Parking Eye - County Court Claim Form Received

Redx

Read the post by KeithP to see how to submit a defence , by email , not by post
No paperwork is submitted by post , not yet

hatman404

If I send that to P/Eye through their website and on their email enforcement@parkingeye.co.uk would that be the right first step?

[MY FULL ADDRESS]

21/03/2020

Without prejudice, except as to costs

Parking Charge Notice - Notice to Keeper [ref number]

This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

On 30/11/19 I was the registered keeper of a [my car make and model] registration number [reg plate].

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter. 

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim.

Please explain on which of the following grounds your claim is based:

(i) Damages for trespass

(ii) Damages for breach of contract

(iii) A contractual sum

2. Your loss.

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.

3. Your status – the creditor.

Your Parking Charge Notice - Notice to Keeper simply mentions Parking Eye LTD. Please tell me who is the actual creditor making this £70 parking charge demand. I need to know exactly who is making the claim and in what capacity.

4. Ownership of premises.

Please tell me who owns the car park as I wish to send them a copy of this letter.

5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

6. Signage.

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.

7. Summary

I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper. 

If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

Yours

[my full name]

hatman404

Can anyone respond is that correct please? 

Le_Kirk

What are you hoping to gain by sending that to PE - genuine question?  You have a claim form, meaning they have instigated the small claims process, you have completed the AOS and should be writing a defence.

D_P_Dance

I have just recd an SAR from Dixons/PC World, it goes back 20 years.    

Le_Kirk

D_P_Dance said:

I have just recd an SAR from Dixons/PC World, it goes back 20 years.    

No, you've lost me!  SARs weren't around 20 years ago and why would they be submitting a SAR to you ?

KeithP

And why have you headed that letter "Without prejudice, except as to costs"?

Do you know what that means?

Fruitcake

If you are defending as keeper and don't want the PPC to know who was driving, then you need to edit your defence where you have implied who was driving.

Fruitcake

Parking Eye do not as yet add on fake additional costs, so those parts of your defence at 8, 9, and 10 should be removed.

Was the NTK PoFA compliant? If not then you should remove all occasions where the driver has been identified. If it was, then it doesn't matter.

hatman404

So is it too late/there's no point writing to P/Eye for SAR? I should write a defence straight away?