Incorrect info given- now at Claim form stage, Parking Eye

Floco

In April, I accessed a gym car park, which uses the Parking Eye system, so i could go into the gym and discuss gym memberships. At the time i recall the assistant telling me that there was a 10-15 min parking grace period and so i need not input my car details as i wasn't there for long.
I have since received a Claim Form from the County Court Business Centre (issue date 1st July), this is the first correspondence I've received about this. I've had some issues with my post going missing/being damaged/receiving wrongly addressed items and so after reading through various threads and posts about disputing parking claims I submitted the AOS whilst I researched this further.
Firstly I emailed Parking Eye requesting that they send me the notification letters, they responded saying that it had past the appeal stage and so I needed to proceed with instructions on the claim form . I also went to the gym but the manager said they were unable to provide evidence of my visit.
From logging on to Parking Eye with my claim number i can see that my car was in the car park for 14 mins and after checking the gym website details i can see the grace period is 10 mins and not 15. As i said, I've been back to the gym and they can't do anything at this time.
I phoned up the court yesterday because I just needed to speak to someone, and was informed that according to the date of issue I have until tomorrow (the 3rd| August) to submit my defence. I hadn't realised this and thought the date referred to submitting the AOS.
I do not think I have time to submit a defence as I have not got any evidence. I've hovered so many times over the ‘pay parking charge tab’. Feel like just paying the minimum and seeing what happens…..anyone else done this?

Quentin

You do have time to submit a defence

Cancel everything and spend time on this. Post # 2 in the newbies FAQ thread near the top of the forum covers Court claims and defences

If you don't do it then they will get a ccj against you in default

Floco

Okay. I think the defence against the ticket issued to the guy at the Odeon cinema (JoshBrux) seems the most relatable to my situation, with a some changes of course. Is it okay to copy and edit these? and do i just type in onto the Mcol website?

Quentin

No

See advice on how to submit it in the FAQ post #2

And maybe look at other defences suggested

5 mins wasn't long reading up on this before deciding on a defence to crib from!

The_Deep

Read this about PE signs.

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

Nine times out of ten these tickets are scams so consider complaining to your MP.

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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Floco

Thanks for this....ive had a quick peruse. My issue is that i knew it was there and i asked if i needed to use the parking eye machine but was told no as i was within the parking grace period. Unfortunately i was given the incorrect information and was in fact outside of the grace period by 4 mins. Also i didn't get any previous letters or i would have resolved it through the gym had i have known. I will not be able to use signage as a defence as it is well documented in the CP, which is why i enquired about it.

Floco

@Quentin
Is FAQ post #2 the one that begins:
12th Jan 14, 6:42 PM
SMALL CLAIM? START A THREAD PLEASE (UNLESS YOU ALREADY HAVE ONE ABOUT THE SAME PCN) BUT PLEASE ONLY AFTER READING THIS AND DOING THE ACKNOWLEDGEMENT OF SERVICE ('AOS') FIRST.

IF YOU HAVE AN OLD THREAD, PLEASE REPLY ON IT, DON'T START ANOTHER ONE.

if not can you guide me to the correct one. thanks

Quentin

Yes you have it

Le_Kirk

Floco wrote: »

My issue is that i knew it was there and i asked if i needed to use the parking eye machine but was told no as i was within the parking grace period. Unfortunately i was given the incorrect information and was in fact outside of the grace period by 4 mins.

This is called promissory estoppel, look it up and then search the forum using promissory estoppel as your search words and change the radio button from threads to posts.

Floco

Thank you all so much for this, i think i am just going to have to count my losses and pay as it seems all too overwhelming. Good luck with the fight! i will definitely recommend these posts to anyone else i know in a similar position.

KeithP

Floco wrote: »

I have since received a Claim Form from the County Court Business Centre (issue date 1st July)...

I submitted the AOS whilst I researched this further.

I phoned up the court yesterday because I just needed to speak to someone, and was informed that according to the date of issue I have until tomorrow (the 3rd| August) to submit my defence.

The CCBC are wrong to say that your Defence must be filed by tomorrow. Yes, tomorrow is the calculated due date, but as tomorrow is a Saturday, a non-working day, you have until 4pm on the next working day to file your Defence.


With a Claim Issue Date of 1st July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 5th August 2019 to file your Defence.

You have all weekend to produce a Defence.


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.