Southampton Leisure World Parking Eye Unfair PCN

cici1988

Thanks guys much appreciated!

cici1988

Hi everyone! So today I have received a letter from Parking eye, about the court hearing, asking for dates/witnesses etc. I am super nervous now, I honestly was expecting the case to be dropped after submitting my defence. I Just cannot comprehend how they think it is okay to take me to court over this, but equally I am glad I didn't give in and just pay the fine. Am I actually going to have to go into a court to fight this?  on my letter it asks for witnesses, should I add my husbands name? He was actually the driver on the day, not that that makes much difference. 

Le_Kirk

Was the letter from ParkingEye or was it from the court?  Was it perhaps a DQ - N180?  If so, all part of the process, which you can find out by referring to the NEWBIE sticky.  Are you the named defendant and the registered keeper?  

cici1988

Yup,  N180 from Parking Eye, I am the registered keeper and the named defendant. 

Le_Kirk

That seems like it was the claimant copy of the DQ.  Advice in the template defence thread (accepted you might not have read it due to it being a PE case) is as follows: -

Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.
Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/comment/64350585#Comment_64350585
The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier CCBCAQ@Justice.gov.uk.  
Send a copy of your completed DQ to the Claimant (or their solicitor if they are using one).  Their postal address is on your Claim Form but you can find an email for them by searching this forum, or Google it, because a DQ sent by email is OK and then you know/can prove it's been sent.  

Check your status on MCOL to see if CCBC has sent you your copy of DQ - N180.

Coupon-mad

All you have there is their copy of their DQ.  Fully expected.  Of course they won't just drop it at DQ stage.  You simply fill in your one too, when the CCBC send it to you.

Why are you signing the one PE sent you?

You do need to re-read the links and info under the red heading: 'IMPORTANT - KNOW WHAT HAPPENS WHEN' which includes every tick box of the DQ.  The advice tells you not to fill in a pre-populated draft DQ form the PPC sent you.

You are feeling stressed because it looks to us like you haven't read enough to be prepared and are already going off-piste from our advice if you are signing their copy DQ, that probably doesn't even have your preferred court on it.

Stop going off-piste.  Slow down snd prepare.  Read the links and info under the red heading.  That's why it's in red capitals in the NEWBIES thread.

cici1988

Hi all, 

So after all of this I am at the end of my tether and want to give in and just pay up. Can I do this? i'm in the middle of moving house and pregnancy and not sure im in the position to cope with going to a court hearing while most likely heavily pregnant or parenting a newborn. I have a letter to complete asking if id consider mediation, is this something I should do?

Coupon-mad

No you shouldn't do it.  There is no risk and PE might still discontinue at any point.  Also you can pull out just before the hearing if they don't!

Basically, don't blink first!

Think of this money as your baby's money.  Why should PE take that from you? 

Presumably you got your N180 from the court and crossed out as unavailable, the entire 3 month period surrounding your due date?

If not, do that now - a new N180 with at least 3 months stated as unavailable due to having a baby, and an extra note saying when you are moving and what your new address for service will be.

Oh, and put your moving month as unavailable as well. Two weeks either side of the move, and again, put the reason why.

This new DQ goes to PE and your LOCAL court, not the CCBC who were just a doorway at the start.

You MUST make sure the local court and Claimant don't use your old address anyway so a fresh DQ is a good way to do it.

Also draw the new address and enforced unavailability to the court and PE's attention in the body if the email attaching the new DQ.

DO NOT AGREE TO MEDIATION.

PE's email is:

enforcement@parkingeye.co.uk

BTW...congrats on the baby news!

cici1988

Hi Everyone! Now in my new home and baby has arrived 2 weeks ago, its been a while since the claim has caught my attention! Today i have received the letter from PE to say that they are prepared to accept the sum of £70 to settle the claim. Should I contact them in attempt to get this price down? To be honest id happily pay the fair amount which i believe is something around £20 for the keying error. But £70 just seems to be back to square one. Could really do with the court hearing off of my shoulders, but equally don't want to give in now and hand over the £70 they're asking for. 

Coupon-mad

cici1988 said:

will take a look now. Thanks again. I have briefly typed up a quick response, which I will amend once I have read the Gov private parking code as you have just mentioned. 

"Please can you clarify if this was a major keying error or a minor keying error?

Under the BPA Code of practice and Government Private Parking Code of Practice I  believe this should have been informed, it is your duty as the car parking operator to ensure that inadvertent errors do not lead to unjustified charges."

or should I just end correspondence with P.E now and leave the rest to my defence? 

What response did you get to this?  Are we talking one digit, or what?

If you didn't ask, then send the above now to the email address I gave you earlier in the thread.  You could always counter offer £20.