County Court Claim - PE

AspenMountain2

Hi Everyone – thanks for all the info on here.  I received a county court claim as I actually paid the parking fee… and didn’t think it would be an issue.  Was quite busy with a relative and going through a lot at home.  Anyway,  it’s a Parking Eye one and they added the £20 fee to their court claim.   I have and read as much as I can to help with my defence.  I used the updated 31stJuly 2023 template and amended point 3 to fit me.

Issue date – 10 July 2023
AOS date – 17th July 2023

Thanks in advance,

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle. 

3. The defendant parked the car on XXXX  at XXXX  Site.  The driver was confused by the signs and, intending to pay for 7 hours, selected £7 in the ticket machine.  In addition to the confusing signs, the driver was distraught on the day and distressed worrying about a sick relative undergoing an emergency procedure at the XXXX Hospital.  When exited from procedure room, driver used the Paybyphone App to add a further hour to bring it to 8 hours (paid £2.80 additional).  The total stay at the parking site was 8 hours as per the pictures by the claimant. The company charges £8.50 for 8 hours at their XXXXX site, however the driver paid in total £9.80 (£7 + £2.80) .  The defendant believes that the claimant was paid for parking at site, in fact the defendant paid £1.30 more than what the claimant charges.

Also I’ve emailed for SAR, no reply yet. 

Thanks again 

Umkomaas

Is this a claim direct from PE, or are DCB Legal representing them?

Was the car park on the hospital premises, or a separate one, not connected with the hospital?

PE have 30 days to respond to a SAR, and most PPCs take all of that. 

AspenMountain2

Claim from PE, no DCB legal.

Parking not connected to the hospital it was a separate one next to the main hospital. 

Thanks 

KeithP

AspenMountain2 said:

I received a county court claim...

Issue date – 10 July 2023
AOS date – 17th July 2023

With a Claim Issue Date of 10th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 14th August 2023 to file your Defence.

That's less than a week away. Plenty of time to produce a Defence and it is good to see that you are not leaving 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'.

AspenMountain2

AspenMountain2 said:

Hi Everyone – thanks for all the info on here.  I received a county court claim as I actually paid the parking fee… and didn’t think it would be an issue.  Was quite busy with a relative and going through a lot at home.  Anyway,  it’s a Parking Eye one and they added the £20 fee to their court claim.   I have and read as much as I can to help with my defence.  I used the updated 31stJuly 2023 template and amended point 3 to fit me.

Issue date – 10 July 2023
AOS date – 17th July 2023

Thanks in advance,

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle. 

3. The defendant parked the car on XXXX  at XXXX  Site.  The driver was confused by the signs and, intending to pay for 7 hours, selected £7 in the ticket machine.  In addition to the confusing signs, the driver was distraught on the day and distressed worrying about a sick relative undergoing an emergency procedure at the XXXX Hospital.  When exited from procedure room, driver used the Paybyphone App to add a further hour to bring it to 8 hours (paid £2.80 additional).  The total stay at the parking site was 8 hours as per the pictures by the claimant. The company charges £8.50 for 8 hours at their XXXXX site, however the driver paid in total £9.80 (£7 + £2.80) .  The defendant believes that the claimant was paid for parking at site, in fact the defendant paid £1.30 more than what the claimant charges.

Also I’ve emailed for SAR, no reply yet. 

Thanks again 

Hi everyone…. Can someone help and review pretty please my point 3? Is it ok or strong as a defence goes?

Many thanks!

Coupon-mad

Remove the ungrammatical word 'what' here:

 The defendant believes that the claimant was paid for parking at site, in fact the defendant paid £1.30 more than what the claimant charges.

And I'd add to para 2:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle but they are none the wiser as to the specific alleged breach, which is denied.  Whatever the allegation turns out to be, it must be common ground that the terms have been complied with or substantially complied with, and the Claimant will concede that no financial loss has arisen.  The charge imposed, in all the circumstances is a penalty (not saved by the ParkingEye v Beavis Supreme Court case, which is fully distinguished).  Further, in a new tactic only seen from this Claimant in Summer 2023, the sum claimed under purported 'contract' is disproportionately exaggerated by £20 which was not on the signs.  The Defendant takes the point that enhancing their claim on either impermissible sums or on an incorrect basis, is reason enough to disallow the claim.

AspenMountain2

Thanks Coupon-mad! Oh I’m rubbish with grammar!
I’ll update it and print it out tomorrow to sign & email.  

Any updates I’ll post on this thread.  Wish me luck!

Coupon-mad

You don't need to print anything.

Just take a photo of your signature on white paper and crop & re-size the image and put it above the date at the bottom of your word doc defence.

Then save it as a PDF and Bob's your Uncle!