Parking Eye/Good2Go Notice and mediation

Coupon-mad

The parking fee of £1.20 for the second parking event on 22 December was successful (see attached)".

That is weird!  And great evidence that this parking firm can and did try again and take the money and could have done the same with this event.

I'd make more of this in your WS.

I would not do Mediation.

hc80

@Coupon-mad @KeithP A quick update on my situation:
After receiving a copy of Parking Eye's DQ (N180) which was blank, I have waited to see what happened next. Two days ago I received a letter from PE " We write regarding the above referenced Parking Charge and the subsequent County Court Claim, wherein we are seeking to recover the sum of £205. We are now in receipt of further information and can confirm that we have considered the same, although we note that this information was not brought to our attention at the earliest possible opportunity. Bearing in mind the circumstances outlined and in an effort to bring this matter to a conclusion without further cost to either party, we can confirm that we are prepared to accept the sum of £155 in settlement of the outstanding claim" Payment needs to be made within 14 days.
Today I have received the Notice of Proposed Allocation to the Small Claims Track letter from CCBS. Looking at previous threads I can fill this form in to say that I do not agree to mediation but agree that it should go to the small claims track.

As I was late to discovering this forum and I had put a defence together (which appears earlier in the thread) so my query now is whether it is too late for me to go back to earlier advice in the Newbies thread and request a SAR and email Parking Eye's litigation team (will this help in the long run if I end up going to court). I have tried to track down the landowner (local property developers) but the land seems to have changed hands. Also Good2Go, who's payment app failed to take my £1.20 payment, are no longer the providers on that land. Guidance gratefully received. Thanks

Coupon-mad

Write by email* and ask for full disclosure of this secret information, and make a counter offer that you both 'drop hands' and the claim be discontinued with no costs for either party.

* 
enforcement@parkingeye.co.uk

hc80

Coupon-mad said:

Write by email* and ask for full disclosure of this secret information, and make a counter offer that you both 'drop hands' and the claim be discontinued with no costs for either party.

* 
enforcement@parkingeye.co.uk

I did wonder if they would have received a copy of my defence statement that was sent to the court as part of the Acknowledgement of Service and that that was the "further information" that "was not brought to our attention at the earliest possible opportunity" ie as an initial appeal? Otherwise, as you state it's secret information that I have not been party to! I will put something together along the lines you suggest. Also interesting that the original amount being sought on the Claim Form was £185 (£100 claimed + £35 court fee + £50 legal rep cost) and it is now £205.

hc80

@Coupon-mad Another quick question - going through the newbie thread relating to filling the N180 there appears to be a new question on my form that is now D1 Suitability for determination without a hearing - do you consider that this claim is suitable for determination without a hearing ie by a judge reading and considering the case papers, withness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision? If No, please state why not. What would your advice be on this? Thanks

Umkomaas

hc80 said:

@Coupon-mad Another quick question - going through the newbie thread relating to filling the N180 there appears to be a new question on my form that is now D1 Suitability for determination without a hearing - do you consider that this claim is suitable for determination without a hearing ie by a judge reading and considering the case papers, withness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision? If No, please state why not. What would your advice be on this? Thanks

https://forums.moneysavingexpert.com/discussion/6364201/new-questions-on-the-n180-form/p1

hc80

@Coupon-mad @Umkomaas @KeithP thankyou for your previous assistance. Having read the above thread I am now filling in the box - Suitability for determination without a hearing (No) - with the following wording:
"I object to the case being heard "on the papers" as it seems to give a disproportionate advantage to a legally represented party (ie Parking Eye), who have a reputation of intimidating and aggresive demands. The claim constitutes an abuse of process in that an unrecoverable sum dressed up as "debt collection costs" has been added. I wish to defend my case in person to be able to explain the extenuating circumstances and counter any misinterpretation by the claimant, which I would not be able to do "on the papers".

