CCJ - Receieved claim form with no prior communication

Le_Kirk

As you are able to edit your posts now, you should cover up the password on your claim form!  You have covered up the claim reference so should be OK but belt and braces doesn't hurt!

avocadobacon

Thank you @Le_Kirk! good eye

Castle

avocadobacon said:

Also to add, I did come back again later to pick them up! So I definitely entered and exited twice

And will your witnesses provide statements to back this up?

avocadobacon

@Castle Yes, I’ll be bringing my partner with me as I need assistance moving around (just had major abdominal surgery). He was there, but the main witness lives in Switzerland, so she can’t attend. It’s frustrating because the more we talk, the more I remember from that day. We took so many photos as she only visits once or twice per year. We could have created a timeline with our videos and pictures, but as luck would have it, we took the least on October 12th! I have a timeline, but there are gaps overlapping with ParkingEye’s evidence, which doesn’t help.

For example, I’ve got some photos and videos timestamped on the day in question in Eltham at 12:40 and 18:14. I also have receipts from places I visited, though I can’t find the one for a jumper and cardigan I bought in TK Maxx at approx 1PM ( I know because I have a photo of the baby being funny trying on MensTrainers), but have the money leaving my bank. If I was in TK Maxx Eltham, I definitely parked in the Sainsbury’s car park. I also recall my mother-in-law insisting I drive her and offering to pay for parking. Later, I have timestamped photos from Charlton and remember visiting Smyths Toys with the baby (about a 25-minute drive). I spent at least an hour there, but the time of purchase doesn’t help my case either.

I also have older transactions showing I’ve paid to park there over the past year, sometimes ever twice a week. It’s odd that on this one occasion, I supposedly didn’t pay for 1.25 hours (3:20 PM - 4:45 PM).

My main defence is:

1. I never received a PCN—just the Claim Form, which was my first correspondence from them. There were no details or evidence provided, so I had to scramble to figure out what this was even about.
2. I’ve been struggling with my health this year and was in and out of hospital. In fact, I was in a ward in A&E when they filed the claim against me.

I’m hoping these points will be enough. Honestly, if I had received the PCN in the first place & I’d messed up that badly for the first time in 1.5 years, I would have just paid the fine.

Coupon-mad

You'll get the CCJ set aside and the claim should be struck out completely because it's what is known as a 'double dip' ANPR flaw.

You MUST explain this as your third point:

This means that the ANPR system is automatically programmed to find ONLY the 'first in' and 'last out' images in a 24 hr period. ParkingEye has failed to bother to do the human checks that are mandatory under the BPA Code of Practice, to look for what the industry call the 'orphan images' of the same car leaving then returning in the middle of the period claimed.

Explained here:
https://www.britishparking.co.uk/anpr

I hope you didn't have to pay a fee to set aside this rogue CCJ? Are you exempt?

If you did pay a fee then insist at the hearing that PEye must pay it back to you because of their 'wholly unreasonable conduct' of causing a CCJ where there was never 'reasonable cause' to even get your DVLA data.

This should NEVER have been a PCN and you clearly owe nothing and should not be left out of pocket.

avocadobacon

Honestly, really hope so - I have no clue what I'm doing but the forum has been great to read. Just wish I was more prepared. 

Yes, I did pay unfortunately! I am hoping that they will pay it back, but seems that I have a few points in my corner! I'm hoping at the minimum, if anything - the court will insist they reissue me a PCN and I'll appeal it that way.

Thank you for that! I will definitely use that as my 3rd point as I have a little bit or a trail hat can prove I came in and out that day.

I feel like my argument is a little weak and very circumstantial as I'll have to show photos and time stamps, but here's hoping my judge is in a good mood

Coupon-mad

Nonono.

This isn't weak!

They got your data illegally.

File & serve a supplementary WS TOMORROW, attaching your timeline proof and saying this was what the Government called a 'double dip' (a well-known ANPR flaw).  For the very first time you have seen PEye's Reminder (interestingly they failed to include the supposed Notice to Keeper in their bundle so it has still never been seen). The Reminder has revealed ...blah blah...(explain)... and link to that BPA Article from several years ago and to the BPA Code where it talks about Human Checks of ANPR data.

Attach a costs page (include any time you are taking off work) and attach your receipt for the n244 fee and invite ParkingEye to admit immediately (before the hearing) that this was a 'double dip' (a PCN wrongfully issued based on flawed & unchecked 'first in, last out' images in 24 hours).  ParkingEye must urgently review the facts, find the missed 'orphan images' in the middle that day, admit that the DVLA data was obtained unlawfully, withdraw their opposition to the application and their in-house solicitor must provide a Consent Order before the hearing which admits fault, dismisses the Claim and covers the Defendant's costs in full.