N180 form from Parking Eye

randompseudonym

Hi folks, I'm new here and was wondering if anyone could help me with a form I received from Parking Eye. It's a blank N180 directions questionnaire that I presume I have to fill in. There's a brief note from Parking Eye stating that a copy has been filed with the court, but there's no proper instructions or address concerning where I'm supposed to send it to once completed. On the final page it says once completed to return it to the court address shown on form N149A, which I don't have. Is this them just informing me of their intention to allocate the case to a small claims track or do I have to fill in the form as well and send it to... who knows where!  

B789

When did you receive your claim from PE? What date did you send your defence to the court? Are you even aware of any claim against you because your surprise at seeing an N180 is a bit alarming.

What you have received is a copy of THEIR N180. You will have to complete your own N180 when you receive it. You should be able to check in your MCOL history if it has been sent out.

What was the claim for? Where was this?

Have you read the Newbies/FAQ thread yet?

1505grandad

Please also post verbatim the Defence you filed and how this was sent to the CCBC.

randompseudonym

Thanks for the response. I sent my initial appeal which was rejected, had a lot of exams during the follow up period, so missed the Popla appeal window and then sent my defence to the court a couple of months ago. I just received this N180 form out of the blue a day or two ago, but wasn't sure what to do.

It all relates to a Parking Charge Notice I received while driving home from a meeting with my academic supervisor. The meeting had taken longer than expected and I was supposed to attend an online Teams lecture as part of my MSc. I couldn't get home in time and decided to stop at a service station. I used my phone mobile data and attended the lecture while in the car. The lecture went on for 2 and a half hours, while I was in the car park. After leaving, a couple of weeks later I got a Parking Charge Notice from Parking Eye but refused to pay it. I didn't notice a sign on entry to the service station and sitting in the car park was the only responsible way I could attend the lecture, given the circumstances.

I've read some posts, but maybe not all the newbie stuff I should have done. Sorry. 

B789

Please answer the question by @1505grandad.

1505grandad said:

Please also post verbatim the Defence you filed and how this was sent to the CCBC.

randompseudonym

1505grandad said:

Please also post verbatim the Defence you filed and how this was sent to the CCBC.

To be frank, I didn't keep a record of the form I filled in. Obviously, I haven't treated it with the seriousness it deserved. I apologise. It was just a hand written response. From memory, my focus was on the fact that a car park sign was not visible to me on entry, that I did not consider what I was doing as parking, as I was attending a lecture, while happening to be in a parking spot and that I was doing the only responsible thing I could do at the time. It was my only option, as I couldn't attend the lecture while driving on the motorway and I had to attend the lecture as it was a mandatory requirement of my course. 
All I wanted to know was what if anything, I should do with this blank N180 form that appeared out of the blue from Parking Eye.

B789

So, are you telling us that you wrote your defence using the online form on the MCOL site, or did you handwrite it on the N1 form pack and post it in?

Do you realise that the "mitigation" in your 'defence' is not that? You were responsible for giving yourself enough time to prepare for and attend your lecture in person or online. Stopping in a privately owned car park to do so cannot be considered anything but "parking".

You have a very slight chance of arguing on the signage as you mentioned that in your defence but I don't hold out much hope for a win under these circumstances.

You ignore the blank N180 from Parking Eye. You wait for your own N180 to arrive or at least until your MCOL history says one has been sent and then download and fill in your own which you then email as a pdf attachment to the CCBC and CC in the claimants or their solicitor if they're using one and BCC in ourself as proof of having sent it.

It is all itemised in the checklist in the template defence thread here. You may also want to go read the Newbies/FAQ thread while you are at it, just to see where you think you are in the process and weigh up your prospects.

randompseudonym

B789 said:

So, are you telling us that you wrote your defence using the online form on the MCOL site, or did you handwrite it on the N1 form pack and post it in?

Do you realise that the "mitigation" in your 'defence' is not that? You were responsible for giving yourself enough time to prepare for and attend your lecture in person or online. Stopping in a privately owned car park to do so cannot be considered anything but "parking".

You have a very slight chance of arguing on the signage as you mentioned that in your defence but I don't hold out much hope for a win under these circumstances.

You ignore the blank N180 from Parking Eye. You wait for your own N180 to arrive or at least until your MCOL history says one has been sent and then download and fill in your own which you then email as a pdf attachment to the CCBC and CC in the claimants or their solicitor if they're using one and BCC in ourself as proof of having sent it.

It is all itemised in the checklist in the template defence thread here. You may also want to go read the Newbies/FAQ thread while you are at it, just to see where you think you are in the process and weigh up your prospects.

Thanks for the information. I filled in an a handwritten N1 form.
On my way back to see my supervisor a few weeks later, I went to the same service station and took photos of the entrance and the car park. The only sign at the entrance mentioning parking was a tiny, barely legible red sign that is easy to miss. After looking around I did see another larger sign that mentioned a fine in the middle of the car park, but it was semi-obscured by a van, as it was placed between car parking spaces. What is their responsibility for adequate signage? 

Grizebeck

Ask the court for a copy 

Coupon-mad

You do need a copy of your defence urgently.  You can't write a meaningful WS to support your defence without knowing exactly what the defence said.

 I did not consider what I was doing as parking, as I was attending a lecture, while happening to be in a parking spot.

Sitting in the car is still parked.

The terms on the signs apply but if they were not prominent you might just have a case.  It is tenuous though, if there was an entrance sign that told you it was 'private land and terms apply'.

B789

randompseudonym said:

Thanks for the information. I filled in an a handwritten N1 form. 

On my way back to see my supervisor a few weeks later, I went to the same service station and took photos of the entrance and the car park. The only sign at the entrance mentioning parking was a tiny, barely legible red sign that is easy to miss. After looking around I did see another larger sign that mentioned a fine in the middle of the car park, but it was semi-obscured by a van, as it was placed between car parking spaces. What is their responsibility for adequate signage? 

I would bet you £100 that you didn't see any sign that mentioned the word "fine" at all.

You were never "fined". You were issued a speculative invoice for an alleged breach of contract by an unregulated private parking company and they are now alleging that you are in debt to them. You do not have a debt unless a judge says so. Keep that in mind.