Parking Eye court claim

sweet_neo

Hello everyone, 

I am hoping for some help and guidance and I have read through all the newbie information but unable to find information to help with my situation.

I am acting on behalf of my elderly father. He received court documents in May 2024 for a parking charge from December 2023. He says that he didn’t receive any correspondence prior to this. As my father’s first language is not English he has not been able to complete the court documents properly- his friend assisted him in completing the initial claim form but again the friends first language is not English either so they didn’t really know what to do. 

I became aware of all this recently once a mediation appointment was missed (my father’s phone settings blocked anonymous callers and he wasn’t aware).

I have managed to rearrange the mediation call after explaining the above and I have been appointed as my father’s representative in the matter.

i wanted some advice on what can be done the deadlines have passed for completing the claim form and submitting a defence. 

Last correspondence received was a general form of judgement or order on 27 June 2024 which my father has not responded to. 

Anything to be done here or is it too late to try and put forward a defence? 

The charge related to an overstay in a free home bargains car park. I have submitted a SAR on my father’s behalf to see what was sent by Parking Eye.

TIA 

sweet_neo

This is General form of judgement or order my father received.

Coupon-mad

Immediately complete and email a DQ - signed by Dad - to the CNBC.   NOW!  Google & Download it (it's form N180) if that Order didn't attach it again.

Read the first 12 steps in the Template Defence thread at the top of this forum for the email address for sending the DQ and other info about what to say and what NOT to say at Mediation.

Show us the Claim Form first page (redacted).

sweet_neo

Thankyou for your reply @Coupon-mad

I will send a copy of the claim form- please note my dad isn’t great using his phone which is why it’s not a great photo- I will be going to see him later today so will get the original letters. I will also go to the car park and take photos of the signage and see what the situation is there, incase it’s useful for evidence. I live a distance away from him so is there anything else I should do whilst I am there in terms of evidence? Thankyou 

sweet_neo

Claim form

sweet_neo

The rearranged mediation appointment was this morning but nothing was discussed as the claimant was not informed that it had been rearranged. A further mediation appointment will be sent shortly.

LDast

sweet_neo said:

Thankyou for your reply @Coupon-mad

I will send a copy of the claim form- please note my dad isn’t great using his phone which is why it’s not a great photo- I will be going to see him later today so will get the original letters. I will also go to the car park and take photos of the signage and see what the situation is there, incase it’s useful for evidence. I live a distance away from him so is there anything else I should do whilst I am there in terms of evidence? Thankyou 

You don’t send a copy of the Claim form. You need to download the N180DQ form here:

https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf

Complete it and sign it in your dad’s name (just type his name in the signature box) and send it as a PDF attachment in an email to DQ.cnbc@justice.gov.uk. Do that now. Any delay could see your dad receiving a CCJ by default. If he doesn’t already have, tell him to buy a lottery ticket.

Coupon-mad

sweet_neo said:

Thankyou for your reply @Coupon-mad

I will send a copy of the claim form- please note my dad isn’t great using his phone which is why it’s not a great photo- I will be going to see him later today so will get the original letters. I will also go to the car park and take photos of the signage and see what the situation is there, incase it’s useful for evidence. I live a distance away from him so is there anything else I should do whilst I am there in terms of evidence? Thankyou 

He's about to get a CCJ (or may already have one) for failing to do the N180.

DO IT BY EMAIL TODAY.

sweet_neo

Thankyou for the replies everyone. I have checked everything with my dad and it appears that he had returned the DQ by post. His friend had ticked the option for a hearing by paper but I have refilled the DQ and explained the whole situation and vulnerability and emailed that across to CNBC. I have received an email acknowledgement. 

I went to the parking site today and took some photos of the signage and will wait for the SAR documents to also be provided to see how long he is meant to have overstayed. 

I will read through the newbies info again and see which parts are applicable in this situation so I may be back for more advice if that’s ok.

many thanks 

sweet_neo

Hello everyone,

I posted a short while ago about representing my elderly parent with a court claim from Parking Eye. I received an email from the court asking for a defence to be filed again as they appear to have 'lost' the previous one. I have until Tuesday to do this. I had sent SAR for my parent and can now see that there was on overstay of 13 minutes hence the PCN by Parking Eye.

I have scoured the forum and drafted the following for critique please: I have also added the defence sections shown on the template but this is the personalised part: 

3. a] The PCN was originally issued due to an overstay of 13 minutes. According to the British Parking Association (BPA) Code of Practice (2020) this is well within the recommended consideration and grace periods.

’13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before a driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.’

‘13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN.’

Kelvin Reynolds, Head of Public Affairs and Policy at the BPA has also stated that ‘No time limit is specified. This is because it might take one person 5 minutes, but another person 10 minutes depending on various factors, not limited to disability.’

At the time in question, the driver visited the retail carpark containing 8 different outlets on a particularly busy day just 12 days before Christmas. It would be considered acceptable for it to take longer than usual to find a parking space in this instance due to how busy the retail park was at that time of year. The retail park in question is also large with lots of different pockets of areas for parking which require negotiating a one-way system. This would suggest the allowance of more than the minimum grace periods.

b] It is denied that the vehicle was in fact 'Parked for Longer Than the Maximum Period Permitted'. On the balance of probabilities, the actual 'parking period' was less than that.  The Department for Levelling Up, Housing and Communities ('DLUHC') published in February 2022, a Private Parking Code of Practice (blocked only by the moneymen in the parking industry - and only due to objections about an unrelated clause - but being reintroduced this year).  That statutory Code stated in the definitions in point 2.24: "parking period: - the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired. [...] This is not the period between a vehicle being recorded as entering and departing controlled land."

TIA 

Gr1pr

Are they asking for a NEW defence. ?  Or a copy of the defence actually filed at the time, usually its the latter, not a New version 

If in doubt, redact the order, post a redacted picture, let us decide what you should be doing to help the actual defendant