Help needed with Defence claim for Parking Eye

hopeful12

I did as was told from the forum replies and have let the court now I will be defending the claim. I am now about to submit the defence form. However, I have been looking through the threads on here to see if anyone had the same circumstances as me, I cant seem to find any ? So help needed again please, basically I have never denied being in the car park at said date and time, what I am disputing is that I did make numerous attempts to pay at the machine, but it kept saying nothing to pay, I even asked an attendant who told me it was nothing to do with him !! So, as I knew I was there or thereabouts time up for the first 2 hours free, I assumed that I must have made it back in time. The machine took my ticket also, as it was a number plate recognition car park. So when I got the fine, I straight away wrote to them and explained the situation. They wrote back and completely ignored anything I had said about the machine, they never even mentioned it. They just sent a photograph with time and date of me entering and leaving. Which as I have said, I have never disputed being there. When I asked them to check the cctv to prove I was at the machine, they simply said they don't have any on the machines as they only need them at point of entering and leaving to capture number plates. Then I appealed with POPLA, beginning to think that they are part of parking eye the amount of appeals they refuse when its obvious they shouldn't be upheld. Which of course they didn't approve, Anyhow, we are were we are now. So any ideas how I lodge my defence based on the above. It would appear what it will boil down to, is their word against mine that I attempted to pay. Oh and it turns out I was 9 minutes late !! Now being charged £175 with court costs, how do they even come up with that amount. Hope someone can help the defence claim has to be with the court for 1st July.

KeithP

Did they really send a photographs of you entering and leaving?
Surely not?

I could believe it if you said they sent photographs of your car entering and leaving - that is understandable.

You now need to edit the whole of your post to avoid giving away clues to the driver''s identity.

There is no place for the word 'I' when describing events on the day. It was the driver that parked the car, etc, but is was the keeper that received a postal PCN.

PPCs are know to trawl forums like this and can use your posts against you.


While you are editing your post, please break it into paragraphs to make it easier to read.
Help others to help you.


What is the date of issue on your claim form?
Have you done the Acknowledgement of Service?

Read post #2 of the NEWBIES FAQ sticky thread to get ideas of what a Defence should look like.
Then post up your draft Defence for critique.

Redx

claim figures including court costs have been explained numerous times on this forum , by people like umkomaas


there is very little that has not been explained previously, so do a search for anything not understood


claims are usually based on the "accepted" figure since 2012 of £100 for the pcn , and £25 to file the court claim, then the court fee and sometimes they add on legal fees (allowed or not)


£175 is a typical court claim for small claims court


their claim is against the KEEPER of the vehicle, the vehicle with a VRM of AB123CDE or whatever, they dont use CCTV and would not be allowed to use CCTV, only ANPR camera pictures and computer registrations if peyment machines are present


read other recent PE defences and adapt one to suit


if the overstay was only 9 minutes, it is covered by the BPA CoP so download it and read that too, especially clause #13 , GRACE PERIODS


reading and research is the key here, not asking for them to do anything beyond their remit