Parkingeye Home Bargains Pwllheli

GelatoMan

Before seeing this I followed a friend's advice and ignored all letters. I have received a Claim Form from the Civil National Business Centre.

I followed the guidance here about acknowledging service and seeking 28 days to defend the case. Thank you for that.

A question my friend also received a claim form and made her defence just that she had not received any of the letters from Parkingeye and that the Claim Form was the first she knew of the incident. The claim was withdrawn.

Rather than an extensive defence is this a sensible option or was she just lucky? I did receive letters but none were sent by registered post or signed for.

Any thoughts would be appreciated

Thank you 

KeithP

Hello and welcome.

Firstly, I would suggest that your friend's experience is not typical. I think she was just very lucky.

As you have now received a Claim Form you will need to deal with it.

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Who is the Claimant?

GelatoMan

Thank you for your response

Issue date: 19 Feb 2024 (Arrived while I was away on holiday so no idea what date)
Acknowledgement of Service: 06 March 2024
Claimant: ParkingEye Ltd, Chorley

I have copied and tried to understand the defense posted after the Newbies Post to see what applies on my case.  Also read the summary of the Parking Eye Vs Beavis case which is a little disheartening.

Any advise would be greatly appreciated.

Thank you 

KeithP

GelatoMan said:

Issue date: 19 Feb 2024.
Acknowledgement of Service: 06 March 2024.
Claimant: ParkingEye Ltd.

With a Claim Issue Date of 19th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 25th March 2024 to file your Defence.

That's a little over 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'.

Coupon-mad

GelatoMan said:

Thank you for your response

Issue date: 19 Feb 2024 (Arrived while I was away on holiday so no idea what date)
Acknowledgement of Service: 06 March 2024
Claimant: ParkingEye Ltd, Chorley

I have copied and tried to understand the defense posted after the Newbies Post to see what applies on my case.  Also read the summary of the Parking Eye Vs Beavis case which is a little disheartening.

Any advise would be greatly appreciated.

Thank you 

Easy to defend.

Claim via DCB Legal for £170 or claim by PEye themselves for £120?

Show us the POC.

Copy a similar one already written.

GelatoMan

I have attached the Claim Form and also POC I think, redacted for personal details.

I have admitted being the driver in 2

Here is what I have written as a defense

"3. The Defendant parked in the car park serving Home Bargains in Pwllheli around the date alleged by the Claimant as a legitimate customer. The Defendant spent a considerable time choosing Christmas decorations, gifts and wrapping paper. These goods were paid for from the family Christmas Savings Fund. This fund is a cash fund and the Defendant is consequently unable to provide proof of purchase.  In the course of this relaxed shopping visit the Defendant recalls meeting friends and neighbours also engaged in Christmas shopping and enjoying numerous conversations meaning that this was quite a long visit to the store though the Defendant kept no record of the length of the visit. It is possible that the Defendant also visited other stores in Pwllheli before returning to his car but he is unable to be certain. The Defendant denies noting prominent signs advising any parking time limit, indeed the Claimant does not advise the specific time limit they alleged to have been breached. The Defendant does not acknowledge entering any contract or subsequently breaching any contract."

I will also use the full defense as provided

Any comments or advice would be appreciated.

Thanks

David 

Coupon-mad

Remove all this which can wait till WS stage:

"These goods were paid for from the family Christmas Savings Fund. This fund is a cash fund and the Defendant is consequently unable to provide proof of purchase.  In the course of this relaxed shopping visit the Defendant recalls meeting friends and neighbours also engaged in Christmas shopping and enjoying numerous conversations meaning that this was quite a long visit to the store though the Defendant kept no record of the length of the visit. It is possible that the Defendant also visited other stores in Pwllheli before returning to his car but he is unable to be certain."

Search the forum for ParkingEye defence extra point £120 and adapt it to suit the fact an £85 sum on the signs is being claimed as £110.

Why did they send you the NTK in Welsh?

GelatoMan

Sorry I sent the Welsh one by accident it's in both languages and I speak Welsh

Thanks for the help

GelatoMan

What is the WS stage?

Coupon-mad

You really need to read the NEWBIES thread which KeithP linked you to, some 11 days ago.

GelatoMan

I read it but ok I'll read again