Parking Eye yet another Defence for County Claim

borkis

Firstly, let me express my gratitude for what your guys are doing for legally educating people, constantly updating and refining template, and making the country better. Especially @Coupon-mad and @KeithP.

I am at court claim stage (dated 3-Mar, AoS filed 11-Mar)

As per NEWBIE2 post I am using the latest defense template and only posting here my own parts (please see below in bold).

My story:

I visited remote city and found an electric charging point without parking restrictions through an "Electroverse" app. This app is usually is very good in warning about any parking restictions.

Upon arrival I charged my car in one of 3 charging bays, clearly marked as "Electric vehicle recharging points only", there was no clearly readable contractual signages. There was an unreadable "Parking notice" plate in small print.

It turned out that this land is managed by Parking Eye on behalf of Holiday inn hotel.

Claim defines that I used private land without authorisation.

I am building my defence based on the following:

1. Sinages were not clear and made in small prints
   
2. The incurred cost is exaggerated and there is no Precise calculation of the incurred loss
   
3. ANPR was not marked to be visible
   
4. Term "breach" is not specified
   

Particulars of Claim:

Claim for monies outstanding from the Defendant in relation to a Parking Charge (reference (...)) issued on (...). The signage clearly displayed throughout hotel (...) states that this is private land, managed by Parking Eye Ltd, and that it is subject to terms and conditions, including authorisation being required for parking, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle (...) entering and leaving the site on (...), and parking without authorisation. Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach.

Here is the paragraph 3 that AI Copilot generated based on the above story:

The Defendant asserts that their visit to the site was undertaken in good faith, having relied on the official "Electroverse" application, which is generally reliable in warning users about parking restrictions. Upon arrival, the Defendant found one of three clearly marked charging bays designated for "Electric Vehicle Recharging Points Only." The Defendant proceeded to use the charging point, observing no other visible signage that indicated additional terms or restrictions. A small "Parking Notice" plate was present, but its content was printed in small, inconspicuous lettering, failing to adequately convey any contractual terms. The Defendant maintains that no visible or sufficiently prominent signage alerted them to the need for specific authorization or additional conditions for using the land. Furthermore, the Defendant contends that the term alleged to have been "breached" was not specified, the incurred costs are disproportionate and unsupported by a precise calculation of loss, and the Automatic Number Plate Recognition (ANPR) system was not marked as visible to the public. Accordingly, the Defendant submits that no valid contract was formed due to the inadequate and unclear signage, and the claim should be dismissed.

I would really appreciate if someone could answer below two questions:

• Q1: I see that most users on this forum are quite wordy on what has happened and I only have managed to compile one short paragraph. Does this paragraph make sense and shall it be expanded to improve my chances?

• Q2: From the claim it seems that claimant did specify the breach - that "I used privte land without authorisation" Can you please confrim from Particulars of Claim that "breach" related defence points are relevant?

Coupon-mad

They did specify the breach so you are right to use the Template Defence that has para 3 as your facts.

However, because it's a PEye in-house claim, you need to add the extra paragraph about the random £25 they add on, as seen in other threads like this. Try searching for:

Claimant £25 new tactic defence

amoladakasth

I'd be interested in hearing about the outcome of your case OP, as I've just submitted an appeal myself.

Coupon-mad

amoladakasth said:

I'd be interested in hearing about the outcome of your case OP, as I've just submitted an appeal myself.

An 'appeal' and a defence are two very different things & this OP has only just defended and is months away from an outcome.