PE Machine didnt recognized carplates - fine issued

VoyagerRaf

Hello, could anyone please advise how to prepare defence to send to Court against Parking Eye. I checked up other threads but could not see any defence template suitable for Parking Eye (PE). Also any tips/advise are very welcome.

I parked my car on hospital premises but when I tried to pay for car park the parking system didn’t recognize my car plates. As another step following the instruction, I tried to use an option on kiosk "Vehicle not recognized", I still could not enter the date and time of my arrival as system offered the date/time of this moment when I was leaving. I came back to hospital reception and asked how to pay then but they could not help. Just in case I took the pictures of the kiosk screen to prove I was unable to pay and I left.
They issued PCN, I appealed to them attaching picts, but didnt get any feedback, It might be caused by I was appealing 2 days after deadline.
Around 1-2 months later I got a Claim from Court showing total amount 180 pounds that Im owning to PE, it includes Court and Leg.rep fees of course. What is surprising I didnt received LBCCC letter. 
I`ve already registered myself on MoneyClaim and extended period for another 14days that expires on 22 May.

Any ideas what could I do to win this please? Is it worth to write to PALS in hospital to complain and ask them to contact PE to cancell..? And again any template specifically applicable for PE defence, please..?

Coupon-mad

You'll win this case due to your evidence photo. Glad you have that!  

Is the claim by ParkingEye themselves and instead of a £70 PCN they've added £25 false admin fees that weren't on the sign?   They have no chance.

What's the date of issue of the claim?

Fruitcake

It is not a fine.

Plan A is always a complaint to the landowner, and in this case, PALS and the head of the hospital trust, and your MP. You should remind the hospital of the government's requirements. This should have been done when you received the PCN.

NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts - GOV.UK (www.gov.uk)

Include your photo' proof that the system would not recognise your VRM, and include a photo of your vehicle showing your perfectly clean number plates.

For your defence, use the template defence from the sticky Announcement of the same name. You first point should be frustration of contract because PE's ANPR scameras/payment machines were faulty and prevented the driver from entering into a contract. State that photographic evidence will be provided to prove this at the witness statement stage if the case is not discontinued.

VoyagerRaf

Coupon-mad said:

You'll win this case due to your evidence photo. Glad you have that!  

Is the claim by ParkingEye themselves and instead of a £70 PCN they've added £25 false admin fees that weren't on the sign?   They have no chance.

What's the date of issue of the claim?

Thank you a lot for reply, you made my day. In regards to PCN it has been raised for £70 see attached below please, this is a very first letter I got. Even if they had sent another one or letter before Court Claim I havent got any of them. 
The date of issue was 22/01/2024, 1st letter was issued 25/01/24. When you take a look at date and time mentioned on PCN and pictures I took on the kiosk you could see I tried to pay but it didnt recognized my plates. It only let me enter current time when I was actually leaving not the past time I arrived. In total I have attached 4 picts below.

Have you got any other tips seeing attched picts in regards to the defence I need to prepare, please? Thank you very much.

VoyagerRaf

Fruitcake said:

It is not a fine.

Plan A is always a complaint to the landowner, and in this case, PALS and the head of the hospital trust, and your MP. You should remind the hospital of the government's requirements. This should have been done when you received the PCN.

Include your photo' proof that the system would not recognise your VRM, and include a photo of your vehicle showing your perfectly clean number plates.

For your defence, use the template defence from the sticky Announcement of the same name. You first point should be frustration of contract because PE's ANPR scameras/payment machines were faulty and prevented the driver from entering into a contract. State that photographic evidence will be provided to prove this at the witness statement stage if the case is not discontinued.

Thank you very much for reply, definitly I`ll use the reasons you mentioned for my defence to the Court.

Given than I didnt complain to PALS immediately and it seems to be a bit late now, do you think if it is still worth to write complaint to PALS on this stage?

As you can see I`ve attached picts above.

Thank you

Coupon-mad

 In regards to PCN it has been raised for £70 

Yep but the claim has added £25 for no justified or contractual reason.  And under the POFA 2012 which they say they are relying upon, that Act disallows claiming more than the sum that on the Notice to Keeper as it stood at the time.  They can't claim £95 as if that was the parking charge.  It wasn't.

Just read other ParkingEye Claim defences from 2024.  We have had a few, which cover the fact that £20 or £25 has been added that was not on the signs or Notice to Keeper.

KeithP

VoyagerRaf said:

I`ve already registered myself on MoneyClaim and extended period for another 14days that expires on 22 May.

I guess that means you have filed an Acknowledgment of Service.   

You have more time than you think.

With a Claim Issue Date of 22nd April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 28th May 2024 to file your Defence.

That's 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'.

Nellymoser

Like you so many people don't receive 1st/2nd pcn but £170 payment due letter often manages to drop through letter boxes. PPCs always claim their letters were sent though offer no evidence to prove this. A letter's issue date is not it's sending date nor does it prove the letter was sent.

Since PPCs CHOOSE NOT to provide evidence of their posting date and delivery we must continue to press gov to ensure they do. Please sign/share these petitions.

Require communications from Private Parking companies to be traceable/trackable. https://petition.parliament.uk/petitions/652355

Immediately Reintroduce Private Parking Code of Practice. https://petition.parliament.uk/petitions/660922

Thanks and good luck