Parking Eye PCN at Court Stage

bighof

Advice please, just joined ......
P Eye sent notice to me as Reg Keeper but no address for car park or ANPR evidence. Have written three times but no evidence forthcoming. Did not use POPLA because had no info on allegation.
Now got Court Claim which does give address of car park.
Have sent belated appeal to POPLA but don't know if they will allow. Have to sent defence to Court this week.
Did not park car , entered site turned car read signage and left after a few minutes...How many minutes allowed to decide whether to accept " contract". I can relate what happened but may need some "legal advice", HELP.

ColliesCarer

Hi bighof,

Have you acknowledged the claim and said you intend to defend in full - if not you need to do so asap - you must acknowledge within 14 days otherwise a default judgement could be entered against you.

Once you have acknowledged it you will have 28 days from date of service to submit your defence.

Good place to start to get your head around drafting your defence is by reading post #5 of the NEWBIES sticky thread - 1st thread on 1st page of this forum- and following the advice there.

Would suggest you also post on pepipoo forum as there are posters there too experienced in helping people defend a claim.

Your POPLA appeal will not be accepted unless the P E recently issued you with a valid code - POPLA codes are time limited and an appeal must be submitted within 28 days of the code being generated.

Regarding Grace periods there is no specific amount of time required by the BPA Code of Practise which merely states:

13 grace periods

13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.

13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.

13.3 You should be prepared to tell us the specific grace period
at a site if our compliance team or our agents ask what it is.

13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action.

Coupon-mad

As CC said really, and when you read post #5 of the NEWBIES thread (ONLY post #5!), have a look for the case won by IvorPECheque at Fistral beach earlier this year, it's in one of the links of cases won. You need that in your defence exhibits later on, unless you can, later on once allocated locally, get the case stayed for POPLA instead (also covered in post #5 of the sticky).

bighof

Thanks for your replies, I,ve acknowledged the Court Claim and have to get my defence post in by next Monday, when I go on holiday.....great!
Back on the computer now trying to sort submission. I need it to be more point of law than emotional... Again thanks for guide got a lot of reading to do now

Coupon-mad

You could send a basic defence for now, as shown in the NEWBIES thread post #5 and even the Prankster has a 'short version' of an initial defence that he suggests you can use if pushed for time. Because later on, if you can't get the case stayed for POPLA instead, you will get a hearing date and will then get to submit your full defence to the claimant and the local court and that's the one with all the details and exhibits.

bighof

Thanks lads.....adapted a skeleton defence and got it to Court today with 6 days to deadline. The defence is restricted to 122 lines so had to chop a bit to fit. Now understand the process better and that I have to pull a pretty big folder together for a local court ( thought I was going to Northampton ! ). Now getting concerned about defending myself in court so advice on "voluntary helpers" would be great. Steep learning curve, but determined to win. My next step is to ask PEye for evidence they intend to rely on. Part of my defence is that despite three written requests they failed to provide the address of the car park, or any photo evidence to me the registered keeper consequently I did not go to POPLA. I pointed this out to the court that PEye had escalated to Court and denied me POPLA...........hope this may end in stay and referral to POPLA. Will keep updating in case it helps others. cheers for help!
Bighof

Fruitcake

bighof wrote: »

Thanks lads.....

... and Ladies.

Redx

firstly, some of the helpers who replied are ladies , not lads

suggest you name the local court if you expect anybody to help in that regard (your county doesnt quite cut it)