Parking fee paid | parking eye | ccj!!!

ExpatMom

Hello All

I have spent the last 36 hours!!! (on and off) on the site going through the Newbie FAQs, searching for cases identical to mine and reading all semi-relevant cases but I have to give up and appeal to your kind nature to take a second to read through mine.

Based on guidances on here, I have prepared a few drafts which I will share shortly,

Briefly

• June 2018 - I had an appointment at a location in Regents Park London.
• I PAID for parking for 2 hours. I placed the Ticket on the dashboard.
• I went for my appointment in the in-house salon, it lasted about 2 hours, I paid for the services and left.
• I did not keep the ticket. I must have binned it.
• I used my debit card so BOTH transactions are on my Bank Statement.
• 2/3 days later, I receive a NTK in the post.
• Infuriated, I dash off a "colourful" letter to Parking Eye stating I paid for the parking and attached a copy of my bank statement showing BOTH TRANSACTIONS.
• I did not hear back from them and assumed that was the end.
• July 2018 - I moved to America for work. I did the Royal Mail Redirection for one (1) year to my sisters address in Essex.
• I also sold the car back to the dealer and notified DVLA of the change of ownership.
• I've been back to the UK every 2/3 months and FAITHFULLY checked my mails at my sisters' - there were no important mails and certainly NOTHING from ParkingEye.
• I moved back to London this month - May 2019 - and whilst trying to add an ipad for my son to my o2 account, I was informed I had a default on my record! The o2 guys wouldnt say whom - just asked me to check my credit rating.
• I did and it was a shocking 237!!!! Out of 700!!!! From 675 to 237!!!!!!!!:shocked::shocked:
• A further check on Trust Online Registry showed effing ParkingEye obtained a default judgement against me in December 2018.

I DID NOT receive a Letter Before Claim, an Application Notice,a Claim Form or any correspondence from effing Parking Eye referring to their claim - NOTHING!!!!

I've calmed down enough to go through the recommended steps

I have contacted the CCBC for particulars of the claim
I have prepared a letter to PE notifying them of my intention to set aside the judgment
I have completed the N244
I have prepared a draft Order - Witness Statement - Defence

I suppose my question is What defence would you suggest? I DID pay for parking but I dont have the receipt BUT I do have bank statements showing the transaction.

My defence is hinging on;

1. I DID pay the parking fee.
2. I do not have the receipt but do have bank statements
3. I did not receive any correspondence from PE bar the initial NTK which I responded to. (I hold my hands up that I may have referred to them as effings !!!!! - I was incensed.

Confirming these are the documents I need to prepare?

1. N244
2. Letter to PE notifying intention to set aside
3. SAR
4. Draft Order
5. Witness Statement
6. Draft Defence

I'd be grateful for your insights and hope you will guide me through this "journey".

Thank you.

ExpatMom

Particulars of claim

CLAIM FOR MONIES OUTSTANDING FROM THE DEFENDANT, IN RELATION TO A PARKING
CHARGE, ISSUED xx/06/2018, FOR PARKING ON PRIVATE LAND IN BREACH OF THE T+C'S (THE
CONTRACT).

PARKINGEYE'S ANPR SYSTEM, MONITORING xxxxLOCATIONxxxxxxxxxxxxxx, CAPTURED VEHICLE xxxxxxVRNxxxxx ENTERING AND LEAVING THE CAR PARK, PARKING WITHOUT A VALID PAID PARKING TICKET.

THE SIGNAGE, CLEARLY DISPLAYED AT THE ENTRANCE AND THROUGHOUT THE CAR PARK, STATES THAT THIS IS PRIVATE LAND, IS MANAGED BY PARKINGEYE LTD, AND IS A PAID PARKING SITE, ALONG WITH OTHER T+C'S BY WHICH THOSE WHO PARK ON SITE AGREE TO BE BOUND.

IN ACCORDANCE WITH THE T+C'S SET OUT IN THE SIGNAGE, THE PARKING CHARGE BECAME PAYABLE.

THE DEFENDANT WAS PREVIOUSLY PRESENTED WITH THE OPPORTUNITY TO TAKE THEIR APPEAL TO POPLA, THE INDEPENDENT APPEALS SERVICE FOR PARKING ON PRIVATE LAND, BUT THIS HAS NOT BEEN TAKEN.

THIS CLAIM IS IN REFERENCE TO PARKING CHARGE(S) xxxxxxxREFxxxxxx



My comment :
I paid for parking and displayed Ticket on dashboard - disposed of as trash when I got home.
Bar initial NTK I did not receive any further correspondence from PE

The_Deep

IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

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

and enlist the support of your MP as they are obviously trying to scam you.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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.

tboo

I believe you send off a SAR ( Subject Access Request) as well.


Read the newbie post - all of section 2 as set asides are at the end - this explains it.

ExpatMom

The_Deep wrote: »

IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

xxxxxxxxxxx Newbie cant post links

and enlist the support of your MP as they are obviously trying to scam you.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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.

xxxxxxx Newbie cant post links

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

Many Thanks.

It's a battle I would quite happily get involved in though I'm coming in late to all the incredible work that has been done on this site.

Writing to my MP wouldn't do much to cancel the CCJ though?

ExpatMom

tboo wrote: »

I believe you send off a SAR ( Subject Access Request) as well.


Read the newbie post - all of section 2 as set asides are at the end - this explains it.

Many Thanks.

I have prepared the SAR.

The notes underneath does state

"An organisation has one month to respond to your request. In certain circumstances it may need extra time to consider your request and can take up to an extra two months"

.

Do I proceed with the Set Aside process or wait for the SAR?

ExpatMom

SUBJECT ACCESS REQUEST

20th May 2019

ParkingEye Limited
PO Box 565
Chorley
PR6 6HT

Your reference: [XXXXXXXXXXXXX]

To whom it may concern

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )
xxxMY NAMExxx | xxxxxD.O.Bxxxxx | xxxxxAddressxxxxxx

Please supply the data about me that I am entitled to under data protection law relating to myself.

Specifically,
• the claim form;
• detailed particulars of claim;
• the parking charge ticket and all other relevant documents in relation to the Parking Charge.
• a full copy of the Parking Charge, Notice to Keeper, Letter Before Action, etc.
• all correspondence from Parking Eye addressed to me in respect of the Parking Charge / Claim.
• All correspondence from me addressed to Parking Eye; all data or recordings held on me.
• The PDT machine record from that day, of payments made with unredacted VRNs

If you need any more data from me to confirm my identity, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully


Name / Signature



Is this ok?

tboo

I believe you do the SAR asap as this can take days for them to respond.


but wait for more experienced regulars, they shall arrive and advise.

ExpatMom

ALL DONE - I'd be grateful for all comments please - no holds barred - tell me if it's silly, ridiculous, badly drafted etc - I'm here to learn.

Coupon-mad

Very long so bumping for others to read, or to return to when we have time!

Umkomaas

I haven't read it, but the question I'd ask myself is if all that detail thrown at an extremely busy Judge with likely dozens of cases to deal with, cuts to the chase, and will convince him/her to sway in your favour.

You might guess where I'm going!