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Parkingeye court claim

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  • Foxy0_0
    Foxy0_0 Posts: 63 Forumite
    Fourth Anniversary 10 Posts
    Any advice on the above evidence please ? Thanks.....




  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think you need to give us more information about what has occurred here. Are you saying this parking charge has been issued to the wrong vehicle that you have no connection to? Or something else. It's impossible to critique a Defence where we know virtually nothing about the background.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Gr1pr
    Gr1pr Posts: 8,722 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 25 November 2024 at 8:35PM
    Exhibits are submitted with the Witness statement bundle next year 

    Stick to concise text only facts for paragraphs 2 & 3 

    Please alter the thread title to something more meaningful too

    Parking Eye Court Claim , or similar 
  • Foxy0_0
    Foxy0_0 Posts: 63 Forumite
    Fourth Anniversary 10 Posts
    I pay £1.00 per day to park on my employer's car park which is run by Parkingeye. I have never missed a payment over a period of 9 years as the parking fee was taken from my wage on a monthly basis.  I then switched employer and moved elsewhere but returned 1 year later and before the college could get me back on the car park payment system, I paid cash into the machine. On the day of the fine , I was dealing with an incident and forgot to pay. When I received the notice of a £75.00 fine I spoke with the manager of the estates and they told me to appeal and if thrown out to appeal again to the National Parking Body. I appealed because the time was incorrect on the initial photograph which Parkingeye provided. My car was parked there but not at 7.15am in the morning. It was parked on my driveway at home. 
    Gr1pr advises stick to concise text only facts, which makes good sense but unsure of how to accurately " Say why the car was there - if you know - but don't answer to details that are not stated in the PARTICULARS OF CLAIM. 
    Thoughts please and thanks for the replies.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 November 2024 at 9:48PM
    @Foxy0_0, in the PM you sent me you mentioned "Due to the clocks going back an hour on the weekend of 30/11/2023, I believe the time was incorrect on the PCN photograph".

    Can you perhaps expand on that and explain how that might mean that ParkingEye have got it wrong.
  • Foxy0_0
    Foxy0_0 Posts: 63 Forumite
    Fourth Anniversary 10 Posts
    The PCN photograph showed a time in the morning when my car wasn’t there. I immediately thought there had me an error with the calibration of Parkingeyes equipment but it didnt make sense as it appeared their time on the photo was 2 hours behind the correct time.
    I explained this in the appeal but they dismissed this and said the cameras and times had to be accurate. 
  • Gr1pr
    Gr1pr Posts: 8,722 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 25 November 2024 at 10:58PM
    Just say what you know, facts, dont make assumptions or do their job for them

    First job. ?  Look at the allegation on the POC and make a concise rebuttal against it, text ONLY, no Exhibits 

    My point was that you save the evidence until your WS bundle in several months time 

    I read the POC and the exact breach is not specified, so nobody knows what it was, not from the POC 
  • Thanks Gr1pr. I am now understand your logic and advice. 
  • I assume that I do a concise rebuttal in paragraph 3 of the template ? and leave the remaining paragraphs ?
  • Gr1pr
    Gr1pr Posts: 8,722 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Just post your proposed paragraphs below, typically paragraphs 2 & 3 below ( unless you are using the alternative defence. ?  ) if its the latter I think that its 2 & 5. ?

    Don't post all the unchanged paragraphs on here 

    Once your adapted paragraphs are completed and approved, slot them back in, replacing the ones in the template 

    All of the paragraphs will be in your final draft 
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