Help needed county court / parking eye

m.a.n.u.

Hello.

Thank you for your time taken to read this post and also any help.

I've read through your FAQ and i am still unsure the correct process as i have got a county court letter.



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I got a parking eye notice in the post back in DEC 2017.

I made the full payment over the automated phone line but missed the 1st letter of my registration number.( i have proof of text message)

I got to the car park at 15.42 and left at 17.54


i called the automated line and payment was not being processed as i found that my card on parking eye system was expired.


I made the payment with my new card but the process took a lot longer.

I made the payment for 2 hours (4pm - 6pm).

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I sent a appeal to parking eye with all my evidence. but i got this response.

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Reference: Parking Charge Notice - *********
POPLA Ref: **********
Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking Charge incurred on **
December 2017 at 17:54, at Britannia Bloom Street, Manchester,M1 3LA car park.
We are writing to advise you that your recent appeal has been unsuccessful and that you
have now reached the end of our internal appeals procedure. Our records show that
insufficient time was paid for on the date of the parking event. Please be advised:
!!!61623; There is an independent appeals service (POPLA) which is available to motorists
who have had an appeal rejected by a British Parking Association Approved
Operator. Contact information and further information can be found enclosed. See
also popla
!!!61623; As a gesture of goodwill, we have extended the discount period for a further 14
days from the date of this correspondence. If you appeal to POPLA and your
appeal is unsuccessful you will not be able to pay the discounted amount in
settlement of the Parking Charge, you will be liable to pay the full amount. If you
have already paid the reduced amount, the Parking Charge will be increased to
the full amount and you will be liable to pay this increase.
!!!61623; By law we are also required to inform you that Ombudsman Services
ombudsman-services. provides an alternative dispute resolution
service that would be competent to deal with your appeal. However, we have not
chosen to participate in their alternative dispute resolution service. As such should
you wish to appeal then you must do so to POPLA, as explained above.
A payment can be made by telephoning our offices on 0330 555 4444 or by visiting
parkingeye or by posting a cheque or postal order to ParkingEye, PO Box
565, Chorley, PR6 6HT.
Yours faithfully,
ParkingEye Team


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i then sent an email to popla and i got this response.


POPLA

Assessor summary of operator case
The operator has issued the Parking Charge Notice (PCN) due to “either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted".

Assessor summary of your case
The appellant’s case is that the payment machine only accepted change whereas he only had notes, so he used the pay by phone service. The appellant explains that he struggled to complete this as he had an expired card saved on the account, and took a few attempts to call through to fix this. The appellant says that he stayed within the car park until he made payment, and feels the charge is unreasonable due to the difficulty he faced making payment. The appellant has provided evidence of the attempts to make payment.

Assessor supporting rational for decision
When entering onto a private car park, the motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage at the site sets out the terms and conditions of this contract. Therefore, upon entry to the car park, it is the duty of the motorist to review the terms and conditions, and comply with them, when deciding to park. The operator has provided photographic evidence of the signage that states, “Parking Tariffs Apply… How to pay… your full, correct vehicle registration will be required… Failure to comply with the terms and conditions will result in a Parking Charge of: £100”. The operator has provided photographic evidence of the appellant’s vehicle, entering the car park at 15:42, and exiting at 17:54, totalling a stay of two hours and 12 minutes. The operator has provided evidence to demonstrate that the appellant did not make a valid payment to park. While I note the appellant feels that he did make a payment, the evidence provided shows that he did not make any valid payment to park. The text message he has provided shows that he did not enter his full and correct vehicle registration, and so the payment has not been made against his vehicle. The site operates Automatic Number Plate Recognition (ANPR) cameras, which capture vehicles entering and exiting the site to calculate the time a vehicle has remained in the car park. This ANPR data captured is then compared with the online transaction record, and if there is not a payment located against the correct vehicle registration, a PCN is issued. While I appreciate that the appellant has demonstrated the intention to make a valid payment, by failing to enter the full and correct vehicle registration, the parking ticket is invalid for the appellant’s vehicle to park. Ultimately, it is the motorist’s responsibility to comply with the terms and conditions of the car park. Upon consideration of the evidence, the appellant failed to make a valid payment to park, and therefore did not comply with the terms and conditions of the car park. As such, I conclude that the PCN has been issued correctly. Accordingly, I must refuse this appeal.


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I have got a county court letter

Particulars of Claim

“Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, issued 22/12/2017, for parking on private land in breach of the terms and conditions (the contract). ParkingEye's automated number plate recognition system, monitoring .................................captured vehicle*****
entering and leaving the car park, parking without purchasing a valid paid parking ticket.


The signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by ParkingEye Ltd, and is a paid parking site, along with other 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.

The defendant previously had thier appeal rejected by POPLA

They are claiming £100 plus £25 court fee plus £50 costs. £175.

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I need to respond to the county court online and make a defence.

Do i select AOS for now?.

or counterclaim due to the fact parking eye are wasting my time when i have paid for the parking and all of this has give me so much stress and worry especially this county court letter.



Thank you all for the feedback

Umkomaas

Please read the NEWBIES FAQ sticky, post #2 which gives you all the information you need to take you through the full court process.

As a minimum you must send in the AOS within the first 14 days (put nothing in the defence box at this stage), to gain you a further 14 days to develop your defence. In total you have up to 33 days available from the 'Date of Issue' shown on the N1 claim form.

The sticky has a pictorial description to help you with this early stage.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

m.a.n.u.

I have submitted the AOL and i have only 7 more days left to submit my defence.

County court sent a letter to my address but missed my flat number out therefore i did not get the post till last week.

KeithP

What is the Date of Issue on your Claim Form?

On what date did you do the Acknowledgement of Service?

Fruitcake

m.a.n.u. wrote: »

I have submitted the AOL and i have only 7 more days left to submit my defence.

County court sent a letter to my address but missed my flat number out therefore i did not get the post till last week.

Contact the court to complain. Due to their mistake you now have less time to defend than you should and are thus at a disadvantage.

m.a.n.u.

m.a.n.u. wrote: »

I have submitted the AOL and i have only 7 more days left to submit my defence.

County court sent a letter to my address but missed my flat number out therefore i did not get the post till last week.

!6 JULY 2018 was date of issue but i only got the letter a few days ago.

I submitted the aol on on 10th of aug

I called the county court who said i would need to pay £100 to extend this.

Any links that is relevant to my case so i can start to make a defence.

Quentin

From the dates you give the AOS was submitted too late.

You get 14 days from date of service

If the claimant is on the ball they can now ask for a default judgment!

Get a defence in today!

The_Deep

I called the county court who said i would need to pay £100 to extend this.

If The Court Service was late in sending out paperwork, and now insist that you pay £100 to remedy the matter I would make a formal complaint in writing.

https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure to them.

m.a.n.u.

Can anyone help me with links to write a defence.

thank you

Coupon-mad

No, you need to read the NEWBIES thread 2nd post. No link needed.

Or search (Advanced) ParkingEye defence claim and change to 'show results as posts'