Parking Eye - County Court Claim Form Received

hatman404

Is it fine to sign it in PDF? I'm struggling with scanner 

Redx

You can sign a white piece of paper in black ink , or the N1 claim form with signature if you like , preferably with the date too

Take a picture or scan it instead , add it to your pdf as a digital signature , Google those 2 words to find out more

Use a digital camera or mobile phone to take the picture , or use a scanner

hatman404

I've signed it digitally in Adobe Reader.
I want to send the final version today. 

In the county court

 

Claim No: XXXXXXXXX

 

Between:

 

XXXXXXXXX

 

-and-

 

XXXXXXXXX

 

 

 

 

 

________________________________________

DEFENCE

________________________________________

 

 

 

1. This claim refers to a private parking charge notice (PCN) relating to a day when the Defendant was authorised to park.

2. The Claimant has no cause for action based upon the facts of this case. Any breach of contractual terms are denied, and it is further denied that there was any agreement to pay the Claimant any 'parking charge' or any sum at all.

2.1 It is admitted that the Defendant was the registered keeper and driver of the vehicle in question at the time of the alleged incident.

3. The Defendant made all reasonable efforts to abide by the terms and conditions of the Car Park and was using the Parking facilities at this time whilst shopping at Asda, only, which is the sole purpose of the facilities.

3.1 The defendant also wishes to highlight the 4 hour maximum implemented by many of the carpark facilities at other Asda shopping centres in the area, for example Harpurhey Shopping Centre, Manchester, M9.

4. In making this claim against the defendant the claimant must reference 'The British Parking Association Code of Practice - Version 7'. Section 13.4 states the claimant should allow the driver "a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.” The defendant considers, given this was peak shopping period on a Saturday, the penalty levied by the claimant is unresonable in consignance of the period of 12 minutes claimed.

4.1 Further to this, the signage located in this car park does not make it clear that you must leave the entire premises within the permitted stay period. Indeed the final image is of the car in moving traffic, waiting to leave onto a main road, and the car was certainly not parked in a bay for longer than the reasonale grace perios refered to above.

4.2 This exact scenario has been tested in the County Court before, and a transcript will be produced which (whilst not binding precedent) is on all fours with this case, namely (3JD08399) Parking Eye v Ms X at Altrincham 17/03/2014, where it was held that driving around the car park was not classed as parking.

 

 

4.3 In Jolley v Carmel Ltd [2000] 2 EGLR -154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms.

5. The Defendant avers there was no mention of a charge being issued during a 'grace period' (either before or after permitted time). Nothing warns a reasonably circumspect driver that he/she must guess the undisclosed ANPR timeline when they passed the threshold of the site.

5.1 The bar for clear parking terms on signage was set by Denning LJ in J Spurling Ltd v Bradshaw [1956] referring to the well-known 'Red Hand Rule' where hidden/unknown terms were held to be unenforceable: ''Some clauses which I have seen would need to be printed in red ink, and or, with a red hand pointing to it before the notice could be held to be sufficient.''

5.2 It is impossible to read the terms on the signage of the site due to the size of the text and the height of the signs.

6. Further, this Claimant has taken no steps to provide evidence that they were entitled to pursue drivers for a penalty for the time spent driving around the one-way system before completely leaving the site and passing the ANPR camera upon exit. Even if the landowner contract allows for this, it is an unreasonable and unenforceable term, akin to charging a person at the point of joining a queue (to leave the premises).

7. The defendant denies the claim in its entirety voiding any liability to the claimant for all amounts claimed due to the aforementioned reasons. The Court is invited to dismiss the Claim, and to allow such Defendant's costs as are permissible under Civil Procedure Rule 27.14.

I confirm that the facts in this defence are true to the best of my knowledge and belief.

 

 

Name

Signature

Date

 

hatman404

also I've got a respond from PE enforcement 

Dear Mr X,

 

Thank you for your correspondence received in relation to claim number XXXXXXXXX.

 

We recently sent you a Letter Before Action, which informed you that the above Parking Charge remains outstanding and had now been processed for further action. This is because we had not received an appeal or payment from you within the time period stated on the first Parking Charge Notice.

 

This notice informed you that all appeals should be put in writing and submitted to ParkingEye within 28 days of our initial correspondence. Appealing at that stage would have also given you the chance to lodge a further appeal with POPLA (Parking on Private Land Appeals Service) had your appeal to ParkingEye proved to be unsuccessful.

 

Please note that the time to lodge an appeal has now passed and we would advise you to follow the instructions provided with the claim form, wherein you may make payment or submit a defence.

 

Payment can be made by telephoning our offices on 0330 555 4444, by visiting www.parkingeye.co.uk, or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.

 

Yours sincerely,

 

ParkingEye Enforcement Team

hatman404

My defence has been received yesterday. Shall I wait for DQ letter now? 

Le_Kirk

The CCBC would, during normal times, send a copy of your defence to the Parking Company who would then have 28 days to decide to proceed. After they inform the CCBC that they will proceed, your DQ would be issued.  However, you can download a DQ if so desired.
If you scroll up the thread a bit and find a post by KeithP on 4th March at 7.39 p.m. he gave you a link, if you follow that link, there are instructions about the DQ on there.

Redx

Yes , which could be weeks or months , so keep checking MCOL

Or

Download your own , fill it in and email it to the CCBC , like the newbies thread tells you

hatman404

I've received DQ letter. I've filled it up as it tells in The Newbies thread.
As I understand I should e-mail it to ccbcaq@justice.gov.uk and post it to claimant, is that right? Should I attach anything else?

KeithP

Re-read Le_Kirk's 26 March at 2:30PM post.

Especially this bit:

Le_Kirk said:

If you scroll up the thread a bit and find a post by KeithP on 4th March at 7.39 p.m. he gave you a link, if you follow that link, there are instructions about the DQ on there.