Parking Eye / money claim

sleeptalking66

I wonder if someone could give me some advice on defending a money claim I’ve received from ParkingEye.

I wish I’d been aware of the full context regarding the company involved and had found this site earlier. Unfortunately, I’m already partway through defending their claim against me and only discovered this site when I decided to Google the names to check if it was some sort of scam.

Brief Context

I left my car in a car park for 20 minutes in 2023.

As far as I was concerned, the car park wasn’t operating as usual because:

1. Both entry and exit barriers were raised.

2. A film production crew was using most of the car park, and security staff at the entrance told me it wasn’t operating as normal. However, they said that if I was only going to be quick, I could park in a designated space.

3. I had used the car park before with someone else and remembered them using a ticket to exit.

In short, I was confident that parking rules were suspended, and in any case, there was no means to obtain a ticket upon entry as usual.

The day was unremarkable, and I completely forgot about it until this year when I received a letter out of the blue from the court with a claim for £263.50 (comprising £178.20 for the claim, a £35 court fee, and £50 solicitor costs).

Particulars of Claim

The claim states:

1. “The defendant is indebted to the claimant for a parking charge issued to vehicle [XXXXXX] at Kingsland Shopping Centre.”

2. “The PCN was issued on [date].”

3. “The defendant is pursued as the driver of the vehicle for breaching the terms displayed on the signs (the contract). Reason: The vehicle remained on private property in breach of the prominently displayed terms and conditions.”

4. “In the alternative, the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.”

I used my Google Maps timeline to check what I was doing on the day they allege I incurred this penalty and to figure out what had happened.

This was the first time I had heard anything about this incident, so I simply submitted a defence based on the explanation above, assuming they wouldn’t persist with the action.

Since then, I’ve received multiple missed calls from a number linked to DCB Legal and some correspondence stating that they will proceed with the claim against me but may be willing to settle out of court.

Reading the threads here makes me feel a bit better but also incredulous that they can act so nonchalantly within the court system, causing unnecessary stress and wasted time for people.

I now have to file the Directions Questionnaire. From what I’ve read in previous threads, it appears that I cannot decline mediation at this stage because the form has changed, but I can request a hearing at my local court (which I believe would be Edmonton).

Is there anything else I should do at this stage?

Thanks, everyone!

Coupon-mad

Welcome!

Same as all ParkingEye DCB Legal claims.

Use the special defence (starting with Chan & Akande) in the first post of the Template Defence thread. Easy. Copy.

Le_Kirk

I believe the OP has already submitted a defence.

Gr1pr

To the OP

Just keep following the 12 steps in the defence template thread 

Mediation is compulsory and has been since last summer 

Yes you choose your local civil court for any possible future hearing 

Anything else to do  ?  Yes, definitely 

Complain to your local MP about your concerns, also complaining about the stalled mandatory CoP at the MHCLG 

Sign the petitions listed in replies by Nelly Moser here too

Nellymoser

https://forums.moneysavingexpert.com/discussion/6595460/parking-petitions-x-5-on-uk-parliament-petitions-website

sleeptalking66

Thanks for the advice. 
I submitted the DQ ok and had my telephone 'mediation' appointment. 

From what the mediator said, they conceded that the facts of what I had stated in my defence were correct.. i.e. the car park wasn't functioning as normal. The barriers were raised so no tickets were being issued on entry and obviously no way to pay a parking charge. 
They also accept that the car park was given over to a film production and that I was told I could use the parking if I was only there briefly.. which I did for 20 minutes or so. 
They contend that I still parked illegally on their land and that I should have sought alternative parking instead of using their land. 
There were no signs saying that the car park was closed there was no means to pay any charge or recieve any ticket and the one person who seemed to be in charge of the space, directing film production vehicles to correct parking spaces seemingly gave me the ermission which any reasonable person would have believed to be fair given all the circumstances. 
I've had many missed calls from DCB legal and the mediator said they were looking to settle at a reduced rate (down from the almost £300 in the claim) but I declined and said I would welcome the chance to explain this all in court. 
They said they would pursue the claim to court and so I'm now expecting a date at my local court. 

a couple of questions for the group. 
1. I understand its not generally possible to raise a counterclaim after the defence has been submitted but I'm a freelancer who had to turn down a days work to make myself available for this and feel strongly that that should be taken into consideration. Do you have any advice about how to approach that? especially since It might happen again when the court hearing is held  
2. Any specific points of law that I should refer to in the hearing given the circumstances in which I parked?

thanks for any ideas you might bring! 
all best

Gr1pr

1) You claim your costs at the WS stage and repeat it in court at the end if you win, which typically is capped at £95   ( nothing to do with any counter claim,  which is submitted and paid for at the earlier defence stage anyway   )

I suspect that you are getting the 2 mixed up 

2) all your evidence,  exhibits,  transcripts, links etc will be in your Witness Statement + Exhibits bundle which you supply to all parties a few weeks before the hearing,  so you don't introduce them in the hearing,  but can mention content from both WS bundles in the hearing,  especially if asked 

But the chances are that the Claimant will discontinue near the court fee stage,  leaving you deflated yet thankful  too  ( almost guaranteed if DCB Legal are handling the claim   ?  )