Parking Eye county court claim form - advice on specific point

wearesound

My wife has received a County Court Claims form from parking eye after they claim a valid ticket was not displayed at the Priory car park in Worksop.

Thing is, a valid ticket was displayed in our car. As we pulled into a parking space a lady returning to the car opposite us kindly gave us her ticket which was still valid for an hour and three quarters as she had only used it for 15 mins.

This car park has a pay and display machine whereby you must put your registration number into the machine when paying for a ticket. This must be linked to the camera system to determine whether or not you have payed. There are no actual parking attendants to check if you are displaying a ticket.

Of course the problem is, we do not have that parking ticket - it was thrown out before we got the first letter so it is our word against the camera images of us arriving and leaving the car park - though surely there should be a burden of proof on them to prove a valid ticket was not being displayed.

I am furious that they can do this when there has been no actual offence, and a random act of kindness can turn into a nightmare.

The first letter was sent on 22/08/14 followed by a second and third letter on 31/8/14 and 25/9/14. Finally we received a letter before county court claim on 10 October. All letters were ignored.

The County court claim form was issued on the 3rd November. We intend on defending against, with the hope the case will be dropped or settled, but I am not giving the £175 now (as the court papers demand) when we have (for once ) actually not done anything wrong!

I have read the newbies thread, and quite a few others, along with Parking Pranksters guide, however have seen nothing written about this kind of pay and display machine.

Has anybody got any experience or advice for a defence statement regarding this type of pay and display machine?

The_Slithy_Tove

The legal arguments are the same, regardless of the circumstances. Just follow the PP's guide, citing all the normal defence points. Remember, it's not about what happened on the day. It's about challenging the entire basis of their charge, and their ability to pursue it.

Coupon-mad

Thing is, a valid ticket was displayed in our car.

No it wasn't!
Money Moral Dilemma: Is it OK to use other people's leftover parking time?

Hmmmm...not so squeaky clean then (BUT I am NOT saying to pay PE!!).

As we pulled into a parking space a lady returning to the car opposite us kindly gave us her ticket which was still valid for an hour and three quarters as she had only used it for 15 mins.This car park has a pay and display machine whereby you must put your registration number into the machine when paying for a ticket. This must be linked to the camera system to determine whether or not you have payed. There are no actual parking attendants to check if you are displaying a ticket.
Of course the problem is, we do not have that parking ticket - it was thrown out before we got the first letter so it is our word against the camera images...

Oh I do hope you are not planning to write all that in the defence...utterly unhelpful to your case and dumps the driver in it, makes admissions of arguable 'wrongdoing', etc. Hopeless. Sorry.

So start again here:

http://forums.moneysavingexpert.com/showpost.php?p=64350600&postcount=5

Read every link and the keeper should be defending (not the driver) and using proper defence points as shown there. Play your cards right and get it steered to being 'stayed' for the Beavis outcome and there won't even be a hearing. If you have no idea about the Beavis case, let's just say it's fundamental to your defence and PE's own case - so get reading.

gertysingh

If you wanted to confirm that you had actually breached the parking ticket - go get one and check if it says it is non-transferable.

Anyhow lesson learned - never ignore court papers and read/digest the info CM has given you to help you put in a good defence