Claim form -parkingeye

olliedog123

Hi
I have spent days trawling through the 'NEWBIES` but am really confused as to what I claim my defence to be. If somebody could just point me in the right direction I would be so grateful.
The history - Approximately two weeks after parking at Tower Road, Newquay, a parking ticket (did not keep it so not sure of official document name) arrived. As a parking ticket had been purchased, displayed and the driver and occupants had exited the car park within the paid for time, I politely wrote to Parkingeye informing them that they had made an error and that no 'offence' had been committed. A couple of weeks later Parkingeye requested proof of ticket purchase. I no longer had the ticket so could not oblige. Slightly worried, I researched Parkingeye on line and also the parking location. I found loads of postings telling of unscrupulous behaviour at that sight including a post that said that Parkingeye had been removed from Fiscal beach site. I genuinely thought that it was a scam and didn't reply. I received a further 2 letters which I ignored ( a number of posts said that letters would cease after about the 4th and that PE issued thousands weekly relying on many people to just pay up without question). I then received a claim form from the County Court Business Centre which prompted me to research further and found that I really should have acted earlier. I have acknowledged and returned the claim form and now realise that I have to prepare a defence. The claim form states that the car was parked without a valid paid ticket and was captured entering and exiting the car park by their ANPR system. A ticket WAS purchased and displayed. Do not know what the confusion is but can only summise that either no car registration number was typed in at ticket machine, or incorrect number inserted or that the driver purchased ticket from wrong ticket machine (looking at google maps there is another car park almost alongside the Tower Road carpark). As we are some 5 hours drive away, it is difficult for us to know if the last point is a real possibility. I intend to ask Parkingeye if they can provide me with a copy of the ticket print out for relevant time slot from the ticket machines. Don't really know what to state as my defence or if I have even got one. I may just need to act now to limit costs? I am prepared to find all the information on the forum if somebody could just point me in the right direction first. I have read a number of arguments but am quite confused by it all.
Thanks

System

Drop a line to Ivor PECheque who has some detail of the site but you put in an outline defence of each and every point you want to raise but without going into detail. You can do that at a later stage.

Your points are

1. As a parking ticket had been purchased, displayed and the driver and occupants had exited the car park within the paid for time,

2. You refute "the claim form states that the car was parked without a valid paid ticket and was captured entering and exiting the car park by their ANPR system"

3. You state that ANPR systems are known to be faulty such as

* double dips
* Mean time between failures (MTBF) of 40 weeks which drops to 10 weeks in a salty air atmosphere.
* PE have or can produce engineering reports to prove the machine was faulty that day and you request the court that they produce it.

....etc.

Redx

post #1 of the NEWBIES sticky thread tells you about court cases, defences and parking pranksters court claim book too

Coupon-mad

A ticket WAS purchased and displayed. Do not know what the confusion is but can only summise that either no car registration number was typed in at ticket machine, or incorrect number inserted or that the driver purchased ticket from wrong ticket machine (looking at google maps there is another car park almost alongside the Tower Road carpark).

If you kept the PCN, have another look. Most likely they've unfairly accused you of overstaying because they've unexpectedly used their normal sharp practice, to time you from arrival to driving out instead of the time on the P&D ticket. People are often accused of this even when they left within the time on the P&D ticket. Terrible isn't it?

Search this forum for 'Tower Road' because there have been POPLA appeals arguing this in detail which might assist you to see what's happened. I realise you have missed POPLA stage (you'd have won, if you'd come here) but you need to read what's been used before to argue against Tower Rd PCNs. You can include the same arguments in a defence. Also IvorPECheque took photos of the signs at my request and posted them here in a thread just 3 months ago. Easily found by searching the forum, no links. Search.

And then read the NEWBIES thread, bottom of the first post, all the links about small claims there will help you.

You need to acknowledge the claim within 14 days but leave the defence box BLANK, which then buys you another 14 days to submit a defence. By then you will have done enough reading to know what to put in a first defence argument (bullet points and short paragraphs, show us first in case you miss anything).