Parkingeye Gravel Beacon Road Bournemouth

Potmat4

Hello!

I have read through the newbies thread and some other ones trying to prepare my case. I'm at the stage of having been sent a Claim Form. I have completed the AoS. 

The claim is for 2 events (11 April and 19 April). I was not the driver and was not present at either events. When I first received the PCN in the post (nothing was left on the car in either event), I spoke to the driver who advised I did not have to engage as these are scams. This is what they genuinely believed at the time so they were not trying to put me in a bad situation. I should mention that I am autistic and so took the advise at face value seeing as they were not council Penalty Charge Notices, and sadly I did not do any further research until I received the Claim Form.

I am finding this all a bit overwhelming but have started piecing together a defense. However, I am unsure of how to approach the WS as I was not there (never even been to Bournemouth!). I've seen pictures of the place on google maps. I've looked but couldn't find a similar scenario in a previous thread (please refer me if there is an existing one already) so I am wondering should my defense be that I am not the driver or is that too late now as I did not name the driver before the deadline date? Should I focus on other aspects of the defense? 

Thanks in advance!

YankeeBrit

Welcome... now take a breather. Calm down and we will try and assist you.

First of all, what is the "issue date" on your claim form? What date did you file your AoS?

Which PPC? Are they using a solicitor and if so, which one?

There is a template defence for you to use in which you only have to change 2 paragraphs. Here is a link to one:

https://www.dropbox.com/scl/fi/y2dbj71jq99yslexl530p/Updated-defence-Aug2023.rtf?rlkey=i07s8l5q8o1c9c2sd7qqnoe3p&dl=0

You don't have to worry about a WS for now. Your only job right now is to get your defence submitted within the deadline based on the "issue date" of your claim form and when you submitted your AoS.

You are only defending against what is claimed in the PoC. All you need is a few "hooks" which you will later expand on in your WS.

It is too late now to try and get the claim directed to the driver. You are defending as the RK.

Please answer the questions above and we can progress. Also, please have a read of the Newbies/FAQ thread as it explains the whole process and probably answers a lot of your questions.

Coupon-mad

Ask the driver to explain what went wrong and put that in your paragraph 3:

The Defendant was not the driver and has never been to Bournemouth.  The Defendant has spoken to the driver who denies any breach of contract and states (what?  Unlit signs in the dark? Machine was broken so they couldn't pay? Or they did pay & display and don't know what these charges are for and were not alerted to any any issue).

You can use the Template Defence because PEye has added a fake fee.  £20 or £40?

Please copy the Particulars of Claim here (redact your VRM).

Umkomaas

Is this a claim direct from ParkingEye, or are they being represented by DCB Legal?

Potmat4

Thanks you so much for your replies!

It's direct from Parkingeye. The claim was issues on 19 July and I submitted the AoS on 28 July. 
The claim is "signed" by a [DELETED BY FORUM TEAM] as claimant's legal representative.

I've been able to open the template and have had a look but not able to download on the laptop I'm using atm so will try again tomorrow on a different one.

The driver is family so regardless of who is the defendant we have agreed to share any cost. So from a financial perspective it doesn't make much difference.

Driver drove down to the beach to have lunch there, but it was so busy they decided to not even get out of the car and for this reason did not get a ticket. The second event, they said they got a ticket via app. There is a council car park next to this one, both are called Beacon Road. There is a big sign there that says paying via app only. The council car park was full on both occasions which is why they went to the free spaces at parkingeye's car park. They did not notice the smaller sign at the entrance. We have checked via google maps and the small sign says tariff payable at machine or by phone, and then in even smaller text it says it's private property. The driver did not see this at either occasion or they would not have returned there. There was no PCN left on the car so that also made them assume there was no issue. 

Parkingeye have added £20 as the recovery fee for each event. There's also £50 legal rep's fee and £35 court fee. A total of £325 including the parking charge.

POC:
Claim for monies outstanding from the Defendant in relation to 2 Parking Charges (reference 226638/314894 456657/22171) issued between 15/04/2023 and 24/04/2023. The signage clearly displayed throughout Gravel Beacon Road Bournemouth, Marriott Hotels - Bournemouth Highcliff, Marriott Hotel Car Park, Beacon Road, West Cliff, Bournemouth, BH2 5DU states that this is private land managed by ParkingEye Ltd, and that it is subject to terms and conditions, including the payment of parking tariffs, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle XXXXXXX entering and leaving the site on each occasion, and parking without a valid paid parking ticket. 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 Charges payable upon breach.

Coupon-mad

The template defence isn't a download.

It's deliberately a reply on the Template Defence thread so everyone can copy & paste it, even on a phone.

I don't know what you are trying to download.  There is nothing to 'open'...

Why not just read other ParkingEye threads today? I've just replied on one with suggested wording for para 2.

It's on the thread by @AspenMountain2 and the only difference is they are admitting to driving (which you must deny).

And I already gave you the bulk of what to say as your paragraph 3 in my last reply.

KeithP

Potmat4 said:

The claim was issued on 19 July and I submitted the AoS on 28 July. 

With a Claim Issue Date of 19th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 21st August 2023 to file your Defence.

That's nearly two 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'.

Potmat4

Sorry, I didn't mean to misunderstand. I clicked on the link and this opened a file. There was a button to download so I just assumed this was the correct procedure. But I can of course copy and paste as well, it makes no difference. 

Coupon-mad

There isn't a link. The template Defence is a reply in the Template Defence thread just like this reply.

Maybe you are talking about the Dropbox link about how to acknowledge service?

Potmat4

YankeeBrit said:

There is a template defence for you to use in which you only have to change 2 paragraphs. Here is a link to one:

The link I was talking about is the one in the reply from YankeeBrit. But I have since gone on to use the template from the template defence thread.

Coupon-mad

Good.

And are you wanting to show us your paragraphs 2 & 3 for us to comment and help you perfect it before you sign & email it to the CCBCAQ email?