Parking Eye parking fine county court claimput my reg in

morrispd

I got a parking ticket through the post from parking eye for parking at a leisure centre that had no charge.  I was a member of the leisure centre at the time and when parking you just put your registration in on a screen in the centre.  On this occasion I pulled into the car park to pick up my wife and kids and left 10 to 15 mins later.  I didn’t leave my vehicle, I didn’t even pull into a space. I didn’t enter the leisure centre and so didn’t put my reg in.  I received the ticket and so appealed which was rejected.  Now we have the county court claim.  Particulars of the claim “the signage states this is private land, managed by parking eye and subject to terms and conditions including authorisation for parking, by which those who park agree to be bound (the contract). Parking eyes anpr system captured vehicle (my reg) entering and leaving the site on (date) and parking without authorisation.  The defendant had the opportunity to appeal to POPLA, the independent appeals service for parking on private land, but this has not been taken”
what are my next steps? TIA

KeithP

morrispd said:

Now we have the county court claim.

What is the Issue Date on your County Court Claim Form?

Too much use of the word 'I' in you post. It often isn't a good idea to reveal the driver's identity.

B789

morrispd said:

 I received the ticket and so appealed which was rejected.

KeithP said:
Too much use of the word 'I' in you post. It often isn't a good idea to reveal the driver's identity.

I fear that it is too late for that.

@morrispd, have you tried Plan A? Complain to the leisure centre (as high up the food chain as you can, not just customer services).

In the meantime, you will have to wait and see if PE decide to take you to court over the speculative invoice for the alleged breach of contract. Everything you need to know about the next steps is in the Newbies/FAQ thread near the top of the forum. Please go read it and read it again. Keep referring back to that thread every time you have a question before posting it on here as it is very likely that the answer is already in there.

fisherjim

On this occasion I pulled into the car park to pick up my wife and kids and left 10 to 15 mins later.  I didn’t leave my vehicle, I didn’t even pull into a space.

None of which is an appeal point you were bound to lose, you were parked according to the ANPR scammer's camera!

I didn’t enter the leisure centre and so didn’t put my reg in.

Is the only relevant thing you have said, and as a member you should have known will be their accusation along with the on site signage.

As stated the only way now you will get away with stopping a court case will be a cancellation from the landowner because PE will take this to the small claims court, and you will have a job on then to win against them with what you have said already.

Tell the leisure centre manager you will have to cancel your membership as you can't afford their parking charges.

Coupon-mad

I think they already have a small claim in which case they should defend it.l based on being a genuine user of the facility who was only picking up passengers, which is exempt activity and not parking and leaving the vehicle for a period of time.  This is confirmed by the Government in the new incoming statutory Code of Practice which the BPA told its members to comply with in 2022.

Not 'wait and see' because the OP has a claim.

And not pay it.

Please tell us:

- date of issue (top right of the claim form)?
- how much the claim is for (£200?)
- is a solicitor firm stated on the claim?

morrispd

 Date of issue of county court claim 30th May 2023
claim is £120, court fee £35, legal representative cost £50, TOTAL £205
claimant parking eye ltd, signed by legal representative Jayne leonard
parking date was 20/5/22 so not sure if code of practice you mentioned applied by then

KeithP

morrispd said:

 Date of issue of county court claim 30th May 2023

With a Claim Issue Date of 30th May, you have until Monday 19th June to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

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

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 3rd July 2023 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

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

Coupon-mad

morrispd said:

parking date was 20/5/22 so not sure if code of practice you mentioned applied by then

I wasn't saying it applied (it's not even law yet and it is currently stalled by Judicial Reviews) but it has leverage because it was published in Feb 2022, will become statutory by 2024 and it merely reflects and cements other consumer law in terms of 'fairness' that already exists.  And it reflects the rules that apply to Local Authority parking.

Picking up or setting down passengers IS NOT 'parking' and a driver involved in this indisputably 'exempt activity' cannot be reasonably expected to leave their car (which then would be deemed parked!) and go inside premises on foot, to seek out a keypad to exempt themselves when - had they stayed with their car and just picked up the passengers - they were not 'parked' anyway.  This is the problem with faceless ANPR auto-PCN machine technology and is not the fault of drivers.

Bottom line: There was no agreed parking contract, no terms seen or accepted in this scenario, and thus, there is no cause of action.  There is also zero legitimate interest in penalising a driver by £100 for picking up their children at this facility.  That would be absurd and would catch every parent and every taxi driver that comes and goes and takes more than 5 minutes to escape past the cameras.

morrispd

Hi, I have had the N180 form which is a little different than the guidance in the newbies thread, section D has question "suitability for determination without a hearing" do I tick yes or no and if no what is my reason? Thanks

B789

Tick "NO" and put this in the D1 box (Arial font 9pt will fit it in):

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing. 
I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

Coupon-mad

And while your case is quiet:

https://forums.moneysavingexpert.com/discussion/6463361/dluhc-private-parking-code-government-launches-call-for-evidence-discussion-thread#latest

Please please add photos as seen there!