Parking Charge Notice and County Court Business Centre

Super_Dad_68

It's my turn to ask for help here. This is with regards to a Private Car Park in Cornwall where my wife out stayed her welcome. The original Parking Charge Notice asks for £100 (discounted to £60 for prompt payment) and states that she parked for 1hr 2 mins. Interestingly there is a slight variation in the times shown on the cctv images and the times stated in the letter, but only by a few seconds. Additionally, I have the original parking ticket which shows that she paid 50p, but only has a purchase time, not an end time. The only information that I can find about the car park tariff shows a charge of £1 for 90 minutes and £2 for all day, so a fine of £100 appears completely unreasonable.
Since the original letter she has received three further letters, the latest being a "County Court Business Centre" claim form for £175!

These have now been passed to me to try and sort out. What is my best course of action?

Thanks

KeithP

Your best course of action is to start by reading post #2 of the NEWBIES FAQ sticky thread.

What is the Date of Issue on the Claim Form?

Are you the named defendant or is that your wife?

Who is the parking company?

Super_Dad_68

22nd October
My wife
ParkingEye

Thanks for your help.

KeithP

Super_Dad_68 wrote: »

22nd October.

With a Claim Issue Date of 22nd October, you have until Monday 12th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 26th November 2018 to file your Defence.

Well over four weeks. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

Is it Tower Road? I think the tariffs change between Summer and Winter.

Search the forum for Tower Road defence and show us your draft based on one we did earlier.

Super_Dad_68

Thanks again, I have done the AOS, I just have to work on the defence now!

Super_Dad_68

The car park in question was Sword in The Stone, Tintagel. Do you have any experience with them?

Coupon-mad

No, but clearly these people did:

https://www.tripadvisor.co.uk/ShowTopic-g186245-i3493-k10830220-Sword_in_the_Stone_Car_Park-Tintagel_Cornwall_England.html

and all these people (see the reams of comments on the right):

https://en.parkopedia.co.uk/parking/carpark/sword_in_stone_car_park/pl34/tintagel/?arriving=201810251630&leaving=201810251830

This Google StreeView shows that in April 2017 it was from 50p:

https://goo.gl/maps/p9wkQRb9Rgm

So it's very possible your wife paid the right amount and is being pursued for the few minutes (maybe 5 or 10 mins on arrival, then 10 at the end) it took to drive in and out. ParkingEye play fast & loose with the BPA mandatory grace periods and pretend there is only one grace period of ten minutes (not true, there are two, one at the start before paying, and one at the end).

Huge lack of signage in that view too. I'd use that in evidence later if I were her, and certainly defend it. Nothing to lose, worst case scenario she might lose but then pays the same or less as the amount of the claim, no CCJ, nowt.

Fight it.

Search (ADVANCED SEARCH, change to show as posts) for grace period ParkingEye defence true and copy one (any car park).

Super_Dad_68

I have reached the "Defence Particulars" section of the online process and would like to insert/attach some images. Copy and paste doesn't appear to do it. Any suggestions?

Thanks

Umkomaas

Are you the named defendant or is that your wife?

My wife

I have done the AOS, I just have to work on the defence now!

In whose name has the AOS been submitted?

I have reached the "Defence Particulars" section of the online process and would like to insert/attach some images. Copy and paste doesn't appear to do it. Any suggestions?

Images don't form part of a defence - they come later in the Witness Statement.

Redx

Super_Dad_68 wrote: »

I have reached the "Defence Particulars" section of the online process and would like to insert/attach some images. Copy and paste doesn't appear to do it. Any suggestions?

Thanks

you dont !! its that simple

STOP

the only thing you are doing ONLINE on the MCOL website is acknowledging the claim by completing the AOS to show that the claim is being defended, which you said had already been done

NO text and NO pictures are uploaded or written on that MCOL site , just acknowledge the claim by following the pictorial walkthrough shown in the NEWBIES thread post #2. NOTHING MORE is to be done online on that MCOL site

your DEFENCE will be done in word or libreoffice and eventually saved as a pdf and EMAILED to the CCBC at Northampton once completed and approved (an attachment to the email) and signed & dated - by your WIFE

the PDF will contain only the defence, no evidence, no pictures, no witness statement, nothing other than the legal arguments that are disputing the claim

you have not understood this process, so STOP, sit down and study it more closely