ParkingEye Claim Form Received

Tennessee_Tuxedo

One other (probably stupid!) question - Do I need to send anything along with the defence, such as a covering note, or is the defence statement by itself sufficient?

KeithP

Why not email your Defence?

Once you are satisfied with the content -
1) print your Defence
2) sign it
3) scan the signed document back in and save it as a pdf.
4) send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.

Tennessee_Tuxedo

Thanks Keith, that makes things much easier....and saves me a trip to the post office!

Coupon-mad

does anyone know what the timeframe is likely to be for receiving and returning the Directions Questionnaire? Myself and my parents are on holiday from 16 June to 23 June so just wanted to check that this wouldn't cause any issues.

Only being away for a week is fine. You'd have 2 weeks to return the DQ.

Tennessee_Tuxedo

Thanks Coupon, that's reassuring. I'll get the defence emailed this week and will update the thread when there are any developments.


Thanks for all your help so far guys!

Tennessee_Tuxedo

Afternoon everyone! It's been a while since my last update but in the last few days I've received a copy of the Directions Questionnaire that PE have sent to the court.

I haven't received anything to complete myself yet (just a photocopy of PE's form), would I be right in assuming that I just need to wait until i receive a questionnaire from the court and then complete and return it?

I assume I don't need to do anything with PE's form but just wanted to check I'm not being dim!

Coupon-mad

Yes but you could download one next week from the official court forms online.

Tennessee_Tuxedo

Hi again everyone! I really should get better at keeping this thread up to date!

I've now been allocated a date by the court and have to submit my evidence by 29 September. I've put together a draft witness statement and am working on a skeleton argument to accompany it, I've basically expanded the defence I previously submitted.

In terms of the witness statement, I have drafted the following and would appreciate any feedback anyone could offer.

WITNESS STATEMENT

1. I am [NAME], of [ADDRESS], the defendant in this matter. I will say as follows:

2. I am the registered keeper of vehicle [REGISTRATION].

3. I did not receive a Parking Charge Notice from the Claimant and the first time I was made aware of this matter was when I received the County Court Claim.

4. I submit that, due to the failings of the claimant to adequately explain the grounds on which action is sought, as required by 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), I have been unable to produce a full defence.

5. The claimant has failed to provide the following:

5.1. A copy of the Parking Charge Notice.
5.2. Details of any complaints or appeal procedure against the Parking Charge Notice.
5.3. Evidence of the alleged contract that exists between the claimant and defendant.
5.4. Evidence that the claimant has the authority of the landowner to act as an agent in relation to these matters.
5.5. Evidence that the claimant complied with Information Commissioner's 'Data Protection Code of Practice for Surveillance Cameras and Personal Information' (the ICO Code), when collecting personal information at [CAR PARK]

6. The Claimant failed to comply with the Notice to Keeper obligations of Schedule 4 of the Protection of Freedoms Act 2012 by:

6.1. Failing to serve a Notice to Keeper by day 14 after the alleged offence.
6.2. Failing to afford the registered keeper the opportunity to identify the driver.

7. On DATE and DATE I contacted the Claimant to attempt to establish the full facts of the claim, however to date the Claimant has failed to respond.

9. I invite the court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.


Statement of Truth

I believe that the facts stated in this witness statement are true.

NAME
DATE

Coupon-mad

A WS needs evidence with it, so what is your parent (registered keeper) filing & serving as evidence?

Are either of them suffering from a mobility issue or any medical condition that meets the definition of disability in the Equality Act 2010 (and no, I don't mean do they have a Blue Badge. Even recurrent gout or arthritis or asthma, etc. fit the bill under the law).

Just looking for an angle to argue why thy needed more time - any medical reason at all?

If not, I think they should be arguing that the 'max stay' time imposed by ParkingEye (we know they call the shots, not the retailers) is insufficient for a retail park with xx stores.

Can they go along with several copies of a pre-typed sheet, and get the Store Managers to sign to agree that:

- the time for total stay at this site is in their opinion, too short,

- that they support the PCN being rescinded for these customers, and that

- ParkingEye are causing an issue to lots of customers which they do not agree with,

...and present that as evidence, that would be a good thing to file and serve.

This would have to be pre-typed (don't expect a Store Manager to type the above out as they won't) but maybe presented amicably, after a chat about how unfair it is, as if it's a 'petition' to assist with the defence and the Store Manager might skim read it and say ''yes no problem, I can't stand ParkingEye personally!''

If only ONE Store Manager agrees to sign & date that, then they have added weight, because they can then use it to blow out of the water, any 'legitimate interest' excuse.

Your parents' case is far too similar to the Beavis case for comfort so they MUST distinguish their case in some way and this would be it - kill the 'legitimate interest' excuse (read the Beavis decision to understand why this is vital).

Tennessee_Tuxedo

Thanks for the reply Coupon-mad, I'm not sure if you're confusing my case with someone elses though or if I'm just mis-reading things!

I'm putting together a skeleton defence to go with the witness statement, based around Parking Eye's failure to comply with Notice to Keeper obligations of Schedule 4 of the Protection of Freedoms Act 2012 when attempting to transfer liability to the keeper. The defence statement I've already submitted is on the previous page of this thread.

We've never received a Parking Charge Notice, or any evidence of the claimed incident. The first we were aware of it was when receiving the County Court Claim form, so I haven't based the defence on the time in the car park as I'm not sure exactly what Parking Eye are alleging given they haven't responded to any of my requests so far.

Hope this helps.