Parking eye taking me to court

Allygood100

Hi everyone :j
Got a parking invoice "fine" from parking eye for a visit to a local hotel my mate was staying in. As i was told by that friend not to worry about the parking and didnt check. Anyways started getting them letters ignored them as i always did in the past. Then received a letter from Northampton county court business centre it was issued 7/1/19 after reading alot of posts on here i did the AoS around the 15/1/19. I then approached the hotel and spoke to a manager about the whole drama. He seemed reasonable and took my details and i have a email from him that says he requested the parking co to cancel the ticket and that i should expect there email to confirm it been cancelled ( haven't heard from them as of yet) so my question is shall i submit a defence to court or wait ? And if i do defence can i use the email from the hotel as a defence
Thank you.

Redx

You must NOT miss the MCOL dealine which is 33 DAYS after the ISSUE DATE, so I would be drafting a DEFENCE , ASAP, JUST IN CASE, that is ready to be emailed to the CCBC

any hotel statement would be a WS and can be referred to in your defence but comes later on at the WS and exhibits stage in a few months time

read post #2 of the NEWBIES faq sticky thread near the top of this forum


in future , DO NOT IGNORE, especially not PE

KeithP

Allygood100 wrote: »

Then received a letter from Northampton county court business centre it was issued 7/1/19 after reading alot of posts on here i did the AoS around the 15/1/19.

With a Claim Issue Date of 7th January, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 11th February 2019 to file your Defence.

That's three weeks away. 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.

Allygood100

Shall i base my defence on the fact that i was told to not worry about the paking as the person i was visiting was a hotel guest and or that the hotel agrees with me that the fine should be cancelled?

Redx

a defence is based on legal arguments, so look at the concise defence by member BARGEPOLE

once you have decided if the defence is as KEEPER or as driver, then you can adapt and improve it

any statements to be made would be your WS nearer the court case (your story)

I suggest you study that post #2 of the NEWBIES thread, as you dont seem to understand the differences and what happens when

Le_Kirk

Allygood100 wrote: »

Shall i base my defence on the fact that i was told to not worry about the parking as the person i was visiting was a hotel guest and or that the hotel agrees with me that the fine should be cancelled?

You can use that as one of your defence points it is called PROMISSORY ESTOPPEL and you will need a Witness Statement from the person you were visiting. Unless they were an official of the hotel though it is unlikely to carry much weight.

Allygood100

Also i was thinking to challenge the anrp cameras system. Because in the past year i got a fine in ***a were they claimed i over stayed by 15 hours when i never did . Im a cabby and i visit numerous occasions a day and i managed to get it cancelled so i guess thier whole system can be put to question.
?

Allygood100

Done a lot of reading but still undecided to base my defence as a keeper or driver. Im the keeper and only insured driver. Plus do i include evidence in my defence that i email to court ot keep it vague?

KeithP

Evidence comes later. Your Defence is purely narrative.

Have you looked at any, or preferably all, of the example Defences to be found in post #2 of the NEWBIES thread?

The_Deep

What about the signage? PE signs often carry reams of very small print, enough imo to commission an aircraft carrier.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Redx

Allygood100 wrote: »

Done a lot of reading

1) but still undecided to base my defence as a keeper or driver.

2) Im the keeper and only insured driver.

3) Plus do i include evidence in my defence that i email to court ot keep it vague?

1) check if PE conformed to POFA 2012 (timescales and wording) , if they did then a keeper defence is useless

2) I could have been driving it , as could millions of other people in this country , so the insured driver aspect is largely irrelevant

3) no , no evidence at this stage goes to the CCBC

at this stage no court has been allocated, read the BARGEPOLE walkthrough again

I already told you what to start with, the BARGEPOLE CONCISE DEFENCE, then adapt it