ParkingEye Claim Form

danrees91

Hi,

Have been reading the forum with regards to these claims. I intend to file a defence.

I unintentionally parked in a staff only level in a multi storey car park. The signage upon entry is misleading IMO. I appealed to POPLA and was unsuccessful. 

• Claim form issued 2nd April 2024
• I filed an AOS within the 14 days from service date and have until the end of next week to submit my defence.
• The claim is issued by ParkingEye rather than their solicitors.

I have attached the Claim Form below:



I intend to use the 30 paragraph Template Defence from the sticky threads and add this under (3):

3. The defendant was parked in the University Hospital of Wales multi-storey car park for an appointment. Upon entry to the car park, there is prominent signage which states: “PATIENTS AND VISITORS ONLY”. The defendant relied on this signage being correct – however there is a staff parking area within the multi storey car park, which is poorly signed. The defendant feels this “PATIENTS AND VISITORS ONLY” signage upon entering the car park is misleading and part of predatory tactics by Parking Eye Ltd.

Is there any glaringly obvious I am missing out or could add/remove?

Appreciate any advice.

Thanks

KeithP

Hello and welcome.

It doesn't look like you'll need it, but you actually have a little more time than you think to file your Defence.

With a Claim Issue Date of 2nd April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 7th May 2024 to file your Defence.

Coupon-mad

Oh no.  Not Cardiff court area.

Use an English address instead. Discussed here by two posters with similar claims:

https://forums.moneysavingexpert.com/discussion/comment/80680122/#Comment_80680122

Send a pm to @MagicalOwl12312 and @pasta_sauce and bookmark their threads but think of an address you can use for service.  

YOU DO NOT WANT THIS CASE SENT TO CARDIFF COURT. Read their two threads.

danrees91

Unfortunately, I will struggle to find an address in England to use (presumably this must be an address of a trusted friend or similar?). I could potentially use an address abroad but that would complicate things?

If I am unable to use an address outside of Wales, would you suggest proceeding with the defence?

danrees91

Also, just noticed that the template shouldn’t be used for Parking Eye defences. Is that correct?

Coupon-mad

No. They've added £25 to the £70 PCN so the Template applies.  You just need an address not in the Cardiff area.  I said 'England' because that's definitely outside but it doesn't have to be outside of Wales.

I am sorry.  I must stress this: You will lose if you stick to a Cardiff address for service.

You won't even get a hearing, but you know that because the problem is explained in the two threads by the two usernames I linked.

danrees91

Coupon-mad said:

No. They've added £25 to the £70 PCN so the Template applies.  You just need an address not in the Cardiff area.  I said 'England' because that's definitely outside but it doesn't have to be outside of Wales.

I am sorry.  I must stress this: You will lose if you stick to a Cardiff address for service.

You won't even get a hearing, but you know that because the problem is explained in the two threads by the two usernames I linked.

I’ve read both (ongoing) threads so aware of the issues.

Are you always allocated the closest court?

I have two within similar distances of me however Cardiff is the 2nd (6 miles) and Pontypridd the closest (5.5 miles). Is there realistically going to be any difference between the two courts?

Coupon-mad

No.  You need an address outside that area.

danrees91

Sadly, other than paying for a mail forwarding service or similar I am unable to do that, which is rather annoying!

Is there any point in proceeding if I am unable to change my address?

Coupon-mad

Up to you but you won't get a hearing.

danrees91

I’ve paid the claim via PE website. 

Do I have to let the court know, or let them know I won’t be filing a defence?

Thanks