ParkingEye County Court

Spondon_Owl

Hi all,

Apologies for this post; I had not read the advice reference private parking tickets fully and now find myself in somewhat of a pickle.

A few months back my local football pitches (DW Sports) began using ParkingEye to "police" parking outside their premises; somewhat understandable given that they are right outside Pride Park football stadium. The limit they set was 2 hours per stay.

I was unaware this was the case when I went to play football a few months; I did not see any signage but I do not have any proof that there wasn't any. I played my first game, then played a second game. The first game is a casual kick about with a few lads from work (1 hour duration), the second is a regular league game (~1 hour duration). All in all i was 20-30 minutes over 2 hours by the time i had left; accounting for changing times etc.

I received a notice from ParkingEye stating that i had to pay them an inordinate amount of money. This was ignored as was all subsequent communication.

Low and behold i now have a county court claim against me. My 'defence' was going to be:

I have proof i was playing football and thereby a paying customer of DW Sports for the duration of my parking outside. As a result DW Sports, nor ParkingEye have incurred any cost to my parking beyond the allocated 2 hours.

Is this a suitable defence?

Redx

no , definitely not, I guarantee you will lose with a defence like that as its really a statement , not a defence and has no legal paragraphs based on laws etc plus they will cite the Beavis case from 12 months ago to rebut the "not a gpeol" aspect too

read the NEWBIES sticky thread, court sub-section, and especially read the bargepole links where he outlines the basics

also read the parking prankster court guide too

then read maybe 10 to 20 other court case threads from this year (2016) to get some idea of a defence etc

Coupon-mad

PhilHD wrote: »

I have proof i was playing football and thereby a paying customer of DW Sports for the duration of my parking outside. As a result DW Sports, nor ParkingEye have incurred any cost to my parking beyond the allocated 2 hours.

Is this a suitable defence?

No, you will lose. We are not saying losing is inevitable with any defence, just with the above useless defence!

Please read the NEWBIES thread over the weekend.

Then come back once you've read the specific advice under 'small claim?' and reassure us that you have acknowledged the claim on MCOL using the password but leaving the defence box blank.

And tell us whether the PCN was one which said the keeper was liable under the POFA 2012 (see the NEWBIES thread post #3 for an example of a PE PCn that does NOT say that and which is the better type to defend).

I wish you hadn't ignored this! Eeeek!

Spondon_Owl

Ok so my defence would not have been those words and having done a little bit of research i realise that this would have been no defence at all really. In terms of parking charge notices the POFA states:

The notice must be given—

(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and

(b)while the vehicle is stationary,

by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

Am i mistinterpreting this as a requirement to affix something to my vehicle? Nothing was affixed to my vehicle; i only received notice weeks after the event.

beamerguy

PhilHD wrote: »

Ok so my defence would not have been those words and having done a little bit of research i realise that this would have been no defence at all really. In terms of parking charge notices the POFA states:

The notice must be given—

(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and

(b)while the vehicle is stationary,

by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

Am i mistinterpreting this as a requirement to affix something to my vehicle? Nothing was affixed to my vehicle; i only received notice weeks after the event.

I would strongly advise to listen and accept the advice of coupon-mad

Fruitcake

The section you are quoting is for a windscreen ticket. Where ANPR is used, there is a different section that applies.
What we are looking for is whether your NTK has a paragraph that begins, after 29 days ...
or whether there is a blank area that looks like some wording is missing.

In other words, has the NTK met the requirements of the POFA 2012 where ANPR is used?

What happened when you asked the landowner to cancel this?

Spondon_Owl

As a minor update i contacted the owners of the complex and they have emailed ParkinEye on two occassions to request that this county court claim be cancelled. Low and behold ParkingEye are yet to respond.

Coupon-mad

PhilHD wrote: »

As a minor update i contacted the owners of the complex and they have emailed ParkinEye on two occassions to request that this county court claim be cancelled. Low and behold ParkingEye are yet to respond.

That will NOT happen unless you - or someone - pays, say £60 to get them to drop it...if PE agree. They usually do.

Show us your defence. We will assist in making it stronger.

We assume you have done the AoS online to buy yourself the full 28 days from service of the court papers.