ParkingEye Claim Form Received

Tennessee_Tuxedo

Hi everyone,

First time posting here, although unfortunately not the first time dealing with ParkingEye!

My parents have received a claim form, relating to an overstay in a retail car park, I'm planning to acknowledge service this evening and will draft a defence over the weekend. I have read the newbies thread but would appreciate clarification on a few points.

No PCN has been received, so i assume there is no opportunity for a POPLA appeal?

Similarly no letter before claim has been received, however the claim form makes reference to a 'parking charge issued on [date]' but no copy of this has been received. Is it normal practice to proceed straight to the claim form without issuing the parking charge or letter before claim?

The claim form mentions that 'ParkingEye's ANPR cameras captured the vehicle entering and leaving the car park and overstaying the maximum time'. However no evidence of this is provided with the claim and there is no detail on the length of the alleged overstay. Should ParkingEye have supplied any evidence relating to this, or does that come later in the process?

The claim also states that 'Notice under POFA 2012 has been given under Sch 4, making the keeper liable', however the claim form was the first correspondence received, should any info about the POFA notice have been received before this?

Finally I plan to complain to the store and also the landowner (the car park is on a retail park with a number of stores), are there any issues with doing this whilst I am in the process of submitting a defence?

Any advice would be hugely appreciated and thanks in advance!

[Deleted User]

assume there is no opportunity for a POPLA appeal?

I'm no POPLA expert, but this ship likely sailed ages ago.

Is it normal practice to proceed straight to the claim form without issuing the parking charge or letter before claim?

No. Most common reasons for this occurrence is failing to update DVLA with address details and failure to recognise debt collection letters as that rather than generic junk mail

no evidence of this is provided with the claim

That comes later, but there should be adequate explanation in the particulars. The CPR requires the claimant to set out details of the contract relied upon

should any info about the POFA notice have been received before this?

Yep. Failure to comply with the strict criteria of POFA means there is no transfer of liability, so I suggest you make them prove that.

are there any issues with doing this whilst I am in the process of submitting a defence?

None, but most will run for the hills once proceedings are issued.

Redx

they should have sent an NTK by post to the keeper address they obtained from the dvla, within 14 days of the event , in order for POFA2012 to apply


they usually follow this up with a reminder, then numerous "scary" debt letters, then an LBC and finally and MCOL


I suggest you check that the person whose name is on the MCOL has their V5 up to date and hasnt altered it in the last few years , as letters to the wrong address can cause issues like this (usually when people have not updated their V5C)


PE should have followed new new PaP protocols of oct2017 giving full details of the missing info etc, but evidence is needed later in the process, read the timeline posts by LOC123 and BARGEPOLE - so BOTH is the answer, ie:- before the claim, with the claim , and at evidence stage

might be worth doing a SAR on or after the 25th MAY 2018 when the new "DPA" is in force, to get all those details


one should ALWAYS complain to the landowner or MA, get them on your side, in writing , even at this late stage as they may not be aware that a court case has been started and may not like it or have agreed to it


unless you can persuade a judge to use popla for ADR , then that ship sailed long ago



so double check why all the paperwork has never arrived before now

Tennessee_Tuxedo

Thanks both, really appreciate the quick responses.

I guessed that would be the case with POPLA but thought it was worth checking.

In terms of the PCN and any subsequent correspondence, both parents are adamant that they hadn't received anything before the claim form,they're very thorough with their mail so I can't imagine they would have overlooked anything. I've checked the V5 and the name and address are correct, so I can't see why they wouldn't have received anything. The alleged overstay took place in December 2017 so there's a significant gap between then and them receiving the claim form this week. Would I need to contact ParkingEye directly for proof of any previous letters/PCNs etc, or would I need to include this as part of the defence?

Similarly in terms of the POFA requirements and lack of evidence provided, do I need to contact ParkingEye directly or do I just include details of what hasn't been received in the defence?

I assume that despite the issues above I still need to acknowledge service?

