Parking Eye County Court Claim Form

darchas

Hi everyone,

First post here, spent some time reading through older threads but was hoping for some advice on this one please.

I received a parking fine from Parking Eye for overstaying in a service station car park for 30 minutes (maximum free time was 2 hours). I was meeting someone at the Services and we had something to eat and drink which ended up taking me over the time. I will admit that it didn't cross my mind that there would be a time limit on a service station - it's not really as if you can go anywhere else, and the whole point of the place is to be able to stop for a rest!

Anyway, I was a bit disgruntled by the charge. I didn't appeal through POPLA as, in truth, I didn't feel like I had a case. The signs were clear, I just didn't notice them, and I did indeed overstay. My gripe was more that I had paid to use the service station's services and now had a £100 charge. I understand enforcing parking time limits in a town centre supermarket to stop people abusing the car park by parking there and going on to work etc, but in a service station it felt like a blatant rip off - the car park is never anywhere near full, and I don't see how people can abuse the free parking as there's nowhere to go, being in the middle of a motorway!

So I emailed the customer service centre for the service station in the hope that they would get it cancelled. I didn't receive a response, and when I received my next Parking Eye letter, I emailed a different address directing this to their management team.

I didn't hear anything for a bit so thought that it had indeed been cancelled. Now though I have a County Court Claim form from Parking Eye dated the 31st October. I now owe £175! I am really loathe to pay this amount and feel like making it as hard as possible for Parking Eye to take this money from me.

I am not sure of the best way to proceed and so any advice would be appreciated.

On the threads I have read the advice is to file an acknowledgement of service, while preparing a defence to be sent in within 28 days. My trouble is I really don't feel I have a defence! I did overstay, it was during the day so, if he had been more observant, or had been expecting parking charges, I would've seen the signs. I just feel the charge is ridiculous considering it's a service station and, to my mind, I used it for what it's for! Obviously though this isn't a legal defence!

What do you think? Do I need to pay the £175 at this stage? Or could I continue to make it a bit difficult for PE by prolonging this further? Could I submit some sort of defence while taking this up once again with the service station?

Any advice would be much appreciated!

Thank you

nosferatu1001

Acknowledge anyway
You can always settle, but the AoS gives you more time.

darchas

Hi Nosferatu

Thanks for your reply. If I acknowledge though does that mean I'll also need to submit a defence? I would lile to buy some more time to give me chance to follow up with the Service Station again, but I'm worried that I'll have to submit a defence and I'm not sure I could come up with anything that would stand up.

Thanks

nosferatu1001

If you fail to acknowledge, 14 days from service of the claim form the claimant can ask for default judgement if you dont enter a defence

IF you acknowledge, that deadline is 28 days

Acjnowledging gives you the extra time you need. Hence why we told you to do it. Failing to acknowledge is a bad idea.

darchas

Thank you.Yes, I will acknowledge, I have spent sometime this afternoon going through the sticky threads and understanding in a bit more detail what actually follows the Court Claim document.

The thing I am struggling with, is all the examples seem to have very valid reasons for defence. In my case I did overstay, I just feel a bit hard done by and would like to make it as difficult for them as I can.

I am happy to acknowledge and to say that I intend to defend the claim, but I'm worried that I haven't actually got any defence! Is there anything here that is worth defending would you say?

Thanks

darchas

Ok, I have completed my acknowledgement and ticked that I intend to defend.

I have been looking through the defences on the site and so far they all seem to have very legitimate grounds for defence. I'm really not sure where I would begin with mine. Any help would be appreciated.

Thanks for your time

nosferatu1001

So why are you looking at the details when you have all the other usual points?
Signage
Standing
Amount is a penalty not saved by the BEAVIS case

Have you actually understood the other defence points, or just assumed they didn’t apply?

darchas

Thanks again for taking the time to reply. Yes, I assumed those points didn't apply - my case seems a lot more cut and dried than the ones I've read and I've not seen any avenues to challenge yet.

I will keep reading though - it's been an education so far!

Redx

to assume makes an @SS of U and ME , never heard of that ?

there are several legal arguments for your defence , of which the above are just a few that apply to almost everybody

SIGNAGE - always (very few signs are compliant)
NO LOCUS STANDII (no contract) - always (prove it existed)
NO CONTRACT with defendant - always (ie:- prove it existed)
not the same as BEAVIS - can apply to most cases

if in doubt , put them in and ask about relevance

then the red pen can be wheeled out and alternatives , additions and omissions suggested

you need to draft the defence , post it on here , wait for comments and critique

until it can be seen , few people will bother to second guess it

if you read my comments in post #4 of this court claim thread , you will see why

https://forums.moneysavingexpert.com/discussion/5737744

ps:- and dont read OLDER threads, read anything in the last 3 months , especially since 01 oct 2017

and post #2 of the NEWBIES sticky thread, including the links in there

Coupon-mad

Being in a Service Station area for 30 mins over the two hours STATUTORY MINIMUM* free parking can be argued to be the time to drive in, go to the petrol station area first, get fuel, water, put air in the tyres and adjust any bags and belongings or load in the car, then the time taken to drive through into the actual car park, by which time the car stops, the driver reads the sign (if they even see one, as they are not prominent!) then the driver decides to stay after that period of observation, and parks for JUST TWO HOURS. And at the end of that parked time, PE MUST also have allowed at least 10 minutes grace at the end to leave.

So, your defence can suggest that in fact the car was only actually parked in the parking area for the statutory minimum free allowed time of two hours, and the other minutes were explained by 'observation period' (5 -10 mins, according to Kelvin Reynolds of the BPA*) and 'grace period' (at least ten mins, as a minimum) and time taken in non-parking activity in a petrol station, as you do.

You also need the usual other things you find in other PE defences that have gone before.



*https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/237412/dft-circular-strategic-road.pdf

**http://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

darchas

Thank you @RedX and @Coupon-mad for your help, I really appreciate it.

I will get working on my defense and will post it here.

Thanks again.