Parking Fine - Parkingeye - Campanile Hotel - Parking without Authorisation - No Spaces available

project_funky

Hi All

I received a parking ticket from parkingeye for parking in a bay for 50 minutes without a ticket. It was captured on ANPR and they have a photo of my car entering and leaving the car park

Here’s the story

I intended to stay in the car park whilst I was staying over at a friend’s flat in central Manchester where there is little parking available. My friend advised me to use the campanile hotel car park as it was relatively cheap and close to his flat.

I arrived, parked up and entered the hotel to ask about the parking arrangement. The host there gave me a website to visit to book a car parking space and pay for parking. There was a big queue to see them, so this added to the amount of time I was there. I figured as it was dark and cold, I’d resolve this at his flat. It’s a 10-minute walk to get into his flat and when I got there started to fill out the form only, I couldn’t book a space as there were no free spaces according to the website. I tried a few more times hoping it was a mistake, but it wasn’t, and I had to go back to the car and move it to another carpark. The total time I was in the carpark came to 50 minutes according to Parkingeye and this is the basis of there fine.

The particulars of the claim in the claim form are

“Particulars of Claim

Claim for monies outstanding from the Defendant in relation to a Parking Charge (reference *********) issued on 14/12/2021. The signage clearly displayed throughout Campanile Hotel Manchester, 95 Ordsall lane, Regent Road, Manchester, Mo 4RS states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including authorisation being required for parking, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle ****** entering and leaving the site on 10/12/2021, and parking without authorisation. Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach. “

They sent me a few letters but I just ignored them hoping they’d drop it - but I’ve as of now received a Claim form in the County court business centre Northampton.

The claim was issued against me on 30/05/2022 and I have completed the acknowledgment of service which I submitted on 11/06/2022 for the 28-day extension.

I have also sent a SAR using the form on Parkingeye’s privacy page as I’ve disposed of the previous letters they’ve sent me. Is it worth sending an email to their litigation team - are there any template letters I can use for this?

 

I understand this is my todo list to contest the fine

(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).

Is there a good chance I can avoid this £185 charge, I’m feeling a bit overwhelmed with all the information and exceptions?

Thanks in advanced for any replies 

Le_Kirk

Have you written and submitted a defence?

project_funky

Hi le_kirk,

I haven't started that part yet, no 

Le_Kirk

In which case you need to add it to your To Do list before DQ and WS.  Have you seen the defence template which is one of the announcements on the front page of the forum?

project_funky

there is a thread titled Template defence to adapt for all parking cases where they add false admin costs - edited March 2022 but i can't see anything for parkingeye. I'm reading through the  in the The Parking Tickets Board Sticky at the moment

project_funky

okay i've mised the opportunity to use the PD so I have to go straight to the defence template

Fruitcake

project_funky said:

there is a thread titled Template defence to adapt for all parking cases where they add false admin costs - edited March 2022 but i can't see anything for parkingeye. I'm reading through the  in the The Parking Tickets Board Sticky at the moment

What happened when you complained to the hotel manager/CEO? That is always Plan A, and it's never too late to get a landowner cancellation.
Don't bother with the Parking-Letter Before Claim thread Fightback thread, it's eight years out of date, and in any case it's for the stage before a claim is issued.

You can base your defence format on the template defence but omit anything to do with fake add on amounts, or look at a few other ParkingEye threads where a court claim has been issued.

Para 3 should include "frustration of contract" and "contract void for impossibility", since you couldn't pay due to a fault with the booking system that prohibited you from paying.

project_funky

Fruitcake said:

What happened when you complained to the hotel manager/CEO? That is always Plan A, and it's never too late to get a landowner cancellation.

 
I haven't gone down this route as I wasn't using the hotel just it's parking, but good point I agree it's definitely worth a shot. Would you recommend i call the hotel or are emails the way to go?

Coupon-mad

ParkingEye defence examples are still in the NEWBIES thread.

I'm reading through the Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread in the The Parking Tickets Board Sticky at the moment.

Stop and bin that. It's VERY out of date and it is not a sticky thread.  It should not be read now and is not linked in the NEWBIES thread, I hope?

Also if you have a court claim, you are not at LBCCC stage.

Fruitcake

project_funky said:

Fruitcake said:

What happened when you complained to the hotel manager/CEO? That is always Plan A, and it's never too late to get a landowner cancellation.

 
I haven't gone down this route as I wasn't using the hotel just it's parking, but good point I agree it's definitely worth a shot. Would you recommend i call the hotel or are emails the way to go?

Everything needs to be in writing, but you can sound things out with 'phone calls first, and hopefully find the right person who can help, then follow up with an email beginning with something like, "Further to our recent telephone conversation ..."

Hotel manager and/or the CEO should be your starting point. Make some crib notes first so you don't forget to say something important. You will need the date of the alleged event, PCN number, claim number, and vehicle VRM as well.

KeithP

project_funky said:

okay i've mised the opportunity to use the PD so I have to go straight to the defence template

What's the PD?

project_funky said:

I’ve as of now received a Claim form in the County court business centre Northampton.

The claim was issued against me on 30/05/2022 and I have completed the acknowledgment of service which I submitted on 11/06/2022 for the 28-day extension.

With a Claim Issue Date of 30th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 4th July 2022 to file your Defence.

That's over three 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.