County Court Claim from Parking Eye Ltd (Home Bargains)

Redx

Looking good to me but await further comments

Le_Kirk

Maybe add this: -

Where such changes impose liability where none previously existed then you must consider a transition period to allow regular visitors to the site to adjust and familiarise themselves with the changes.

silverchoice

Le_Kirk wrote: »

Maybe add this: -

I was quoting paragraph 18.1 of the COP.

Redx

Add what he said and then the quote to back it up

Coupon-mad

at 9:47am, I parked my vehicle

and returned to my vehicle at 11:58am

Did you really? I think not. Surely that's the 'entry' and exit' moving traffic times at the edge of the site. Things like this are important not to state wrongly.

If you were pretty nifty at driving round, finding a space and parking, you would have parked about 9.50am at the earliest, and then if you were back at the car at 11.50am to load your bags in, etc., then the mere 8 minutes unaccounted for that you took to leave the site past the cameras is well within the BPA allowed 'grace period' to leave without any penalty from one of their AOS members.

11. I also have a newspaper article about Portslade Aldi being fined for the Claimant steering the retailer to unlawfully change the free parking time without permission. I [STRIKE]and[/STRIKE] will use this in evidence to demonstrate that changing local shoppers' allowed time shows significant disregard for the rules of a Local Authority ('LA'), and this is illegal conduct which disadvantages local shoppers and rightly resulted in a fine in the evidenced example (which was also led by ParkingEye trying to squeeze more penalties from consumers). This is not a minor issue, as ParkingEye may try to tell the Court; it is fundamental to this case, given the LA's intention for shoppers to be allowed two hours. The illegal term on the signs is therefore unenforceable.(Exhibit 7).

If you've already sent your WS off now, given my late reply, just make sure you take the above wording with you to the hearing as a crib sheet and say the words ''illegal'' and that the ''term is unenforceable'' to the Judge - this is fundamental to your case.

silverchoice

This is the latest draft of our witness statement:


[FONT=&quot]In The County Court Claim No: xxxxxxxx[/FONT]

1. [FONT=&quot]Between[/FONT]

[FONT=&quot]PARKINGEYE Ltd (Claimant)

-and-

xxxxxxxxxxxxxxx (Defendant)[/FONT]

[FONT=&quot]______________________
WITNESS STATEMENT[/FONT][FONT=&quot]

[/FONT]

[FONT=&quot] [/FONT][FONT=&quot]1. [/FONT][FONT=&quot]I am ************ the Defendant in this matter. I will say as follows:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2. [/FONT][FONT=&quot]On ********, I parked my vehicle registration number ******* after entering the car park at 9:47am.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3. [/FONT][FONT=&quot]I went shopping in Cleckheaton and returned to my vehicle and exited the car park 11:58am which I thought was acceptable including any grace period. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]4. [/FONT][FONT=&quot]Upon receipt of a parking charge notice from the Claimant, I was shocked to discover [/FONT][FONT=&quot]the free parking time had been reduced hours to one and a half hours from two hours which it was when it was the Netto car park.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]5. [/FONT][FONT=&quot]The parking plan for the original planning permission for Netto shows the free parking period to be two hours (Exhibit 1) .[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]6. [/FONT][FONT=&quot]I made a freedom of information request to ****** Council and they confirmed that no planning application has ever been made to reduce the free parking time from two hours to one and a half hours (Exhibit 2).[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]7. [/FONT][FONT=&quot]I have considered the Code of Practice ("CoP") of the British Parking Association ("BPA"), of which the Claimant is an accredited member. In order to be an accredited member of the BPA, compliance with the CoP is compulsory. See paragraphs 4.1 and 6 of the CoP[/FONT][FONT=&quot] (Exhibits 3 and 4). The significance of being a member of the BPA and subscribing to its CoP is that the Claimant is only entitled to ask the DVLA for the details of a car’s registered keeper if it is a member.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]8. [/FONT][FONT=&quot]Paragraph 13 of the CoP clearly states that a grace period is to be applied to parking. The CoP makes clear that such grace periods are to be applied both at the start of any parking period and also at the end of any parking period. The whole point of these grace periods is to allow drivers time to find a parking space and to read the signage prior to commencement of the period of parking, and time to exit the carpark once they have finished parking. Grace periods are not defined, but the CoP requires them to be "a minimum of 10 minutes" either side of the actual parking (paragraphs 13.2 and 13.4) [/FONT][FONT=&quot](Exhibit 5). [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]9. [/FONT][FONT=&quot]Paragraph 18.10 of the CoP states “W[/FONT][FONT=&quot]here there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage. [/FONT][FONT=&quot] [/FONT][FONT=&quot]Where such changes impose liability where none previously existed then you must consider a transition (period) to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional/temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones” (Exhibit 6).[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]10. [/FONT][FONT=&quot]In this case, the data produced and relied upon by the Claimant shows that the period passing between my car entering and leaving via the ANPR cameras was 2 hours and 11 minutes. Applying the "minimum" 10 minutes either side of the parking, the minimum total grace period I should have been allowed by the Claimant under its own compulsory CoP was 20 minutes. I was therefore well within the grace period. It is worthy of note that the recommended grace period is a minimum of 10 minutes, it is not a maximum. [/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]11. [/FONT][FONT=&quot]I also have a newspaper article about Portslade Aldi being fined for the Claimant steering the retailer to unlawfully change the free parking time without permission. I will use this in evidence to demonstrate that changing local shoppers' allowed time shows significant disregard for the rules of a Local Authority ('LA'), and this is illegal conduct which disadvantages local shoppers and rightly resulted in a fine in the evidenced example (which was also led by ParkingEye trying to squeeze more penalties from consumers). This is not a minor issue, as ParkingEye may try to tell the Court; it is fundamental to this case, given the LA's intention for shoppers to be allowed two hours. The illegal term on the signs is therefore unenforceable.(Exhibit 7).[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]12. [/FONT][FONT=&quot]The issue the court is being asked to deal with is de minimis and the court's valuable time should not have been taken up with this matter.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]13. [/FONT][FONT=&quot]I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Statement of Truth[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I believe that the facts stated in this Witness Statement are true.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Signature [/FONT]
[FONT=&quot] [/FONT]


[FONT=&quot][/FONT]

silverchoice

We are still trying top negotiate with Parking Eye but they're just ignoring our emails.

silverchoice

Parking Eye accepted our offer for £60 so we have paid this and it's all over.


If it was just me I might have been tempted to fight them in court but my mother is not keen and I just didn't want to put her through the ordeal.


Thanks for everyone's advice which has helped me persusade Parking Eye to settle out of court.

Redx

we can understand why this option has been used and how it has already affected your mum such that she wants it over with

it can be difficult to argue a legal case against PE so we cannot complain about this settlement offer being taken and accepted

the monkey is off her back, hopefully in future both of you and your falimilies will be careful about parking etc, such as to avoid these things happening

best wishes to your mother from me and good luck to you both from now on

Umkomaas

I'm glad this is settled for you and your Mum.

If you want to look into ways of giving PE a black eye for tangling with Mum, check the local authority planning permission for this car park, which could well have been for 2 hours, with PE thereafter unilaterally changing that o 1.5 hours as their 'take' on 2 hours was insufficient.

If you find they have done this, complain to the local authority and ask them to prosecute. Get your MP and local press on board to help.