bits now - thanks