Parking Eye County Court Notice

Hetfield

Hi all,

My wife has been sent a letter from Parking Eye notifying her of a County Court Claim against her for overstaying her stay in a Home Bargains car park.

Unfortunately she hasn't flagged any of the previous letters to me, and listened to her dad's advice of 'ignore them, they'll go away' 🙄.

She's not denying she's overstayed, and the date is from July, so she can't remember any details of that day, so I'm not sure if there is much we can do?

My main query is that the letter has been addressed in her maiden name, we've been married for 5 years and her driving licence is in her married name, so do this give us any grounds at all?

Appreciate any help you guys can offer.

Thanks.

Coupon-mad

I don't understand why you call it a letter from Parking Eye, if it's not a court claim form, from the CCBC at Northampton, what is it?

If it's a Letter BEFORE Claim then she can email PE's enforcement team and complain to the retailer and get it cancelled before the claim.

My main query is that the letter has been addressed in her maiden name, we've been married for 5 years and her driving licence is in her married name, so do this give us any grounds at all?

No. Why do you think her driving licence has anything to do with it? Sounds like she's had the car since before you married and she's never told the DVLA to change her name as owner, on the V5C (nothing to do with any driving licence change she did).

Hetfield

It is a County Court Claim Form from Northampton. Apologies for the confusion. Is there anything that can be done, or is she going to have to foot the bill?

Thanks.

Quentin

The name issue is irrelevant

Read up on this in the newbies FAQ thread near the top of the forum

#2 there covers Court claims and how to defend them

KeithP

Please tell us the Date of Issue on the Claim Form?

The car involved... did your wife own it before she married and did she perhaps forget to change the name of the Registered Keeper with the DVLA when her name changed?

Coupon-mad

Hetfield wrote: »

It is a County Court Claim Form from Northampton. Apologies for the confusion. Is there anything that can be done, or is she going to have to foot the bill?

Say what? This is not a BILL.

Did you miss post #2 of the NEWBIES PLEASE READ THESE FAQS FIRST thread, all about court stage?

Please read it. You will not find people telling her to pay, why should she if she can defend, and also complain to the retail park to try to get an offer accepted, maybe £40 -£60 if the complaint is made quickly.

You realise she'd probably have got it cancelled on the spot, if she'd complained to the retail park when the PCN first arrived? These are generally EASY to see off early, but harder at court stage.

The main query I'd have for you and the Defendant to consider, though, is HOW will she show this differs from the ParkingEye Ltd v Beavis case, if it gets to a hearing?

Hence why I mentioned complaining to the retail park and making an offer by email to PE:

enforcement@parkingeye.co.uk

Obviously the complaint an email offering, say £30 as a first gambit MUST come from her, not you, and she MUST also acknowledge and defend the claim in time (but you know that from the NEWBIES thread second post...I hope).

Hetfield

Please tell us the Date of Issue on the Claim Form?

The car involved... did your wife own it before she married and did she perhaps forget to change the name of the Registered Keeper with the DVLA when her name changed?

No, the car was purchased a year after we married. The issue date is 22nd October.

KeithP

Hetfield wrote: »

No, the car was purchased a year after we married.

Check the name of the Registered Keeper on the vehicle's Registration Document, V5c or logbook - whatever you want to call it.

Hetfield wrote: »

The issue date is 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.

Nearly 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 described here:

1) Print your Defence.
2) Sign it and date 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Coupon-mad

Hetfield wrote: »

No, the car was purchased a year after we married. The issue date is 22nd October.

For whatever reason, it seems that the V5C is in her maiden name because that's how the PPC got her old name data, from the DVLA.

Anyway aside from that, you know not to just pay and what to do now, as advised above.

Hetfield

Appreciate everyone's help. I've now read through the salient points on the Newbies thread (sorry for not doing so first!) and will be completing the AoS in the morning.