Court Appeal - ParkingEye Leeds Aire St

Scoops

EDIT: For some reason when I'm logged in I can't see replies to this post. Is there a setting I need to fix somewhere?


TL/DR: It's got to the court stage. Parking Eye have not provided a POPLA reference number and have not responded to appeal letters or SAR.

I need your help please. Things are moving fast and the amount of information to digest is hurting my brain. I have been meaning to post for advice sooner but I just haven't had a chance and to be honest kept getting lost in the numerous posts related to a Parking Charge Notice. Although I think I have done the right things, I still find myself hurtling to a court date. In the briefest summary I have been sent a PCN for my car parking on the Aire Street Car Park in Leeds, managed by ParkingEye. The driver of the car at the time read the signs to say that there would be no charge after hours (Charges applied from 8am to 6pm and they parked after this time). The driver was only parked for 19 minutes with the majority of time spent in the vehicle. On the initial receipt of the PCN, it had all the hallmarks of a SPAM/Phishing exploitation campaign. My first instinct was to write a Subject Access Request(SAR). ParkingEye replied stating that they did not hold any of my personal information. I replied thanking them for clarifying. At the time I thought that the issue was resolved. However, I continued to receive further letters chasing the PCN. I was advised to continue chasing the SAR but to also log an official appeal which I lodged on the 8th of May 2019. As of today I have had no response; it is now 48 days. I have followed up the appeal and also written to the CEO. Although I attempted to speak to the person I found, ParkingEye’s system is set up to force you to apply and communicate online. Things are speeding along and I have recently received a letter from the County Court Business Centre(CCBC) stating ParkingEye’s intention to proceed to court. On contacting CCBC they advised me to log a complaint with the BPA. I have done this but the timescales to respond exceed the date that I need to respond to the CCBC with a Defence.

I have been meticulous in saving each letter even paying for recorded delivery on key documents.

Please can someone help me with not only advice but also with a defence case that would hopefully put this nightmare behind me.

I have a summary document on Google Drive that I can share a link to via PM if anyone would like to help me fight this.

KeithP

Sounds like you have received a County Court Claim Form.

What is the Issue Date on your Claim Form?

Coupon-mad

Please can someone help me with not only advice but also with a defence case that would hopefully put this nightmare behind me.

At this early stage, you can just copy Bargepole's defence about unclear signs.

Here are some pics from previous Aire Street threads:

https://imgur.com/a/jk1Kc

https://www.dropbox.com/s/pigi29gbkwuti8k/WP_20161001_14_05_07_Pro.jpg?dl=0

https://www.dropbox.com/s/qekxmzop2ivlke2/WP_20161001_14_04_29_Pro.jpg?dl=0

Redx

complain to the ICO about the lack of the SAR reply , especially as they had no record and yet have issued a court claim

I believe they may manage the site for another PPC so this might explain the lack of info, which could be a nail in their coffin

The_Deep

Have you read this?

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

Consider a complaint to your MP.

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

KeithP

Looks like this was posted elsewhere in error:

Scoops wrote: »

Issue Date: 10th of June 2019
Received: 12 th of June 2019

Particulars of Claim:
Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge. issued 13/03/2019, for parking on private land in breach of terms and conditions (the contract). ParkingEyes Automated number Plate recognition System,monitoring Aire Street, Leeds, Aire Street, Leeds, LS1 4HT, captured vehicle [Car Reg] entering and leaving the car Park, parking without a valid paid parking Ticket. The signage, clearly displayed at the entrance Tour and throughout the car park, states that this ist private Land, ist Manager by ParkingEye Ltd, and is a paid Site, along wird vorher T+C's by which this Who Park in Site agree to be bound. In accordance wird the T+C's set out in the signage, the Parking Charge became payable. Notice under the Protection of Freedoms Act 2012 has been given under Sch 4, making the keeper liable. This claim is in reference to Parking Charge(s) [PCN ref no]
There are some strange words in there: 'wird', vorher??



Amount claimed - £100.00
Court fee - £25.00
Legal representative's costs - £50.00
Total amount - £175.00

KeithP

With a Claim Issue Date of 10th June, you have until Monday 1st July 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 15th July 2019 to file your Defence.

That's over two weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the 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.

Scoops2

I had to create an alt account as I couldn't see the posts properly. Not sure what was happening might be an setting somewhere.

I can reply using Scoops2

Scoops2

Scoops2 wrote: »

I had to create an alt account as I couldn't see the posts properly. Not sure what was happening might be an setting somewhere.

I can reply using Scoops2

Ah Alt account not a good idea as I cant post links now.

Need to try get my other account working so I can see replies

Scoops2

The_Deep wrote: »

Consider a complaint to your MP.

Yes thank you. It seems signs are a big problem in this Industry.

I have considered writing to my GP and am aware of the New bill - My current feeling is that they can take it on board but at this time there isn't really much they can do until changes happen.

Do you have a template I could use to raise this with my MP

Scoops

KeithP wrote: »

Sounds like you have received a County Court Claim Form.

What is the Issue Date on your Claim Form?

I've tried to post links on this original, 10yr old account, and an alternative but unfortunately I'm falling foul of forum requirements.

I really appreciate all of your replies.