Redx

5 months is not much of a "gap" as PE never hang around

and as its unusual not to recieve any paperwork then this needs further examination as there must be a reason why no paperwork has arrived until now , despite any assurances to the contrary (there was one recently where the wife had binned the paperwork so the husband didnt see it, but it took some digging before admissions were made)

so I find it hard to believe that half a dozen letters did not arrive given that the V5C details are correct and nobody has "moved" in the last 6 months or more

I did tell you to do an SAR on PE after may 25th, or did you miss that part ?


any deficiencies will go into your draft defence, including sparse particulars and lack of paperwork from them , which chould have arrived in the PaP stage like I told you. so this is an additional defence point to make, lack of particulars and not complying with the PaP


so its a case of contact them and insist on those details , using a SAR if necessary, plus you should get them later in the process


yes you need to do the AOS within 14 days , EVERYBODY DOES , that goes without saying as its a golden rule


you really need to get to grips with the timeline posts and that POST #2 in that NEWBIES FAQ


plus you need to read and digest information already given and not be double checking it , because my answer would read like a politician or P.M.


"I REFER THE RIGHT HOUNOURABLE PERSON TO MY PREVIOUS REPLY" , LOL

Tennessee_Tuxedo

Thanks Red, that all makes sense and my apologies I missed the line on the SAR.

I agree on the paperwork, seems strange to me that nothing has been received. My parents are insistent that they haven't received anything and they're not the types to bin anything, so definitely needs more investigation.

I'll get the AOS sorted this weekend and will spend a bit more time familiarising myself with the timeline, so will hopefully be a bit more confident when it comes to drafting a defense.

Hopefully this isn't too stupid a question but would I need to wait for a response from PE on the missing info before submitting a defence, or can I submit the defence and make it clear that I'm awaiting evidence from PE?

Redx

the latter


the defence MUST be submitted before the court deadline , no matter what is missing or not


doing the AOS doubles the defence prep time from 14 days to 28 days


read the MCOL site and the NEWBIES thread post #2 , its all self explanatory , plus the BARGEPOLE timeline and the LOC123 explanation give you what you need to know, which is why we keep referring people back to it


the small claims court has been in existence since 1973 and MCOL centralised it and brought it into the 21st century, but its not new and the rules have been in place for some time


only a MORON would miss filing the defence on time even if they havent got all the facts when they submit it


read other defences with woeful POC details, it didnt stop them going in on time , with caveats in place

Tennessee_Tuxedo

Thanks again, it's all starting to make a lot more sense now!

I've completed the AOS this morning, so will make a start on the defence this weekend and will also request the missing evidence from PE.

In terms of timing, the 28 day prep time takes me up to the 15 June, I'm planning to submit the defense before then but me and my parents are then away between 16 and 23 June, so won't be able to check their mail, or respond to anything during that week. Is it worth mentioning this in the defense?

Redx

I dont think so , as once its been submitted , if the court decides to take it further , you will receive the DQ and so should have time to deal with this on your return

Coupon-mad

No, that time period is not important. No worries.

Tennessee_Tuxedo

Thanks both, that's reassuring. I've got a few days off towards the end of this week so plan to draft a defence then.


In the meantime I'm planning to contact PE to request copies of the PCN, Letter before Claim and the evidence that they are relying on.


I've put together the following, I've based it on some of the letter before claim responses but am not sure if this is the correct approach as a letter before claim wasn't received. I'd really appreciate it if I could have your thoughts on the following:

Dear Sir/Madam

Re: Claim No. [NUMBER]

As the registered keeper of vehicle [REGISTRATION NO], I am in receipt of your county court claim (no.[NUMBER]).

To date a Parking Charge Notice has not been received, I note from the claim that you intend to rely on the provisions of the Protection of Freedoms Act 2012, which states that for liability to be transferred to the registered keeper a Penalty Charge Notice must arrive by day 14 after the alleged offence.

Please provide a copy of the Parking Charge Notice and evidence that this was delivered within the timescales required by the Protection of Freedoms Act 2012.

A Letter Before Claim has also not been received and therefore an assessment of your compliance with the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2 cannot be made.

I require you to comply with your obligations by sending the following information/documents:

1. an explanation of the cause of action
2. whether you are pursuing me as driver or keeper
3. whether you are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. a copy of the contract with the landowner under which they assert authority to bring the claim
6. a copy of any alleged contract with the driver
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font, height at which displayed)
9. If you have added anything on to the original charge, what that represents and how it has been calculated

Your claim indicates that you intend to rely on data captured using an automatic number plate recognition system, therefore please provide the following:

• A copy of your Privacy Impact Assessment for the use of ANPR equipment at the [LOCATION] car park.
• Copies of assessments made in consultation with your clients at the [LOCATION] car park, to establish that ANPR being used 24/7 is the least data-intrusive method of enforcement

If you do not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham& Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on you and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until you have complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for you to issue proceedings.

If you do not provide the requested information then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.