ParkingEye

wooddm

Does anyone have a definition of "parked?" My daughter drove onto a car park with an ANPR system. She found a parking bay and using her mobile app tried to pay the parking fee. She has keep the resulting text messages, but the system asked her to register, which she did, tried to pay but said there was an error and she had to phone. She tried to phone but wouldn't connect, so she drove back out of the car park to find alternative parking. She never got out of her car and there was no one else with her. In total she spent 11 minutes 19 seconds in the car park. She has retained the text messages and a copy of her phone bill confirming the text to the automated billing service. She has been hounded by Parkingeye and she wrote to them to dispute the charge and today she received a county court claim for £175. This seems to be grossly unfair as she was trying to do the right thing and couldn't pay and so left. So my question is, has she committed a "parking" offence?

Coupon-mad

Does anyone have a definition of "parked?"

You don't need it.

Please read the NEWBIES thread, this is something to address at POPLA stage. The NEWBIES thread gives you the template you need to get to POPLA.

No link needed, see my signature asking everyone to please read that sticky FAQS thread first, and where to find it.

Redx

no she hasnt committed any offence, but she may have broken the private parking rules by staying too long on site without payment, meaning she may have entered into a parking contract for which she was invoiced and she ignored it , hence the court claim

the court claim is for a breach of contract (a civil court claim)

the BPA CoP defines grace periods, but a judge might decide in her favour because she left when she could not meet the parking rules , namely frustration of contract


all this should have been appealed at the time and taken to popla


what is the ISSUE DATE from the top right of the claim form

fisherjim

Coupon-mad wrote: »

You don't need it.

Please read the NEWBIES thread, this is something to address at POPLA stage. The NEWBIES thread gives you the template you need to get to POPLA.

No link needed, see my signature asking everyone to please read that sticky FAQS thread first, and where to find it.

I think she's missed the boat CM this is at MCOL stage by the looks of it!

Coupon-mad

today she received a county court claim for £175.

Missed that bit due to reading the rest about a definition of parking!

OK so what's the issue date of the claim?

Clearly this is about lack of grace periods and the failure of an app, and there is an example defence in post #2 of the NEWBIES thread about that scenario.