Help with Parking Eye Claim Form

AJW1066

Hi, hoping someone can help.  I parked in what turned out to be a private car park back in May during lockdown, the church in question was closed with a sign to state all church activities were suspended, but Parking Eye's ANPR monitoring was in place still.  I then received a PCN, then a reminder, and I then replied with one of the MSE standard templates refuting the claim, providing evidence and stating that no further correspondence would be entered into.  I then received a reply to state my appeal had been declined by Parking Eye, but offering me a further grace period, which I ignored.  I've now just received a "Claim Form" from the County Court Business Centre in Northampton for £175 (£100 charge, £25 court fee, £50 legal costs).  I've seen lots of mentions of how to fight Parking Eye charges (and that it's slightly different with them) but can't find any specific threads that tell me what to do next as I intend to fight this.  I've called CCBC who've confirmed that the paperwork is genuine (as it looked faked IMHO) and I believe my next step is to file a defence against the charge.  
Is that right?  And can someone point me to a good thread to provide templates of suitable defence reasons (such as inflated fees, no material loss to the church in question as they were closed with a sign on the door stating this, being in lockdown so no shops open, and car parks had all generally stopped charging, etc.).

nosferatu1001

Firstly, please use paragraphs
Horrible walof text

Have you missed the newbies thread? Top of the first page of the forum. Impossible to miss if youre using a laptop or tablet. 

Redx

Read the newbies FAQ sticky thread near the top of the forum , in announcements , read the second post

Parking eye should have issued a popla code when they rejected the appeal , did they ? , Did you fail to use it ?

Was the church in Newquay ?

No material loss to the church won't work

Did parking eye comply with POFA ?

If not , has the Driver been identified ?

What is the issue date from the claim form ?

Nothing in your post convinces me that you will win , in fact I predict that you will lose , unless you find a good legal loophole

Is your new line or new paragraph key broken ??

AJW1066

thanks RedX

I read the sticky thread announcement, and looked for the 2nd post, which down the bottom had a reference to Parking Eye, but it only referenced LBCCC and not the "Claim From" which I got, which seemed a next step down the process.  I'd already contacted the landowner to no effect, so hence asking for any added insight that others more experienced than this 'newbie' had.  
To answer your questions
1.  Gave me a POPLA no. but that timed out as in my ignorance I assumed it was little more than a false process like the initial 'appeal rejection'
2. Epsom, Surrey
3. Given that church was closed due to lockdown and completely empty I'd assumed that 'damages' in the form of inflated charges should bear some relationship to loss (of income, trade, clients, etc.)
4. No idea what POFA is I'm afraid
5. I've not identified the driver
6. If you fight the case and go to or make written representations to the hearing would you not get some sympathy from a judge who views such high 'charges' as scurrilous?

And apologies for those that I've offended with my lack of added carriage returns, in chrome on a MAC it seems to put an extra space after each line..!

KeithP

You missed one of Redx's questions:

What is the issue date from the claim form ?

AJW1066

Found POFA via Google, and looks like Parking Eye will have complied with POFA

AJW1066

7th September

KeithP

AJW1066 said:

7th September

With a Claim Issue Date of 7th September, you have until Monday 28th September to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 12th October 2020 to file your Defence.

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

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

KeithP

AJW1066 said:

Found POFA via Google, and looks like Parking Eye will have complied with POFA

Looks like??

Sorry, but you need to check the PCN line by line against the legislation to confirm whether it does conform or not. These parking companies make mistakes and it is up to the victim to find those mistakes - with our help of course.

Redx

The full claims process is discussed in that second post , plus some example defences  you can crib from

Google will answer acronym questions , plus the fifth post has acronym details

POFA is extremely relevant , because if they complied with POFA , plus if their signage is deemed adequate , plus if they have a valid landowner contract and authority , you have no case

The Beavis case put paid to the no loss argument a few years ago , plus private car parks were not free due to the pandemic , private land is exactly that

You need a legal argument that can win , or you lose like Beavis did

Redx

The full claims process is discussed in that second post , plus some example defences  you can crib from

Google will answer acronym questions , plus the fifth post has acronym details

POFA is extremely relevant , because if they complied with POFA , plus if their signage is deemed adequate , plus if they have a valid landowner contract and authority , you have no case

The Beavis case put paid to the no loss argument a few years ago , plus private car parks were not free due to the pandemic , private land is exactly that

You need a legal argument that can win , or you lose like Beavis did , plus in his case the charges were not deemed high at £85 , so anything up to £100 is not deemed high and is in the BPA CoP , has been for 8 years

Failing to use ADR using POFA is yet another stick they can beat you with