Parking eye court date - big mess!

mrso2012

So I had a ticket from parking eye which I had no idea about as they sent the letters to old an address as I moved literally the week after the incident (I overstayed by 14 minutes at a service station, didn't realise there was such a short stay limit) Anyway, by the time my mail got forwarded to me they had issued court papers for a CCJ. I replied with my defence statement and a court date was set for 26th June. 
Now obviously the world went to pot between then and now, I have had so much to deal with in the last few months due to the COVID situation that I totally forgot. Today I received int he post Parking Eyes witness statement. I should have put one of these in also I gather by last week which I haven't done. Does anyone know what happens now? Will I get fined or something for not submitting? I just want this out of my life as I can't mentally deal with anything else currently, what is the best thing to do here I'm happy to just pay it now to get it gone? Any advice please because I don't want to do the wrong thing any more than I already have here?

D_P_Dance

ParkingEye's sign leave much to be desired, read this,

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, 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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

 

Ralph-y

Hi,  and welcome to the forum....

to start with

please read through the    court section in newbies thread while you await any further help
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

" I replied with my defence statement"

what exactly did you say?

what is the issue date on the claim form ?

Ralph

Redx

Yes you should have read the court order and exchanged witness statements , plus Exhibits and your summary costs assessment as well

Exchanges are usually a fortnight or more before the court hearing, so you may be late , you won't be fined but can lose due to non compliance with the Court order

nosferatu1001

Sadly the court isnt likely to care. 
Get a witness statement in TODAY. You can put one together quickly. 
Well, not today. Tomorrow, by 4pm. 
No later.
No whining, prevaricating or moaning about anything. Its utterly possible to get it done. 

mrso2012

Ralph-y said:

Hi,  and welcome to the forum....

to start with

please read through the    court section in newbies thread while you await any further help
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

" I replied with my defence statement"

what exactly did you say?

what is the issue date on the claim form ?

Ralph

So this was my defence ...

Defence Statement

I am xx the defendant in this matter and registered keeper of vehicle xx. I

currently reside at xx

Defence

I deny I am liable for the entirety of the claim for each and every one of the following reasons:

The Particulars of Claim on the Claim Form are extremely sparse and divulge no cause of action nor

sufficient detail to file a full defence. In particular, the full details of the contract which it is alleged was

broken have not been provided. No further details from the Claimant outlining the particulars of claim

have been received.

The subject car park is, I believe, monitored by automatic number plate recognition (ANPR). I am aware

that the ANPR clock starts as soon as the driver passes through the line of sight of the camera. I would

ask how can any motorist agree to terms and conditions when they are still driving a car. They would

need to find a parking space, park the car, exit the car, read the terms and conditions then make

payment. The grace period cannot start when a driver is still in their vehicle looking for a parking space,

unaware of the grace period. The ANPR times entering and leaving are therefore incorrect and do not

allow the 10 minute grace period as detailed in paragraph 13 of the BPA Code of Practice. Furthermore

the Claimants signage makes no reference whatsoever to a grace period and therefore I would again ask

how any driver is supposed to know this.

I would refer to County court Case B7FC00H1 – Parking Eye v Mrs B - before District Judge McKinnell at

St Albans. Judge McKinnell commented that ParkingEye's signage only talks about ‘parking’, and doesn’t

claim that the clock starts ticking once you pass the ANPR cameras. I consider the same situation has

occurred here. The Claimant has not factored in finding a parking space, parking, reading the terms and

conditions and making an informed decision before paying. The Claimants action in issuing a PCN is

clearly incorrect as determined in court.

The signage in the car park does not comply with the BPA Code of Practice.

The driver was resting. It would be foolish to continue driving whilst tired as the motorway signage

dictates.

The Claimant did not send a Letter before Claim which is not compliant with pre action protocols. As I did

not receive a letter I consequently did not receive the Annex forms and was therefore unable to request

the relevant information required to both defend my position and mitigate court time.

Para 7.1 of pre action protocols states that “If a matter proceeds to litigation, the court will expect the

parties to have complied with this Protocol. The court will take into account non-compliance when giving

directions for the management of proceedings

I request permission to amend my defence once the Claimant clarifies the basis of their claim.

I confirm that the above statements and facts are true.

mrso2012

nosferatu1001 said:

Sadly the court isnt likely to care. 
Get a witness statement in TODAY. You can put one together quickly. 
Well, not today. Tomorrow, by 4pm. 
No later.
No whining, prevaricating or moaning about anything. Its utterly possible to get it done. 

Yep fully not expecting them to. Their witness statement is 30+ pages, I have zero idea what to write if I'm being totally honest, any pointers on where I can look for a guide? I can't seem to find anything online that I actually understand

Redx

Read the second post of the newbies FAQ sticky thread , a few witness statements in there to crib from

Also read recent 2020 court cases on here , plenty in those too

Everyone else who comes here is told to do the same , then post it for checking , your court told you this month's ago when they wrote to you

Castle

mrso2012 said:

So I had a ticket from parking eye which I had no idea about as they sent the letters to old an address as I moved literally the week after the incident (I overstayed by 14 minutes at a service station, didn't realise there was such a short stay limit) Anyway, by the time my mail got forwarded to me they had issued court papers for a CCJ. I replied with my defence statement and a court date was set for 26th June. 

Was this a motorway service station?

Le_Kirk

For Witness Statement (WS) help, look at the NEWBIE sticky second post and you will find links to some WS examples that you can use for style and format help.  A WS is "in support of my defence as already filed" and is a narrative of what happened on the day and subsequently.  It is written in the First Person ("I") in your own words.  It is also the opportunity to provide evidence in support of arguments you have used in your defence and in your WS
The statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Use this link to take you to the NEWBIE sticky second post, scroll down until you come to here: -

Once allocated to your local court, you WILL be given a clear date by which YOU MUST file the evidence ('exhibits') and any Witness Statement (i.e. yours - YOU are the witness).
At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which should at least include:

mrso2012

Castle said:

mrso2012 said:

So I had a ticket from parking eye which I had no idea about as they sent the letters to old an address as I moved literally the week after the incident (I overstayed by 14 minutes at a service station, didn't realise there was such a short stay limit) Anyway, by the time my mail got forwarded to me they had issued court papers for a CCJ. I replied with my defence statement and a court date was set for 26th June. 

Was this a motorway service station?

Yes it was. Birchanger, M11