County Court Claim - ParkingEye- Defence-Wrong Reg?

Rusty_Rawplug

Good evening

Having ignored previous letters, Parkingeye have progressed it to County Court Claim. I've read the Newbies threads and have sent in AoS and am drafting a defence but need some advice as cannot find a suitable template that suits my exact defence (Maybe I cannot defend this scenario?!).

My situation is this:
- I am the registered keeper although I wasn't driving the car at the time.
- Parked in car park with ticket machine but also with free parking for Odeon customers.
- The driver watched film and inputted registration number on Ipad thing.
- Received PCN for parking without a valid paid parking ticket.
- We have bank statement showing payment for cinema ticket but that's it.

As mentioned above, I cannot find a thread which is relevant for defending inputting your registration but still getting a PCN?

I appreciate now I should have attempted to initially appeal but I've successfully managed to bat a previous demand by just ignoring the letters.
Any advice would be greatly received.

Thanks

KeithP

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
The MCOL claim history will have the definitive answer to that?

Rusty_Rawplug

Hello

CCCF Issue :13 Jan 20
MCOL: submitted on 25/01/2020 at 08:54:06 / received on 27/01/2020 at 01:11:30

Thanks

Fruitcake

What happened when you complained to the landowner and cinema manager?

Have you complained to your MP yet about this unregulated scam?

Have you read the guide to court yet written by bargepole in post 2 of the NEWQBIES.
There are seventeen court defences linked from there so find one that best matches your case.

What was the exact reason given for issuing the NTK? How wrong was the VRM entry?

Normal defence points will include,
Inadequate Signage
Not the landowner
No standing (no valid contract) to issue charges
Payment was paid
Non-PoFA compliant NTK.
BPA CoP failures. (The BPA have said that minor typos should not result in a PCN, so complain to the BPA about this.)
Anything else relevant.

If the driver's identity has not been revealed then edit your post to remove information about who drove/who went to the cinema.
Only ever refer to The Driver and The Keeper, who are two different people.

KeithP

Rusty_Rawplug wrote: »

CCCF Issue :13 Jan 20
MCOL: submitted on 25/01/2020 at 08:54:06 / received on 27/01/2020 at 01:11:30

With a Claim Issue Date of 13th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 17th February 2020 to file your Defence.

That's three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could 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. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

Having filed your Defence, there is more to do...

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread.
3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Rusty_Rawplug

Thank you both for the responses/advice/info.

In answer to the above Fruitcake:

- I didn't/haven't contacted landowner/manager as presumed now its at County Court Claim stage it was too late?
- I intend to complain to my MP.
- I have read the court defence templates but cannot find specific statements for inputting registration number but still being issued with PCN so will re-read to try and find those that relate to payment paid.
- The exact reason is stated as 'Parkingeye's ANPR system captured vehicle ****** entering and leaving the site on DATE and parking without a valid paid parking ticket. Pursuant to Sch 4 of the Protection Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach'
-The driver believes they entered the correct registration number before they watched the film after being advised by the cinema ticket sales person when they purchased the ticket.
- I will only refer to the Driver and the Keeper as you suggest.

As suggested, I will draft and post my defence for comment/critique.

Thanks again for all your help.

KeithP

Rusty_Rawplug wrote: »

- I will only refer to the Driver and the Keeper as you suggest.

Start as you mean to go on.

Perhaps the immediately preceding sentence should read:

-The driver believes she entered the correct registration number before she watched the film after being advised by the cinema ticket sales person when she purchased the ticket.

The_Deep

Read this

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

PE are losing cases in court due to their poor signs.

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

Rusty_Rawplug

Thanks for the info. I'm concerned now that the county court claim clock is ticking, time may be against me to complaint to my MP and get the charge cancelled but plan to complain once the process is complete.

With advice from above, I plan to base my defence on me being the registered keeper and not the driver and the driver correctly entering the VRN into the Parkingeye's VRN computer system and still being issued with a PCN. Thinking about this more, how can they challenge that the driver did or didn't enter the correct VRN into their computer system or even enter it at all? Surely it would be the drivers word against their computer systems??!!

Thanks again for the advice.

KeithP

Why do you keep on telling the world, including the parking companies who read this forum, who the driver is?

I really do not understand this.

Rusty_Rawplug

Because my defence is based on the driver being the patron of the cinema and having evidence of this on the drivers bank statement so it will be pretty obvious??