Worth fighting county court claim?

Saadia

So I recently received a county court claim for overstaying by 12 minutes at Gallagher retail park, Huddersfield. It is 2 hours free parking for customers, managed by.....Parking Eye _pale_

I followed the advice I often see on here - to ignore the bullying letters. But of course, I now know, parking eye does not give up! They sent me a county claim £100 fine + £25 court fee + £50 legal rep fees.

I have absolutely no idea how the process works, and I've read countless advise online (including the newbie post) and found myself even more confused - So I'm sorry to be such a pain with this post!!

I was with my sister and her 2 kids, it was a busy time between 6-8 on a Friday evening, we went to McDonald's within the retail park which took a fair while (busy and kids insisting on playing on their new tablets with games), and then popped into Home Bargains to buy them a toy, and Aldi to pick up some bits of grocery. All paid by cash (Perhaps using cash only isn't the best way to keep tabs on my spending afterall!). I usually keep a keen eye on the time to avoid charges like this, unfortunately, my timer began once parked up, and kids out their seats etc, and ended when I got back to my car to buckle them back in (which I'm sure any mum's can agree - can take a fair while!!). Seems parking eye just want to know when I entered and left and any other delays has no play.

I had a death in the family at the time I received the county claim, which meant I ended up only responding last min - in that panic, with quick check online, I acknowledged the service and said I want to defend all the claim - Now I'm wondering if it's worth the anxiety! I have no clue what happens next !

My dad and sister are advising me to just send a honest defense, simply stating the above facts of my circumstances. No legal garbage, just honest truth.
I on the other hand am not convinced that's the correct way, or will get me anywhere? Does it need to be backed with all the legal stuff? The things I have seen online appear extremely serious, backed with tribunal cases and all that stuff!

Do I even have a case? Will ignoring the initial letters just make my arguments a joke to the judge? Does it even reach a judge or is this still between me and the claimant to agree upon? Do I still have the option to back out and pay up to avoid the headache and anxiety?!

Please help! What would be your advise?
Or can anyone link me to the relevant parts I need, as it is all so confusing

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?


You need to now be reading post #2 of the NEWBIES FAQ sticky thread where you will find good guidance right through the court process.

Redx

this should have been appealed to PE and to POPLA at the time and has been the case since feb 2013, nearly 6 years, so not IGNORE

all the other stuff about what happened and background info is irrelevant for the most part, this is about legal contracts and the law, not about your personal circumstances (sorry to say)

the defence is based on legal arguments, not what your family are telling you (what they are talking about with "honest truth" is your Witness Statement, or WS for short, which comes in a few months time so not needed at this time) - so its the "legal garbage" that is needed at this time, for the judge

12 minutes overstay comes under clause #13 of the BPA CoP (download it and read it) - one grace period to enter, to park, to read the signs, and over 10 minutes minimum to leave the car park after the 2 hours are up, so 12 minutes seems reasonable to me, so wiull be one of your defence points

add that to the concise appeal by member BARGEPOLE and anything else of note and post the draft defence below, but first post the full POC and charges claimed (minus any personal info and references etc, so no VRM, no MCOL ref etc)

send PE DPO a SAR by email using the legal beagles template etc and ask for copies of all docs etc, all personal data (but only personal data on you and your vehicle)


ps:- there is no S in DEFENCE, so use a spellchecker on yours, lol (a learned judge will be reading it) - and STOP listening to your family as they are making it worse (until they get clued up)

Egbert_Nobacon

Approach the retail park manager explaining how PE are potentially driving away customers over 12 minute overstays.
Ask him to instruct his sub contractor to cancel the charge and mention the grace periods they are ignoring.
This is usually the best way to go, hopefully avoiding the legal process.

Coupon-mad

Probably too late though, to get landowner cancellation. The most a retailer would manage at this late stage is an offer to settle at £60 IMHO.

Certainly worth defending a 12 minute unproven allegation. The OP really does just need to read the 2nd post of the NEWBIES thread and look for an example defence about grace periods.

I doubt the car was even there more then 10 minutes. Don't suppose your phone has Google location stored from that date? Bet it shows 10 mins in and out - that is a major scam about ANPR we see all too often, that the in and out cameras & clocks are NOT synchronised, despite the likes of PE saying they are, they are provably not.

Egbert_Nobacon

I did wonder if this would be the response from a very experienced poster.
However if a copy of a letter to PE from the site manager asking for cancellation was obtained could this perhaps influence a judge at a later date ?

Coupon-mad

Yes, it can be very useful to show there is no legitimate interest/commercial justification.

So an emailed complaint is certainly worth doing, to gather evidence if nowt else.

Saadia

Guys, I’m in such a panic over this that I feel like just paying it!

I will read the newbie post 2 thouroughly before caving (if it’s even an option any more). Thanks for the directions!

Coupon-mad

Don't be in a panic. We do this every day and we will help you through it.

Worst case scenario would be you lose and pay in the end. Nothing bad, no CCJ!

Saadia

Thank you guys so much! You guys are great!
I had a brief look and will gather the relevant advice from the newbie thread to write my draft up tomorrow.

Forgive me for being so completely new to forums, I have no clue how to quote

The letter was served on 7th January and I sent the acknowledgment of service on 22nd. Am I right to believe I have until 8th February to submit my defence? (Though of course I hope to much sooner!)

KeithP

Saadia wrote: »

The letter was served on 7th January...

What does that mean?

The Issue Date and Date of Service are two different things.

Please can you tell us the Issue Date on your Claim Form.