Parking Eye - paid parking ticket wrong machine

Le_Kirk

bobgroups wrote: »

hi,

Is there any way of knowing if the parking company put more signs up and when they did this? I'm now at county court claim form stage so preparing a defence. Thanks

Google Street View sometimes helps, if it shows the car park. You can set it for a date in the past I believe.

bobgroups

wow - thanks very much Le_kirk I never know that. However it only dates till April 2017. the alleged transgression was nov 2018. FYI... the location is below on one of those bays. The thing that is similar is I think the number of signs is similar to the signage on google maps dating back 2017 (poss 1 or 2 more signs)....

Since I got the ticket (in Nov 18) I am sure they must have put more signs in January 19 as now it's like there is a sign at practically every parking bay....Don't know how I can prove that in my defence though i.e. that more signs were put up after Nov last yr....

https://www.google.co.uk/maps/@51.5041774,-0.5430853,3a,75y,14.92h,71.16t/data=!3m6!1e1!3m4!1sD1jSi3nFHAiUF0R6I2S7QQ!2e0!7i13312!8i6656

Coupon-mad

In your defence, state what your research has revealed and that you conclude there were only 2 signs in 2017, and put them to strict proof otherwise. Use bargepole's concise defence as your case, the one about a lack of signs (see NEWBIES thread).

What's the ISSUE DATE of your claim form, and have you done the AOS already?

bobgroups

Issue date of the claim form is 25th March 2019. Hmmm I have'nt done the AOS yet. I thought I would do the whole thing in one go including the defence

also researching further on the newbies thread..thanks

KeithP

bobgroups wrote: »

Issue date of the claim form is 25th March 2019. Hmmm I have'nt done the AOS yet. I thought I would do the whole thing in one go including the defence.

No a good idea to do it 'all in one go'.

Doing the AoS in a timely manner buys you an extra fourteen days to file a Defence.

With a Claim Issue Date of 25th March, you have until Monday 15th April 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 have until 4pm on Monday 29th April 2019 to file your Defence.

That's a whole month away. Loads of time to produce a perfect Defence but best not 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 "defence received". 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.

Snakes_Belly

Under the codes of practice there should be a demarcation between car parks managed by different operators.

bobgroups

oh thanks I am going there today as part of my evidence gathering - Hmmm I will check if there is a clear demarcation and take a photo of what it says

bobgroups

Brief update to my posts above.

I'm not sure now of new signs being put up since the contravention took place. I checked photos I had and asked local shopkeepers who do not recall any new signs being put up. In fact they recall some more signs being put up around 6 months to a year before the alleged contravention took place. So my belief in new sings posts me getting the ticket and research with the google maps images of 2017 looks to be a a red herring now. However doing my defence statement - will paste draft shortly and need some help please

bobgroups

Hi All, I am pasting my draft defence statement below. I have till Monday 29th April to file. i cant get my head round the wording to use. Have researched the newbie threads and other examples and kind of dreading this whole ordeal now. Anyway I got really good advice so far and I really appreciate some further help please...so I can submit asap.

Here it is....

IN THE COUNTY COURT

CLAIM No: xxxxxxxxxx

BETWEEN:

PARKINGEYE LTD (Claimant)

-and-

xxxxxxxxxxxx (Defendant)

________________________________________
DEFENCE STATEMENT
________________________________________

1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The ‘land’ which forms the basis of the current claim is amongst a much larger council car park (managed by Slough Borough Council). There is a lack of clear demarcation to distinguish a private car park and a council car park.
3. It is not clearly visible from a moving car that the car park in question is a private car park and not part of the adjacent council car park. As vehicles can easily pass between each of the 2 car parks freely this is a critical point to note.
There is a sign stating that the car park in question has a restriction of Permit Holders only (Mon-Fri) and Tariffs apply Sat – Sun. However, the defendant had obtained a parking ticket using a payment machine in the Slough Council Car park. This machine is located very close to the sign mentioned above (less than 15 metres).
4. The facts of the matter are that the defendant obtained a ticket from the parking ticket machine allowing 30 minutes of free parking and this ticket was displayed in the defendant’s car windscreen.
5. The ANPR has captured the defendant’s vehicle entering and exiting the car park managed by ParkingEye. The ANPR footage does not show which parking bay the defendants vehicle was parked in. This would be important as there is free access for both pedestrians and vehicles to cross easily between the 2 car parks and the defendant had procured a valid parking ticket for the Slough Council Car Park.
6. Had the defendant been aware with clear demarcation that these were 2 different car parks the defendant would not have obtained a parking ticket from the Slough Council Car park machine.
7. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

8. The Defendant has the reasonable belief that the Claimant has not incurred £50 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. (this is the Legal Representative’s costs on my claim form)
9. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date

KeithP

I can't see that you have mentioned it, but did you do the Acknowledgement of Service by 15th April?