Fine sent to a previous address what to do

cts_casemod

Coupon-mad wrote: »

Yes parking charges are sent a few days later.

I think I've covered most bases in the defence I drafted for you above. No surprises in those standard Particulars and I've already mentioned the car was not parked in the car park nor seen 'entering and leaving the car park'.

What date is on the court papers? Your wife doesn't have long to put this defence online on MCOL.

Issued on the [STRIKE]6th[/STRIKE].3rd

You did indeed. Technically the charging points are located on the car park rather than the petrol station. But these are marked bays as per post #27 - They are not parking spaces!

I would appreciate if you could also look at the last image on post #27 (zoom in) which is what I have some uncertainly. They mention "By parking or otherwise remaining within this car park"

What are your thoughts on that? I wouldn't necessarily call that 'clearly visible enforcement' - It seems like a backup plan to cover them for lack of clear signage

Coupon-mad

I think that's ambiguous and hope any Judge would agree with the Judge at Banbury last week.

At any hearing (which I still think is unlikely in this case, I think PE may not proceed) you can have as an exhibit printed out, the 'mandatory' rules for 2 hours free parking as set within that DFT Circular from 2008, which is the applicable rule of Government and still stands now. It says 2 hours free parking MUST be allowed at Services and the intention of Parliament is very clear, supported by the warnings 'tiredness kills...take a break'. Maintenance of your vehicle in any activity such as charging it, is not resting. And using that bay, as you say, is not using a 'parking bay' (and indeed parking there is prohibited, not offered at all).

Technically the charging points are located on the car park rather than the petrol station. But these are marked bays as per post #27 - They are not parking spaces!

So I would change the bits about 'not entering the car park' and remove where I've said 'petrol station'. Change it to state 'not in a parking bay' and/or 'the vehicle was only at a charging point where parking is prohibited and not offered'.

cts_casemod

Parking Eye have replied to another e-mail sent earlier asking for the vehicle registration to look into this matter.

The date the claim was issued, as corrected above, is the 3rd of June. How long have I got left?

Coupon-mad

You have 33 days from then so I would say - how about your wife robustly responds this time, (or you in her name using her email) NOW, telling them she WILL get the defence in this weekend unless they confirm the case is withdrawn, by 4pm Friday. And reminding them 'you have no cause of action and the Banbury case PE lost last week will be used in my evidence'. Can she also enclose proof of that day's charging from ECO records, even if you enclosed it last time, shove it in their face?

Give them the VRN, rattle their cage a bit more and set them a deadline. I HAVE done this before and have seen off court claims by being really assertive with evidence as to why they have no cause of action. You have today to send something really assertive in her name - short, sweet but clear that this is not the pushover they want.

No please, no thankyou and no 'kind regards'...

cts_casemod

Coupon-mad wrote: »

You have 33 days from then so I would say - how about your wife robustly responds this time, (or you in her name using her email) NOW, telling them she WILL get the defence in this weekend unless they confirm the case is withdrawn, by 4pm Friday. And reminding them 'you have no cause of action and the Banbury case PE lost last week will be used in my evidence'. Can she also enclose proof of that day's charging from ECO records, even if you enclosed it last time, shove it in their face?

Give them the VRN, rattle their cage a bit more and set them a deadline. I HAVE done this before and have seen off court claims by being really assertive with evidence as to why they have no cause of action. You have today to send something really assertive in her name - short, sweet but clear that this is not the pushover they want.

No please, no thankyou and no 'kind regards'...

Can you please help me with this coupon-mad?

Coupon-mad

OK, link that to your wife's email and reply to their email:


Dear ParkingEye,

You have asked for the VRN which is xxxx xxx and indeed, I can prove that the car was being charged, was not parked and indeed that I was not the driver. We believe it must be this day:

https://twitter.com/CTSCASEMOD/status/641225927138103296

I am aware of the statutory rules set by the Government which makes it 'mandatory' that drivers are allowed 2 hours free 'parking' in Services car parking spaces, to rest. DfT circular 01/2008 (April 2008) for Roadside Services includes this regulation: ''Free parking for up to 2 hours. Subsequent payment for parking must be possible as an on-site cash transaction''.

Yet this car was not parked nor subject to any tariff nor obligation to leave when not fully charged - so you have no cause of action; clearly your ANPR cameras are catching drivers who use the charging point, where parking is not offered. There can be no contract nor licence that could be compared to the decision in 'ParkingEye v Beavis' and certainly there is an absence of any legitimate interest.

I have worked on my defence and will be finalising and submitting it within 48 hours if you do not withdraw the claim and show me proof of your withdrawal.

The above Government circular and a copy of the comparable Banbury case ParkingEye lost regarding Peartree Services last week (ParkingEye vs Mrs Janice Rowan, C4FC524M at Banbury on 21/06/2016) will be included in my exhibits, along with photos of the nearest sign prohibiting parking (not offering it under contract/licence) and a copy of that Tweet. The driver of the car will also attend as my witness, should you be so unreasonable as to pursue this matter to a hearing.

I expect to hear from you no later than 4pm tomorrow (Friday) if you are now deciding to withdraw this claim under the circumstances as I believe you have no prospects of success.

I will require proof that you have contacted the court and secondly, your written confirmation, in accordance with the Data Protection Act, that you have removed/will remove immediately from your storage and systems, my data and that of the vehicle and all previous emails from myself and my husband about this matter. You can consider this to be a section 10 request under the DPA. I have explained why you have no cause to process my data further.

In the absence of your email response by 4pm Friday 1st July, I will work on and submit my defence. I will also note my time and expenses, plus those of my witness, at the LIP rate of £19 per hour for dealing with this unreasonable and vexatious claim from this point on.

yours faithfully,

{wife's name}

cts_casemod

Thank you very much for this.

Coupon-mad

Let us know by tomorrow night if they've gone! Your Tweet might be the best Tweet you ever twittered!

cts_casemod

To date, nothing received from PE, guess they are really busy :rotfl:

Coupon-mad

OK so defence it is then!