Parking Eye fine from 2020!

KoniGwirioni

Hi, am new to the forum. Advice needed please!
I am being taken to court by Parking Eye for unpaid fines from 2020. Not sure why they are chasing me for these 2/3 years later?! The car park in question is Bailey Lane, Sheffield. I have used this car park since 2020 and have noticed that Parking Eye are no longer used there. So I am wondering why they are chasing me for a car park offence in a car park they no longer represent? Is this allowed?
Thanks in advance for any advice given.

Coupon-mad

These are not fines. They are invoices.

Yes of course they can sue over a contract they say was made with the driver at a time when they did have signs up.

We see court claims going back to 2017 so 2020 is not unusual.

If you have an actual court claim dated August please tell us:

1.  the actual date of issue (top right) and 

2.  The date you did the AOS (see NEWBIES thread) and

3.  Exactly what the Particulars of Claim on the left say (ONLY redact your VRM, do NOT show us the actual claim form) and

4.  Are ParkingEye using DCBLegal on the claim form or is it signed off by their own in-house legal?

KoniGwirioni

Hi CP,
Thank you for the quick response. I received the letter confirming the hearing date on the 10/08/23, the hearing is on the 11/10/23, I need to send evidence by the 7/09/23.
1. Do you mean the date of issue of the fine? If so, there are 2! one issued on the 20/08/2019 and one 24/08/2019. 
2. I can't remember when I acknowledged the fine, the initial letters sent by Parking Eye were sent to my old address so I didn't receive them. I got the letter from the court to my current address about a year and a half ago. 
3. The claims are for over staying.
The first one I arrived at 07:23 and left at 17:46, I paid via the app and that shows that I had paid up until 13:32 then paid again from 14:38 until 18:38. 
The second one I arrived at 08:39 left at 15:36, app shows I paid until 14:56. 
I was working nearby but had no signal for the app to let me know when I had run out of time.
4. Letters are signed Enforcement Team, Parkingeye.

Thanks again for any advice given.

Koni

KoniGwirioni

Also, I've just noticed that the total for the payments made (£7.20 + £4.90) for the first PCN exceed the charge for staying 24hrs (£10)!

Coupon-mad

So you are a long way further along than you suggested; you have a hearing and you are at WS stage (see the NEWBIES thread).

Please dig out the Claim Form. I ask again:

1.    What was the date of issue - top right of the Claim Form that you got months ago?

2.   Exactly what do the Particulars of Claim on the left say (ONLY redact your VRM, do NOT show us the actual claim form) and

3.    What exactly did you put as your defence, verbatim please.

KoniGwirioni

Ok, I have found the claim form. 

1. Date of issue is 11/01/2021

2. Claim for monies outstanding from defendant in relation to 2 parking charges.....
Parkingeye's ANPR system captured vehicle entering and leaving site without a valid paid parking ticket.....
Pursuant to Sch 4 of the protection of freedoms act 2012....
As no response was received, an alternative service address was obtained and further correspondence issued...

3. My defence was this:
"I received a parking fine at the end

of 2019 for parking in a car park in
Sheffield. I paid them £100 by
credit card on the 07/01/2020. I
thought that was the end of the
matter but now they want more money!"

Probably not the best defence ! 

Thanks again.

Coupon-mad

Oh so you paid one PCN (mistake!) but sadly, due to that defence, your witness statement can now ONLY include:

1.  Proof that you paid £100 & which PCN ref; 

2.  Evidence of unclear signage at the car park in 2019 (you will probably find those pics from 2019 on Google Streetview - not on a phone).  This extra point is allowed to be disputed - the unfairness and lack of prominence of the contract - even though you didn't raise it earlier.  The CRA 2015 s71 says the Courts MUST always consider prominence of terms and consumer notices.

Why did you park without paying?

KoniGwirioni

I didn't park without paying, I paid until 14:56 but didn't leave until 15:36 so 40 minutes late. 
And on the other PCN I paid until 13:32 but then paid for a second ticket at 14:38 then left before it expired. Could I make a case that the value of both tickets exceeds the cost of paying for 24 hours?

Coupon-mad

Yes you can make that case, with evidence (proof of payments on the day and proof of paying a PCN to this Claimant for £100).

And the other point that I explained above, with exhibits showing the signs that year (GSV helps).

That is all you can put because your defence was sadly very weak and doesn't give you any other avenues.

KoniGwirioni

Ok, thanks for the advice. I'm probably going to pay the fine in that case, not worth the risk of having a CCJ on my credit report. I wish that I had found this forum sooner! 

Coupon-mad

KoniGwirioni said:

Ok, thanks for the advice. I'm probably going to pay the fine in that case, not worth the risk of having a CCJ on my credit report. I wish that I had found this forum sooner! 

Eh?  It's not a fine and you don't just pay the claim in full!

Why not just email and offer £60?  They will negotiate.

enforcement@parkingeye.co.uk