County Court Claim from Parking Eye Ltd (Home Bargains)

silverchoice

My 72 year old mother received a County Court Claim from Parking Eye Ltd on 14th March for parking too long at a Home Bargains store on 31st October. She parked for 2 hours 11 minutes but the limit was 1 hour 30 minutes.


She received a parking charge notice on 6th November and a reminder on 15th November and then a Letter Before County Court Claim on 25th January. She tried to pay the £100 fine on the parking eye website but the payment didn't go through and no money was taken from her account.


When she received the County Court Claim she passed all the paper work to me. I have done an AOS on 17th March stating she would like to defend all of this claim.


I've searched a lot of threads but cannot find a template she can use for her defence. Is there a template anyone can recommend ?

Redx

yes , read the NEWBIES FAQ sticky thread, post #2 , and its links

start with the concise defence by member BARGEPOLE, and adapt it

what is the DATE OF ISSUE on that claim form ?

silverchoice

Redx wrote: »

yes , read the NEWBIES FAQ sticky thread, post #2 , and its links

start with the concise defence by member BARGEPOLE, and adapt it

what is the DATE OF ISSUE on that claim form ?

14th March.

onlyfoolsandparking

Yes go to the NEWBIES thread and scroll down to Court claims section, everything you need including defences by the likes of Bargepole are there.


If you tell us the issue date of the Claim Keith P will be along to tell you exactly when your deadline will be for filing your defence.


Just as a side note, you say your mother tried to pay the invoice (NOT A FINE) but it didn't go through, do you have any proof of this? that would certainly help as part of a well crafted defence.

silverchoice

onlyfoolsandparking wrote: »

Yes go to the NEWBIES thread and scroll down to Court claims section, everything you need including defences by the likes of Bargepole are there.


If you tell us the issue date of the Claim Keith P will be along to tell you exactly when your deadline will be for filing your defence.


Just as a side note, you say your mother tried to pay the invoice (NOT A FINE) but it didn't go through, do you have any proof of this? that would certainly help as part of a well crafted defence.

She has no proof of this unfortunately.

KeithP

silverchoice 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 over 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.

onlyfoolsandparking

silverchoice wrote: »

She has no proof of this unfortunately.

Ok, well not the end of the road for defending this claim, there are many aspects to a good defence, poor signage, non POFA compliant NTK, not clear POC, fake add on debt collector charges to name but a few.


So you need to read as much as possible on the forum especially regarding defences, court procedures and Parking eye. Doing this will help you gain a greater understanding of how the game you are now firmly involved in plays and how to beat these scammers.

Ralph-y

have you complained to Home Bargains with proof of purchases on that day and others in the recent past ?


Ralph:cool:

silverchoice

Ralph-y wrote: »

have you complained to Home Bargains with proof of purchases on that day and others in the recent past ?


Ralph:cool:

My mum wasn’t shopping there.

twhitehousescat

so , did she just use the carpark for 2 hrs free parking , and wander off elsewhere

silverchoice

twhitehousescat wrote: »

so , did she just use the carpark for 2 hrs free parking , and wander off elsewhere

Yes. It’s in a town centre !