Parking Eye, Tower Road

cinders09

Hi,

Before anyone shouts, my deadline for posting my defence is today.

I know this will exasperate many users on here, without going into my personal life, I've got where I am now and would really appreciate any help.

I've had 20 pages of threads open, for the past week, my head hurts a lot, literally had a headache for week because of a cold and just can't quite get to grips with what to write in my defence.


I still have my parking ticket receipt

I've seen that my case should detail "signage" "contract" "registered keeper" (I actually am the registered keeper but I wasn't driving that day.

I see lots telling me to quote cases such as Beavis etc but I'm still lost.

I did get a letter before court but I didn't act on it as I was just playing the long game of ignoring all the letters, which I have done before and nothing comes of them.

I acknowledged service in time, but my defence deadline has to be in the post at 5.30pm today.

Sorry

bergkamp

You have read this obviously;

https://forums.moneysavingexpert.com/discussion/4816822

And as you've been working on it all week, then post up what you have to give the regulars something
to work on in the 2 hrs you have given them....

KeithP

You can email your defence.
That'll give you a couple of extra days.

You've got all weekend at least to prepare it.

What date is your defence actually due? Monday, Tuesday, Wednesday?

Umkomaas

Are PE really taking a Tower Road case to court?

cinders09

Bergkemp

Thats the point I have nothing, what I have is a mishmash of copy and pasted information from many many threads, which doesn't make any sense,

I understand that this can't be done for me, but I really am lost as to what to write.

KeithP

Its due on Monday

Umkomaas

I have seen that quote on this site many many times, I totally agree.

I actually thought they wouldn't go as far as court.

KeithP

cinders09 wrote: »

Its due on Monday

Then you have until 4:30pm on Monday to email it to: ccbcaq@hmcts.gsi.gov.uk

What is the date on your claim form?

Umkomaas

Here are a couple of rather old links that may be a bit closer to the mark than what you’ve so far found, you might get the odd bit from them.

There are some links to specimen defences in the NEWBIES FAQ sticky, post #2, so you could use those as a framework, then adjust them with anything Tower Road specific you find from my links below or from other links you’ve been reading:

https://forums.moneysavingexpert.com/discussion/5405923

https://forums.moneysavingexpert.com/discussion/4908490

Redx

got the same cold myself , my sympathies

you do realise this should have been appealed and gone to POPLA long ago ?

so the defence will use the usual similar reasons too (as popla)

does the alleged overstay fall within the BPA CoP grace periods ?

did the NTK arrive by day 15 or was it late ?

does the NTK mention the 29 day POFA2012 paragraph ?

are they trying to hold the keeper liable under POFA2012 ?

cinders09

KeithP

The date on the form is 6th of November, I assume the 5 of service include the weekend making today the 28th day, making me out of time to get a defence together, I assume if I file some half baked defence they will win in court. This one being a case of life getting in the way of challenging a rubbish, unfair and unjust system, that literally spoils peoples lives and holidays.

Umkomaas

Yes I read the newbies thread, I understand the process its the defence I just can't seem to put together.


Redx

Thank you, this 4 day headache is not going anywhere fast. I hope yours has passed.

Nope I didn't realise I should have appealed POPLA

We purchased the ticket at 14.48 paid £3.00 (I actually wasn't driving)

The PCN says I arrived at 14.45 and left at 17.28

The date on the PCN is 23/08/17

I parked there on 18.08.17 I have no idea if the PCN arrived on the date of the letter.

Yes the POFA2012 is on the back on the back of the PCN

Yes they are going for Keeper Liability I think, I will list the "Particulars of Claim

"Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, issued 26/08/17, for parking on private land in breach of the terms and conditions (the contract). ParkingEye's automated number plate recognition system, monitoring Tower Road, Newquay, Tower Road, Town Centre, Newquay. TR7 1LX, capturing vehicle ******** entering and leaving he car park, parking without a valid paid parking ticket. The signage, clearly displayed at the entrance to and throughout the car park, states that this is a private land, is managed by PakingEye Ltd, and is a paid parking site, along with others T+C's by which those who park on site agree to be bound. In accordance with the T+C's set out in the signage, the Parking Charge became payable, Notice under the Protection of Freedom Act 2012 has been given under Sch 4, making the keeper liable. The claim is in reference to Parking Charge(s) ********

Coupon-mad

How much was the overstay then, what did £3 pay for?

KeithP

cinders09 wrote: »

The date on the form is 6th of November, I assume the 5 of service include the weekend making today the 28th day, making me out of time to get a defence together...

I think the 'five days' is five working days. Perhaps someone can confirm.

If that's the case, then by my calculation, your last day for filing a defence is indeed Monday 11 December.