Southampton Leisure World Parking Eye Unfair PCN

cici1988

Coupon-mad said:

It was down to them to carry out manual checks immediately, to avoid issuing PCNs at all where a payment was made and the VRM recorded by the keypad was reasonably able to be attributed to that car.   A typo should not result in a PCN at all.

There is a paragraph you can add to your defence, that is in the template defence for NON ParkingEye cases. The end bit, about lack of fair ADR.

Use that section to explain why you should not be adversely judged for not engaging with the parking industry's self-serving, non-independent and effectively a 'consumer failure' of competing and 'blink and you miss it' narrow scope Appeals Services that are now being replaced by Government.

Thank you, I am editing the template to suit my case but I do not have anywhere near as much to include as the template does. Will this matter? I haven't had any response from the landowner. I have had a response, only yesterday from Odeon who have said that they are unable to help as they do not employ the parking agency, I can't pop in there to speak to a manager to see how often this happens as the entire complex has since closed down. Still awaiting response from my SAR, today will be day 14 since request was sent, but doubtful that I will receive anything. 

Le_Kirk

You only need to edit a couple of paragraphs from the template defence, the rest remains as it is.  Just amend paragraphs 2 & 3 to suit your circumstances.  Show us YOUR amended paragraphs only.  But don't forget to add the rest back in before submitting to the e-mail address as found in the template.  Anybody (including PPCs) have 30 days to respond to a SAR.  If you do not receive anything after that, then complain to the ICO.

cici1988

The template that I have used is one that relates to a parking charge due to a customer missing the keypad to enter a registration, found on the newbies thread written by coupon mad, does this sound like the correct one I should be using? most of the points in this template are fairly particular to pointing out that signage/ keypads were inadequately displayed which don't fit with my claim. 

So far.... I have just either this paragraph to use, along with some of the template points, or the bulleted version. 

"The driver was a genuine paying customer on site at the Odeon branch in Leisure World Southampton on the date of the alleged parking breach of contract, with supporting evidence of purchases of food and cinema tickets bought on site. The driver distinctively remembers entering the car registration number into the device mounted on the wall of the Odeon, as instructed by a member of staff, before having cinema tickets scanned and entering the screen. On receipt of the initial PCN, it was assumed that the PCN was a scam. Afterall, the driver is confidently aware that instructions were followed correctly, so there was no way this could be a real PCN. If the driver was made aware in the first instance that a minor or major keying error had occurred, it would have been believed and understood instantly. It is the car parking operator’s duty to ensure that inadvertent errors do not lead to unjustified charges, under the BPA Code of Practice, and the Governments Private Parking Code of Practice. The driver had not been made aware of the keying error until after the County Court claim had been acknowledged, and still has not been made aware of the extent of the error. "

OR

"Background - the driver was an authorised patron of the onsite business

1.     The defendant is the registered keeper of the vehicle in question. The claim relates to an alleged debt arising from the driver’s alleged breach of contract, which is denied. 

2.     The allegation originally appeared to be that the driver did not enter the car registration details, which lead Parking Eye to believe the defendant was not a customer on site. It was later told to the defendant, that a ‘dissimilar’ registration was entered. 

3.     The defendant has proof of being a paying customer on site of the alleged breach with bank statements to prove purchases of tickets and food corresponding to the date of the parking charge notice. 

4. The claimant should have applied the BPA Code of Practice and the Governments Private Parking Code of Practice which covers ‘keying errors’ which would have lead to a lower, reasonable charge to be offered.

The next section in the template is "unclear terms - unconscionable penalty relying upon a hidden keypad" which I don't believe is suitable for me, and im unsure what I could write in place.  

Le_Kirk

Yes that has been used before and I missed the fact it was a ParkingEye car park  The template defence can still be used but it is heavy on the additional "debt admin" fees that PE do not use, so continue with the one you found in the NEWBIE.  You can still use the template for guidance, format and style just not anything about additional fees.  Why did the driver not enter VRM details? Was the keypad missing/concealed?  Was it a fact that the driver did (try to) enter the details but the keypad failed?

1505grandad

For clarity  -  this is ParkingEye case.

Coupon-mad

Yep.  I wouldn't use the template as it is so heavy on banned costs.

Use the ParkingEye defence examples in the NEWBIES thread plus the little added bit I advised you to go get from the template defence (about no ADR worth trying).

As the PE defence examples are quite old, make sure you end with the longer statement of truth (see Template Defence or Google 2020 defence statement of truth changed.

A PE defence will always be shorter than one that goes to town about added fake costs.  PE's added fees are OK and not challengeable.

cici1988

Coupon-mad said:

Yep.  I wouldn't use the template as it is so heavy on banned costs.

Use the ParkingEye defence examples in the NEWBIES thread plus the little added bit I advised you to go get from the template defence (about no ADR worth trying).

A PE defence will always be shorter than one that goes to town about added fake costs.  PE's added fees are OK and not challengeable.

ah, I thought this was the parking eye one, I could see that the main defence case on the newbies thread was not suitable for Parking eye, then I saw this template along with another template.. ill have another look. thanks!

cici1988

is anyone able to copy a direct link of the template for parking eye defence? I cannot find it on the newbies thread, just two example defences including the one about the hidden iPad. 

Coupon-mad

They are the examples.  You've found what you need.  There is no template needed for ParkingEye ones.  

You can look at the Template Defence for non-PE ones to see what the 'top and bottom' (headings and statement of truth and maybe the intro paragraphs look like) but don't use all the middle stuff about added pseudo debt collection fees.

You could use the lack of ADR paragraph and lack of landowner authority (from the non-PE template) if you want.

Le_Kirk

There are two PE defences and, if you have found the hidden keypad defence, the other is just above it.  If you cannot utilise the info from either of those defences, you can perhaps take some guidance on format and style from the template defence (obviously you cannot use the additional charges part) or the own space defences - obviously you will need to adapt it to suit your circumstances.  Maybe there is some help here: -

A defence is a series of short punchy legal/technical arguments in the third person.  The arguments should be used to refute what is claimed in the POC.  Using the standard non-ParkingEye defence template, paragraph #1 is not edited, paragraph #2 states whether you are keeper and NOT the driver or keeper AND driver.  An own space defence is best defended as keeper and driver as you can then give an honest first person account in the witness statement.  A defence as "not driver" is best if  a) you weren't the driver and b) the PCN failed POFA.  Paragraph #3 is used to set the scene for the judge and explain that you deny not paying/overstaying/not displaying/not having a permit/not having a blue badge (or whatever the POC states) and, provided you have opened the door with those arguments, you can tell the whole story in the narrative that forms the witness statement along with the evidence that backs up the defence.  Just write section 3 in your own words and one of the regulars will critique it for you; resist the temptation to write War & Peace.

I have just gone back and read your first post again and it seems a shoo-in for the hidden keypad defence.