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Parking Eye Dewsbury Mecca Bingo

Received court calim for said firm ,Id forgotten alla bout it,it was from last year the PCN. A couple of questions:
1. I requested copies of correspondence they'd sent. I received PCN letter(APN cameras not ticket)PCN reminder letter,outstanding amount due letter,then letter before court. No notice to keeper/request for driver details it seems unless I'm mistaken.But none of letters have anything asking for driver details.
The Outstanding amount letter received 18/12/2018 Date of event 8/11/2018 "Requirements of Schedule 4 of POFA in respect of keeper liability have been met as 29 days since PCN date and Parking Eye now has right to recoever from registered keeper" I undertsand NTKs have to meet POFA requirements,if they havent sent one maybe no case?


Second my car was only registered on ANPR camera entering and leaving,could I use the "not parked" as a defence length of time is 25 mins,I reclal reading that somewhere.

The fatcs are driver bought a ticket from Council ticket machine but due to layout of car park (one half is council)its not clear where private land begins,signs on entrance display council car park.
View of site https://www.google.com/maps/@53.6887664,-1.626272,3a,15y,26.18h,87.53t/data=!3m6!1e1!3m4!1sAJwlpyrXyJ73Zi_SWoHhPA!2e0!7i16384!8i8192


Thanks
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    25 minutes is beyond the BPA grace period and PE measure time on site not parking time, so the Driver did not obey the parking sign rules

    If the Postal NTK arrived by day 15 then the Keeper can be deemed to be liable

    As keeper you need to win on a technicality and I cannot see one in what you have said so far, so what do the signs say ?

    If the signs confused a driver and you can prove the pdt machines do not help, then a judge may decide in your favour
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    IMO their signs ar not up to snuff, 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.

    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
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on your Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?
  • Coupon-mad
    Coupon-mad Posts: 147,807 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    if they haven't sent one maybe no case?
    ParkingEye will 100% have sent a NTK and will be able to show a copy.
    Second my car was only registered on ANPR camera entering and leaving,could I use the "not parked" as a defence length of time is 25 mins,I reclal reading that somewhere.
    Not recommended - don't try to complicate matters - when the facts are these which show that you did park:
    The fatcs are driver bought a ticket from Council ticket machine but due to layout of car park (one half is council) its not clear where private land begins,signs on entrance display council car park.
    That's the defence to add to a standard concise defence example by bargepole (find it in the NEWBIES thread post #2).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    agreed , there is one car park near me that is one third council , one third CEL and one third SIP , with 2 out of 3 of them requiring payments from PDT machines , the third being limited to 90 minutes for half a day for KFC customers only with no parking for the other half a day

    confusing ? - you betcha
  • Azrael125
    Azrael125 Posts: 71 Forumite
    Third Anniversary 10 Posts Combo Breaker
    So this is situation at present. I decided to pay the PCN plus court costs,but not legal fees of £50,just cant be bothered with hassle really(I know its nor the accepted thing to do) wrote to Parking Eye informing of this ,had no reply at present.
    Just asking advice what to do regarding Witness statement should they refuse do I write one out as if im defending? Obviously I will include the letter to PE. From a judge's point of view the hearing is pointless to argue legal fees?
  • KeithP
    KeithP Posts: 41,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did you file a Defence?
  • Azrael125
    Azrael125 Posts: 71 Forumite
    Third Anniversary 10 Posts Combo Breaker
    Yeah did all that,Im due to file witness statement next week as hearing date is end of the month. Unless they reply to letter which I dont think they will.
  • KeithP
    KeithP Posts: 41,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Azrael125 wrote: »
    ...I dont think they will.
    I think they will.

    You have not paid the amount of the claim.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    IIMU that PE have an in house Legal Department. I wonder therefore why they are claiming legal fees? Could if be possible that they are trying to swindle you?

    I suggest you raise the matter with your MP if you have not already done so.
    You never know how far you can go until you go too far.
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