Help defending court claim from ParkingEye for 15 minutes overstay

robiee4u

I have received a claim form (Issue date 10/04/2019) from ParkingEye with a claim of parking without purchasing a valid paid parking ticket at Colne Road car park in Clacton-on-Sea, C015 1PY in October last year.

I did actually pay for 3 hours and I have the online receipt too. But they are claiming I was there for 3 hours and 15 minutes.

I tried to park there first then had to leave since no parking space was left but after 10~15 minutes I went back and found parking. Then I had no cash and had to register online to pay.
I believed that they might have recorded my first entry and last exit. I did appeal using these points to POPLA too which was rejected. I did not come to this forum before my appeal otherwise I would have raised the observation and grace period point in my appeal.

I have read some threads and have got a rough idea about the process. I am going to request AOS to extend the time for defence and was wondering if you could point out to me some good defence templates that may apply to my case.

Thanks for sharing your knowledge and experience.

KeithP

With a Claim Issue Date of 10th April, you have until Monday 29th April to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 13th May 2019 to file your Defence.

That's a whole month 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 "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.

Coupon-mad

I believed that they might have recorded my first entry and last exit.

OK, first thing apart from acknowledging the claim on MCOL and diarising your defence deadline, as described by KeithP, is to use P/Eye's data concerns online contact page to ask as a SAR, for the data from the ANPR system, dated/timed photos showing ALL times that car was captured passing any camera at xxxxxx location on xx/xx/xx date.

Do that now, this weekend.

To save delays, also attach a copy of your V5C as proof this data is yours to request.

The_Deep

Their signs are not up to sniff imo, read this

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

also read the BPA code of practie re grace periods. and complain to your MP, they are very familiar with the MO of these scammers ans are working hard to curb their nefarious activities.

On 15th 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.

The_Deep

I believed that they might have recorded my first entry and last exit.

aka "double dipping" read some of these.

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

robiee4u

Thank you guys. I have done the AOS and as suggested by Coupon-mad, I requested parking eye for any images of my vehicle on that day by filling in the form in their privacy page. Hope they will get back soon.
Could you point out to some example defence template I can start with?

KeithP

robiee4u wrote: »

Could you point out to some example defence template I can start with?

There are plenty example Defences in post #2 of the NEWBIES thread.

Umkomaas

Hope they will get back soon.

They have a month in which to do so.

Could you point out to some example defence template I can start with?

The NEWBIES FAQ sticky, post #2 has a number of links to examples. Legally qualified regular contributor bargepole has provided an example of a concise (recommended that a short, to the point Defence is used) example.

Use that as the basis for yours, filling in your circumstances at appropriate points.

robiee4u

Thank you all again. I have started writing my defence, and would like to know how to find out the observation and grace period of this parking site? Should it be displayed in the notice board (though I live far away), if not then what would be the default periods? I have read on this forum that the grace period has to be a minimum of 10 minutes and in my case, I have been blamed 15 minutes overstayed.
In addition, I had to register on to the paybyphone.co.uk website as I did not have coins (the pay machine does not take cash) which wasted additional time. Can this be a good defence point for any of those 2 periods?

Coupon-mad

I have started writing my defence, and would like to know how to find out the observation and grace period of this parking site? Should it be displayed in the notice board

No it doesn't have to be displayed anywhere. The default is a MINIMUM 10 minutes.

In addition, I had to register on to the paybyphone.co.uk website as I did not have coins (the pay machine does not take cash) which wasted additional time. Can this be a good defence point for any of those 2 periods?

Yes definitely. Google Kelvin Reynolds BPA grace periods and read what he says about it sometimes taking longer and not just due to disability.

robiee4u

Hello,
Sorry if I missed this in the sticky post #2, but I am trying to find out the deadline date of my defence submission after my AOS was received but unable to find it on the money claim website.
Please point me to the page where I will be able to view this date.

My claim history is:
A claim was issued against you on 10/04/2019
Your acknowledgment of service was submitted on 13/04/2019 at 13:19:15
Your acknowledgment of service was received on 15/04/2019 at 01:09:41

Many thanks