Parking Eye Court Evidence Help!

Penguin0401

Hi,

Long story short, I got a PE PCN in September 2023. The parking machine at the time took my reg and cash payment but did not give a receipt. I appealed this via PE and didn't hear anything at all back to advise either way, including any details for POPLA for a further appeal.

Naively, I assumed this was one of those cases that had slipped through the cracks and PE were not going to bother pursuing the matter. This was obviously not the case and have now, in January 2024, been served court papers.

PE claim to have sent me the LBCCC in November 2023 which I didn't receive. On receipt of the court papers, again without thinking and filled with anger, I entered my defence online, which was very basic, having done no research online previously and feeling comfortable in the knowledge that I paid for my parking! Having had no dealings with PE in the past, I genuinely thought this would be a relatively cut and dry case. Naive, I know.

Having read a lot of threads here now, I realise that was a very silly thing to do and I clearly didn't understand the gravity of the situation or allow myself the time for the red mist to clear before sending my defense.

At the time I received the original PCN, I didn't contact the landowner as I thought I was doing the right thing going through the PE appeals process. I have now contacted them and they've advised that there isn't anything they can do now that legal proceedings have started but they would have been willing to cancel this had I contacted sooner.

I also asked them for CCTV of me paying at the machine, to which they replied they only store this for 3 months. Very convenient for parking eye considering I didn't receive the LBCCC or would have reached out sooner.

I'm aware of where I've fallen down here but my question now is, have I basically lost myself the case by submitting a weak defense or is there still opportunity to fight this in a hearing?

Also, are the emails from the landowner eligible to be used as evidence that they were willing to cancel the charge? 

TIA

Penguin0401

I also want to add that they've sent me the full list of car registrations that purchased a ticket that day with the last 3 digits redacted. There's a car that has one digit different to mine at the same time as I would have paid so I also wonder as to whether I may have inputted this incorrectly at the time.

If this was the case, what are the grounds for having that be part of the defense? In the letter it says I can't submit further defense without applying to the court first but I didn't have this list prior to submitting mine so I couldn't possibly have added this to my original defense.

D_P_Dance

Read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

 I may have inputted this incorrectly at the time.

Sounds plausible

Penguin0401

Thank you, are the full car registrations something that can be requested under the Freedom of Information Act? 

Castle

Penguin0401 said:

Thank you, are the full car registrations something that can be requested under the Freedom of Information Act? 

No, but they will have to produce it at any court hearing.

If the registration is only one digit out, check to see if that vehicle actually exist:-
Check the MOT status of a vehicle - GOV.UK (www.gov.uk)

Coupon-mad

You need to show us the claim form (redacted) and your EXACT defence you sent.

What stage are you at now?