I have now also received a Notice to Proceed with a reply to the defence from Parking Eye which I have attached. They are glossing over the fact that I was completely incapable mentally to respond to any of their correspondence (and I have evidence to that effect that they have seen), but that it is to be expected given their bullying tactics. Any further guidance gratefully received.

hc80

Please help with interpretation of letter from County Court in relation to case with Parking Eye where I am the defendat and they are the Claimant , I have been awaiting a date for a hearing in small claims court and have just received a letter from the court that says:

It is ordered that:
1) The Defence is struck out pursuant to CPR 3.4(2)(a) as it does not disclose any reasonable grounds for defending the claim
2) This order was made of the District Judge's own initiative (CPR Part 3.3(4)). If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it (CPR Part3.3(5)

Umkomaas

hc80 said:

Please help with interpretation of letter from County Court in relation to case with Parking Eye where I am the defendat and they are the Claimant , I have been awaiting a date for a hearing in small claims court and have just received a letter from the court that says:

It is ordered that:
1) The Defence is struck out pursuant to CPR 3.4(2)(a) as it does not disclose any reasonable grounds for defending the claim
2) This order was made of the District Judge's own initiative (CPR Part 3.3(4)). If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it (CPR Part3.3(5)

What did the Defence you submitted say?  It's been rejected and you'll need to pay a fee (with good grounds) to have the Judge's order changed (set aside). 

Let us see exactly what you wrote that the Judge determined did not show reasonable grounds for defending the claim. 

Coupon-mad

hc80 said:

Coupon-mad said:

How can it be nearly £300, given ParkingEye don't add false fees to their claims, only the capped sums allowed that are in the boxes on the right of the claim form? Is interest in the hundreds?!

Please tell us what the £ breakdown is in the Particulars of Claim on the left of the Claim form?

We don't suggest you agree to or attend a 'Mediation' phone call at all because it is pressure on you to settle. That is its sole purpose.

As well as showing us the POC please also show your EXACT defence you put in (verbatim but redacting any sensitive or personal info).

Many thanks for your reply
Apologies that should have said "nearly £200"  - I thought the final notice at £100 was added on top.
The CCBC Claim form states: Amount Claimed: £100, Court Fee £35.00, £50.00 - Total amount £185

Here is my defence statement (added were a list of 36 medical/counselling/pysychologist interventions between end of Nov and 18 April).

Thank you for the suggestion regarding mediation calls.

Defence Statement

On 21 December 2022, I believed that I had parked and paid the parking fee of £1.20 in good faith for around 30 minutes at ****** car park. For the past 4 years I have paid via the Good2Go app via top-up or automatic payments. This was a short trip into town with my son to choose his Christmas present at a nearby shop, we parked again the next day under the same circumstances and good faith to collect the item.

On 28 December 2022, having not engaged with my emails over the Christmas period, I saw an email from Good2Go stating that I needed to update my payment card as the payment for 21 December had failed. I realised that I had had a new bank card issued and that it was not the same card number as the previous one, so added the new card to my Good2Go account and believed that payments for 21/22 December would be paid.

On receiving a Parking Notice on 3 Jan I was very shocked and upset and therefore contacted Good2Go to try and sort the issue, but was informed it was not possible to do a manual correction and that I should appeal to Parking Eye. The parking fee of £1.20 for the second parking event on 22 December was successful (see attached)

Having been suffering from severe depression and anxiety for the previous few months, worried about finances as due to being signed off sick from work for 3 months, and now also facing a serious physical health issue, I was incapable of engaging with the parking issue any further. I was very stressed and could not face any potential conflict.

Each subsequent letter made my anxiety spiral and unable to deal with the matter.

On receiving the County Court letter, I have sought support from Citizen’s Advice and with their assistance, I have prepared this response and calendar of events below in order to defend my inability to engage with an appeal process whilst mentally and physically unwell. My mental health social worker has also filled in a Debt and Mental Health Evidence Form to support my defence.

I am having surgery for a full abdominal hysterectomy on Tues 2 May and will be too unwell to respond to any further correspondence for several weeks, and this is also causing a state of heightened anxiety. Further evidence of my physical and mental health conditions can be requested if required.

I have never disputed the fact that I owe the £1.20 parking fee and have tried to pay this on more than one occasion. I would be very grateful if you could review this defence and accept the extenuating circumstances.

Below is a timeline of events/interventions/appointments relating to my mental and physical health. I also have emails from Good2Go and a Debt and Mental Health form from my mental health social
worker. I have not been able to attach these documents to this defence particulars so will post everything to the County Court Business Centre.

This was the defence.

CAB are useless re private parking cases and should never be assisting someone to defend.  Look what their bad advice has done to you. Got your defence struck out.

ARRRGGGH - flipping CAB!  

Your only remedy would be to immediately apply for permission to amend the defence. Within the stupid 7 days allowed.

Do you qualify for help with court fees? Google it and check.  URGENT!

Otherwise the N244 application, to ask to amend your defence will cost £108.