Parkingeye overstay with breastfeeding

Fruitcake

Does the guide to court from the NEWBIES help with dates for submissions and court abbreviations/acronyms? Don't rely entirely on the courts. It is not unknown for documents/post to go astray.

DQ = Directions Questionaire. If you don't get one from the court, you can download one. I think it's form N180 but I'm not 100% certain.

There is a thread by Coupon-mad about edits for the NEWBIES so post suggestions there. It is not a simple task for her as she has to ask permission for the thread to be unlocked, and I believe she can only do that a few times a year, so edits are saved up to do in one batch.
There will probably be a load of changes after the government CoP public consultation period. 

Please watch out for that discussion thread in a couple of weeks and make sure you comment on the CoP to the powers that be.

Edit.

DQ is explained in the guide to court, and what to do if you don't receive one.

"Defence is NOT your only job, nor the only paperwork!
There will be:
(a) Directions Questionnaire (N180) stage - an easy form.
(b) Witness Statement & evidence and costs assessment stage.
(c) A hearing at your local court (or in 2020, a Telephone Hearing if your local Court Judge is working from home).

Some days/weeks after filing your defence, the CCBC will send you a DQ N180 form, that must be completed & returned to the claimant and the court, explained by IamEmanresu:
https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411"

nosferatu1001

Your LOCAL COURT will tell you the deadline for ws and other documents, when they tell you the hearing date
If you are missing any steps, chase them for it. Right now post is going missing and so its your job to check that you have everything
The Newbies thread has a complete set of steps, and the documents involved, so you know 
- what you should receive
- in what order
-> so you can chase if you dont get them. do not sit back and passively wait. Be ACTIVE in this. 
If documents go missing, you can lose. Again: if you fail to respond to a court order because it was lost in the post,  you are likely to lose the whole claim, and sorting it out will be time consuming. Do not let this happen to you, by knowing what documents you expect to get, and when, and CHASING THE COURT if you dont see them. 

Steparius

OUTCOME: This was heard in Chelmsford County Court.The Judge rejected Parking Eye's claim because there was no provision to pay retroactively. I can't remember the exact words but the idea is that PE's claim was for an overstay of +/-17 minutes but there was no way available (or signals describing how to) pay for the overstay.

Umkomaas

Steparius said:

OUTCOME: This was heard in Chelmsford County Court.The Judge rejected Parking Eye's claim because there was no provision to pay retroactively. I can't remember the exact words but the idea is that PE's claim was for an overstay of +/-17 minutes but there was no way available (or signals describing how to) pay for the overstay.

Great result. ANOTHER ONE BITES THE DUST. Especially PE at Chelmsford CC, Chelmsford (Riverside Retail Park) being the location of the car park in the infamous PE V Beavis Supreme Court hearing which changed a lot in private parking cases and sparked off the litigation gold rush.

Thanks for your initial feed back. Do you have any more detail to share please, such as ... the Judge's name, who did PE field to represent them, what did they have to say, what did the Judge have to say, did you have to speak, and what did you say?  This information really does help us to understand the courts' and Judges' thinking which in due course helps other motorists who inevitably fall foul of litigation-rampant PPCs. 

Good to know you've shaken off this unwanted pressure in your life, and just before Christmas.  Have a good one. 🥂

Coupon-mad

Great stuff.

Odd decision...one that could be appealed.

Steparius

The Judge didn't let room for appeal. They stated something like, if you want to appeal make it out of this Court (sorry, the exact words might have been slightly different) I had to go and pick my child from the nursery that day so my ex heard the sentence and I never received a printed copy of it. Is it possible to consult it online or ask for one?

The argument of breast feeding had to be dropped. But the fact that I really tried to pay retroactively and there were no indications in the signs about how to do it was the center of the argumentation and discussions. The other part argued that I should have call the operator and they would have informed me that buying some additional time would have be the equivalent of paying retroactively for the 17 minutes extras that I overstayed. But that didn't pass. There were no signs describing this and I am not suppose to be guessing.

There is a difference between paying for additional time (from the current time of buying a second ticket onwards) and paying retroactively for the overstay (from the end of our paid time until the current time of paying for the last 17 minutes that have just elapsed).  We had paid our initial ticket but we were delayed when we wanted to get out of the parking because we had to breast feed our baby, so the impossibility  to pay retroactively was the central argument (or absence of instructions to do so).

I don't remember the name of the Judge or the person representing PE, but I do remember that I completely felt the guy was working on commission, with a pre-scripted defence, and didn't felt like a profesional solicitor, just some poor devil trying to make some money with this. I'm also felt as if PE just sell the cases to these guys (as opposed to have actual solicitors on their pay roll) If they win, they take a cut, if they loose they just loose their time.

The Judge also asked if there were costs, which my ex denied because she knew nothing of the many hours that took me to prepare my case so I ended up with no claim for costs, (which would have been very sweet)  but at least didn't had to pay the charge. I will post more details if I find the folder where I kept all the documents. 

Coupon-mad

The Judge didn't let room for appeal. They stated something like, if you want to appeal make it out of this Court (sorry, the exact words might have been slightly different) I had to go and pick my child from the nursery that day so my ex heard the sentence and I never received a printed copy of it. Is it possible to consult it online or ask for one?

No, you can't get a written decision free.

The Judge meant he/she wouldn't grant leave to appeal but that doesn't shut the door on it.  The Claimant could seek leave to appeal from the area Circuit Judge (your Judge's boss) which was what was meant at your hearing.

Ah - I see you say it was
Westgate Department Stores 

53-57 HIGH STREET,
St Neots
Cambridgeshire PE19 1BT

A pay & display car park then, and you had paid for x hours already? 

Not the same as the Beavis case car park where parking was free and there was no tariff, yet he still got a £85 PCN that the Supreme Court out of touch rich Lords thought was fine and dandy (except one dissenting voice of reason).

Steparius

Indeed, it was a pay and display and I had pay for 2 hours. When we were to get into the car our baby had to be breastfeed. I went to pay for the extra 17 minutes but there were no option to pay retroactively for the elapsed overstay. I had still the ticket to prove that I've paid the first 2 hours.

I didn't knew the Beavis case parking was free and there was no tariff, that makes it even more infamous. It's hard for me to understand how these corsairs can operate with official sanction without thinking there might be some unofficial connections.

Thanks a lot for all your help, and I hope this thread can help others in similar situations.

1505grandad

Not forgetting that it all begins with the DVLA believing the other parking industry is whiter than white and worthy of all our data being given to them come what may.