Claim Form received from ParkingEye

ParkingEyeSore

Good afternoon

I recently received a Claim Form from the County Court. I have submitted the AoS.

The claim relates to a Parking Charge from ParkingEye. I failed to respond their previous letters and submit an appeal.

I was collecting my child and their friend from the cinema. Unbeknownst to me they had decided to see a different film which started later. On arriving at the cinema car park I parked and texted my son to check when they would be finished. It would be about an hour so I simply decided to wait in my car and listen to the radio.

In doing so I stayed beyond the grace period.

I have no evidence of my child's trip to the cinema. They paid in cash and by the time I got the first letter from ParkingEye in the post about 3 or 4 weeks later their ticket was long gone. I do have the the text message exchange between me and my child if it is of any use.

However I believe that I was legitimately waiting to collect my child. As I did not leave my car I saw no signs that I had to use a keypad in the cinema.

I'm looking through the various defence posts but haven't found one (yet) which exactly matches my circumstances.

Any advice on what tack I should take? Signage or legitimately collecting a minor?

I don't understand why there isn't some sort of barrier on entry or exit which makes it clear that a charge could be incurred.

Thank you.

Coupon-mad

Not leaving the car is not a reason to use a car park without reading the signs. Never make that mistake again, NEVER wait in a private cash cow car park, they are there to get people like you, going about normal daily life. You are better waiting in the car on street - if you only stay a few minutes (not an hour) you can pick children up on double yellows, you know! It is an exemption and you'd be far better staying OUT of private car parks, treat them like the plague, as I do.

This IS your main defence, and there is an 'Odeon/ParkingEye/hidden keypad' example in the NEWBIES thread so it will be perfect for you to copy and adapt:

I saw no signs that I had to use a keypad in the cinema.

Umkomaas

You need to get photos of the signage in the car park, taken in the light conditions that prevailed at the time of the parking event. If in the hours of darkness, take photos without flash to show any poor illumination.

You also need good quality close ups so the terms are clear to read. Any sign that does not show a requirement to enter a VRM on a tablet in the cinema should be of major interest.

D_P_Dance

All the PE signs that I have come across fail imo to be able to form a contract. They are either too high, the font is too smaal, or they are too wordy, or all ot the above, read this thread and complain to your MP.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading&highlight=

On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

KeithP

What is the Issue Date on your Claim Form?

ParkingEyeSore

Thanks for the quick replies.

Coupon-mad, the car park used to be free to use and I mistakenly assumed it was still the same. We normally go on foot to this cinema but it made sense on this occasion to collect on my way home from work. Even though I've walked to this cinema on many previous occasions I've never noticed the signs. But I suppose that's because I wouldn't have been looking for them. I've since been told that it has had the keypad for at least a couple of years. So it must have been quite some time since I last drove there.

ParkingEyeSore

Issue date about a week ago. Sorry read something about best not giving information that enables you to be identified. I can be more specific if necessary.

ParkingEyeSore

Also worth a mention (?) that the car park was at least half empty so I wasn't preventing another customer from parking.

There is a venue nearby and I assume that ParkingEye were brought in to prevent abuse of the car park by people going to the venue.

KeithP

ParkingEyeSore wrote: »

Issue date about a week ago. Sorry read something about best not giving information that enables you to be identified. I can be more specific if necessary.

Entirely up to you.

I don't force my guidance on anyone.

ParkingEyeSore

KeithP wrote: »

Entirely up to you.

I don't force my guidance on anyone.

14th March

KeithP

ParkingEyeSore wrote: »

14th March

With a Claim Issue Date of 14th March, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 16th April 2019 to file your Defence.

That's nearly four 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.