Parkingeye Fitness First Wigan CCJ Defence - Help Needed Please

ParkAnywhere

Hi,

I've received a claim form regarding Parkingeye Ltd, I have read the newbies thread, but am struggling to word my defence, any help would really be appreaciated.

The Particulars of Claim are:

Claim for monies outstanding from the Defendant in relation to a Parking Charge (reference XXXXXX/XXXXXX) issued on 12/11/2024. The signage clearly displayed throughout Fitness First Wigan Paid Parking, Stadium Way, Wigan, Lancashire, WN5 OUN 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 XX73XXX entering and leaving the site on 07/11/2024, and parking without paying to park. 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. As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).

Claim Issue Date is 03/03/2025

Acknowledgment of Service was submitted and received on Money Claim online on 14/03/2025.

I was not the driver of the vehicle and have not received any other correspondence to the best of my knowledge. (Post is not the best around my area, so probably was posted by parkingeye). Have spoken to driver (Partner), who states they googled Fitness First Parking and the first result was Fitness First website link including the words free parking. Therefore because she checked prior to leaving she did not check any signs on site. I have confirmed google still brings back this result and when clicking the link your taken to fitness first website where it also states free parking, no terms and conditions etc. 

I have checked signs on site using Google maps, can't read the terms as the image is not good enough on google maps, but there are still signs up from old land owner, DW Sports, adding more to the confusion. 

I have included the standard paragraphs from Coupin-Mad's template defence thread into my defence and Im looking for wording for the £25 Parkingeye add on, not mentioned on the signs, to add to my defence. But Im struggling with how much or little detail to add in section/paragraph 3.

Thanks for any help anyone could provide and thanks for the help already provided by everyone on this forum. 

Much appreciated 

ParkAnywhere

Sorry forgot to mention that the claim is an in house Parkingeye Claim from Parkingeye direct and not from Solicitiors.

Gr1pr

If they complied with POFA 2012,  then you could be held liable as keeper 

The signs in the car park on the incident date dictates the parking contract,  not anything on Google or on GSV either

The driver accepted the signage contract when they parked there. It probably expected them to input the VRM details inside at reception,  a common practice in many businesses these days 

Presumably you ignored the postal notices and also failed to disclose who was driving,  seeing as you are the non driving keeper 

ParkAnywhere

Gr1pr said:

If they complied with POFA 2012,  then you could be held liable as keeper 

The signs in the car park on the incident date dictates the parking contract,  not anything on Google or on GSV either

The driver accepted the signage contract when they parked there. It probably expected them to input the VRM details inside at reception,  a common practice in many businesses these days 

Presumably you ignored the postal notices and also failed to disclose who was driving,  seeing as you are the non driving keeper 

Thanks for reply

I think they did comply with POFA 2012, Particulars of Claim state the parking offence occurred on 07/11/2024 and they sent notice to keeper on 12/11/2024 within the fourteens days. 

I did not receive any letters until receiving Claim Form from HM Courts and Tribunals service. Do not know the reason why. I have sent email subject access request to try find out if they did send letters and comply with POFA 2012. 

The driver says they did not see or read the signs as they had prior knowledge from landowners website that parking was free. 

Is this case not possible to defend and am I best paying up? 

ParkAnywhere

Driver says from their memory they arrived at around 17:30 and was dark, sunset in wigan on the date was 16:26. Driver says she did not see or read the signs but has now added that there were no signs lit up and the car [parl lighting was not on. I have no way to confirm the arrival time, because no time on POC and have not received any correspondence before Claim Form. I also have no way to confirm the lighting situation on the date in question. Would it be advisable to travel to site and get evidence at this stage (or at least be able to confirm what is being said by driver) before entering my defence?

Coupon-mad

But NOWHERE in the second post of the Newbies thread do we ever tell people to pay when they receive a court claim.  No!

Come on, it's no-brainer to defend (REGARDLESS OF FACTS) and the NEWBIES thread tells you this.

You even get a Mediation phone call stage early on when you can make an offer to the Mediator. Start at £30 - slowly increase the offer - and I reckon PEye will settle at £60 (if that's how you want to play it). Up to you but you certainly DON'T pay two hundred quid now to avoid an easy phone call resolution for a quarter of that!