Claim Form from Civil National Business Centre

throwaway7483929

Hoping someone can help me out a bit here. Back in August 2024 I received a parking fine from ParkingEye for going over the 2 hours I'd paid for slightly when I didn't get a reminder of the parking expiry. It would have been 60p for the additional time.

I appealed this, and never received anything further from ParkingEye or anything since until today, where I've been sent a claim form from the Civil National Business Centre.

I have parked in the area since and have noticed ParkingEye no longer operate the parking there.

I've had a read through the information on this thread however I'm now incredibly stressed and struggling to take it all in. They're claiming £210, and the notice is dated 06/01/2025.

I'm really not sure where to go from here.

KeithP

Hello and welcome.

I am going to assume that the Issue Date on the Claim Form is 6th January 2025. Please confirm.

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

With a Claim Issue Date of 6th January, you have until Monday 27th January to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 11th January, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th February 2025 to file a Defence.

That's over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

throwaway7483929

KeithP said:

Hello and welcome.

I am going to assume that the Issue Date on the Claim Form is 6th January 2025. Please confirm.

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

With a Claim Issue Date of 6th January, you have until Monday 27th January to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 11th January, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th February 2025 to file a Defence.

That's over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Thanks Keith. Yes the issue date is set at 06/01/2025. I'm unable to attach photos due to my account activity length, however this is how it reads:

Claim for monies outstanding from the Defendant in relation to a Parking Charge Reference XXX issued on 04/07/2024. The signage clearly displayed throughout Tynemouth Station, North Shields etc. states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including the payment of parking tariffs, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle XXX entering and leaving the site on 30/06/2024, and parking without a valid paid parking ticket and paking tariffs apply after a free stay period. The Defendant had the opportunity to appeal to POPLA, the independent appeals service for parking on private land, but this has not been taken.

I can't remember the name of the company that has taken over the parking in that area since, but ParkingEye do not operate the parking anymore.

Coupon-mad

Anyone can show photos.

throwaway7483929

Apologies, please see below the only correspondence I have received from ParkingEye in the form of the original PCN and the claim form I have now been issued with. 

In addition to this, I have also looked at my parking history and at the time of the incident I paid with PaidbyPhone and the landowner was Station Developments Ltd.

Parking in the same area from a couple of weeks later was made through Evology Parking that cite the landowner as Dysart Group. Could the change of ownership be the reason I have not been persued until now?

Gr1pr

More likely that the wrong entity was paid leading to the NTK PCN letter for non payment,  you could have paid me and still received a pcn  !

The signs would be useful in determining the error,  not just the paperwork,  Parking Eye dont tend to monitor or enforce on stations,  more likely to be private property near that station 

Parking Eye had 6 years to sue, so 6 months is nothing,  they allege that you didn't follow the appeal process,  hence the court claim,  a claim that they brought themselves   ( so not through DCB Legal   ). I also note that they are suing for the typical loss in court figure,  so £210 , no spurious addons.   They tend to have good grounds when they bring their own claims 

I suggest that you do the AOS online on MCOL,  then start drafting your defence 

Car1980

Their Notice doesn't adhere to the Protection of Freedoms Act 2012 in my view.

(2)

The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;

inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time which is—

(i)specified in the notice;

There is no mention of any free parking period and they are claiming you owe for 3 hours 22 minutes parking instead of 2 hours 22 minutes. There is no mention of the charge being for a specified period, or even what the notice is actually for. 

It's the equivalent of a council Penalty Charge Notice that has no contravention on it.

throwaway7483929

Car1980 said:

Their Notice doesn't adhere to the Protection of Freedoms Act 2012 in my view.

(2)

The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;

inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time which is—

(i)specified in the notice;

There is no mention of any free parking period and they are claiming you owe for 3 hours 22 minutes parking instead of 2 hours 22 minutes. There is no mention of the charge being for a specified period, or even what the notice is actually for. 

It's the equivalent of a council Penalty Charge Notice that has no contravention on it.

Thanks for this. I've checked my PaybyPhone app and I paid 50p for parking, which I believe was the 1 hour free and 1 hour paid. I don't contest that I did go over, and had I received a response to the appeal I probably would have just paid a reduced charge. 

I assume I can pop your points above in my defence? I think what I'm worried about most is it going to a court stage and me not having a clue what I'm doing!

Gr1pr

The back of the NTK PCN letter will state the contravention,  but you haven't shared a picture of it , just the front,  hence why we only have half a story so far,  so some of the advice above may be incorrect,  PE always put the details on the back in the first couple of paragraphs, if its railway land the POFA schedule 4 doesn't apply 

The signage gave you the terms and conditions for parking,  the contract,  but we don't know what it said, no pictures to go off 

If you did lodge an appeal at the time, with Parking Eye,  then they should have replied,  possibly by email,  which may have gone into your spam folder,  so you have no idea if they replied or not , so dont speculate,  stick to known facts

I wouldn't be popping the above into any defence without checking the facts first 

You may be OK doing the AOS this weekend,  but personally I would do it in a few days,  just to be sure of getting the 33 days to the deadline   ( others may disagree,  but the end result is the same,  even if it was done on day 19  )

Coupon-mad

Please show the back of the PCN (not a Reminder). If it is an actual station car park, then it's likely a railway byelaws site (no keeper liability).

throwaway7483929

Coupon-mad said:

Please show the back of the PCN (not a Reminder). If it is an actual station car park, then it's likely a railway byelaws site (no keeper liability).

Sorry, this is the back of the PCN.