Parking Eye CCJ Defense help

scottyboy212

Dear all just posting to have a little back up


Essentially I Received a Parking Eye "Double dip " parking ticket


I ignored it and now have received a CCJ defence form from the Northamprton business centre (issue date 17/6/2019)


I was on my way to work in a different City from which I live and used my local Garage/McDonalds car park on the way there and on the way back. I was working a nightshift and parking eye are claiming I was in the car park for 13 1/2 hours. This is absolute nonsense.






I read up on the forums and have completed my defence form online with help from a post that was similar to my case. Can anyone please advise if I have done things correctly and advise of any further action I should make at this stage




I deny I am liable to the Claimant for the entirety of the claim
for the following reasons:

1.The car was not parked for the time stated - this was two visits
caught wrongly by ANPR.
The Defendant made two different visits to the car park in
question the first on 14/03/2019 at 20.07 to approximately 20.30.
The second visit was the following morning 15/03/2019 10.00 until
approximately 10.30. However, this was shown by this Claimant's
ANPR in error, as a single long stay from which is not true. In
fact after the first visit on 14/03/19 the defendant was
travelling to work at a hospital in a different city, Nottingham
which is around 16 miles away. The defendant was working a
nightshift from 21.00 until 0900 the next morning. This can easily
be confirmed by Nottingham University Hospitals NHS trust.
Multiple witness statements can be provided.

2.The defendant has a receipt that proves they paid for parking on
street outside their place of work during the time the claimant
alleges the overstay in parking. This completely refutes the
allegation.

3. The defendant can prove that they used cash machine at their
place of work during the alleged time.

4. The car visited twice and parked on two separate occasions,
within the offer allowed on the signage. There is ample evidence
in the public domain that ANPR has an inherent fault in sometimes
matching the first entry and the last exit of vehicles that visit
the same car park twice. Here are just three examples of BPA
member ANPR evidence failures, including a court loss:
parking-prankster.blogspot.com/2013/05/highview-parking-spurred-in
to-immediate.html
parking-prankster.blogspot.com/2016/03/parkingeye-lose-in-court-ac
cuse-drivers.html
parking-prankster.blogspot.com/2015/10/parkingeye-subject-to-data-
protection.html

5.This 'double dip' fault in ANPR evidence is a fact confirmed by
the BPA in the following article: britishparking.co.uk/ANPR in
which they state that “As with all new technology, there are
issues associated with its use: Repeat users of a car park inside
a 24 hour period sometimes
find that their first entry is paired with their last exit,
resulting in an ‘overstay’. Operators are becoming aware of this
and should now be checking all ANPR transactions to ensure that
this does not occur.”

Further evidence of the scale of the fault with ANPR evidence is
covered in the BBC Watchdog programme which was screened on the
18/04/2018
(bbc.co.uk/programmes/articles/1Q8WCKXkmC75Qq4zTPbnbGv/parkingeye)
. The relevant clip can be viewed here
youtube.com/watch?v=WIaKMkO3YVM.


Any advice would be very much appreciated

Umkomaas

To my untrained legal eye, it's on the right track.

However, any evidence is produced at the Witness Statement stage - you're not there yet. So the attachments you are including should be removed and saved for later. The YouTube video link is unlikely to be viewed by a Judge. If it's vital, you would need to take a laptop/tablet to court and have it ready to show, having notified your intention to do so in the WS.

Statements you've made that 'proof can be provided', should be made more assertively as you seem to be seeking confirmation from the court that the Judge would like to see the proof. If you've got proof state that you will be submitting that to the court as part of your evidence bundle.

Please read the NEWBIES FAQ sticky, post #2 which guides you through the entire court process, read especially the example concise defences put together for the forum by legally qualified and trusted contributor bargepole and see how you might sharpen yours up against them.

Good start.

Redx

As above, because to me it's more like a witness statement

Read the concise defence by bargepole and try to address the legal issues such as landowner contract, signage , POFA , BPA cop, anpr failures etc

All the evidence etc comes much later

Fruitcake

As a side project you should complain to the BPA and DVLA about this.
State that since you have proof of a double dip you expect the BPA to investigate why this sort of thing is still happening, and why the scammers are obtaining your personal data without either due diligence or just cause, and instruct their member to cancel the case.

Do a similar complaint to the DVLA but ask them to investigate this misuse of your personal data as well as the use of known unfit for purpose ANPR.
Whilst it might mean showing your hand, you could include the evidence of being elsewhere to the DVLA and request they tell the scammers to cancel proceedings.
See what others think.

In addition, complain to your MP about this outrageous scam and ask him/her to intervene.

Local and national press, specially the Daily Mail, might be interested as well.

Umkomaas

See what others think.

I agree with Fruitcake, a complaint now might save you a lot of hassle to have to deal with the further into the process this gets. But, you must do it in parallel with submitting your defence, that doesn't go on ice just because you're complaining to the DVLA.

Have you submitted your acknowledgment of service (AOS) to the CCBC yet? If not that is a priority for you, there's no advantage in delaying that. Failure to acknowledge by day 19 following the 'Date of Issue' of the court claim will result in a judgment in default against you.

Le_Kirk

According to this from the OP: -

I read up on the forums and have completed my defence form online with help from a post that was similar to my case. Can anyone please advise if I have done things correctly and advise of any further action I should make at this stage

it's too late to do anything about a defence that looks like a WS. I've assumed that means he/she filled in the box when doing the AoS - hope I am wrong.

The_Deep

Witness statement or defence, does it matter?

This is a small claims court, a place where postman sue plumbers for shoddy pipework. All that matters is the truth,

Sometimes, when I raed some of the advice given here, I cannot help but think that some posters here have taken their ye off the ball.

Let us try not to overcomplicate things, judges are not fools, their recognise scams when they see them.

This may be of interest OP

https://uhra.herts.ac.uk/bitstream/handle/2299/10162/Real_world_number_plates_final.pdf?sequence=1

and this about their appalling signs.

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.

Nine out of ten of these so called breaches of contract are scams

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


l

Redx

If the defendant has already submitted their defence above then it's too late to change it or improve it

The defendant needs to read the advice on the process so they know what comes next and when

Nothing we can help with at this stage, except to mention the OP needs to ensure a SAR has been done plus a landowner complaint to try all avenues

By the time the judge sees it they will have seen both the defence and the WS

ShakeItOff

The only other thing that I would suggest doing if you haven't done so already is to submit a subject access request through go PE and the DVLA (information on how to make this request will be available on both websites, usually through their privacy pages). That might be helpful when it comes to writing your witness statement later on.

KeithP

scottyboy212 wrote: »

Can anyone please advise if I have done things correctly...

No, you have not done things correctly.

The correct way of doing things is to ask questions before doing things, rather that doing things and then asking if you've got it right.

Good luck.

scottyboy212

Thank you everyone for the advice.

I have clearly messed up by submitting my defense without seeking advice first :-(

I have done the SAR to PE and have made a land owners complaint and will do the DVLA complaint latter tonight.

I will get us much evidence as I can together for submitting to court.

Do you think I can win in court by just arguing and providing proof that I was elsewhere during double dip incident.