Parking Eye Claim Set Aside & Re-Service Deadline

Coupon-mad

They can all be applied to your case which is about a £70 PCN with £25 added.

But you should remove the old paragraphs in the Template about the DLUHC and their draft Impact Assessment, as that's old news. You can see which ones. I haven't looked recently but I will be removing that stuff

Your para 12 muddles two different points. The added £25 'fee' is a separate point to the first sentence so it shouldn't be part of that paragraph. The point you should make is that ParkingEye signs never mention added fees so that add-on is conjured up out of thin air.

Para 13 - remove it. ParkingEye are not subject to FOI law but the NHS Trust is. If you want those figures, use WhatDoTheyKnow to send a FOI to the NHS Trust to cough up this stuff.

BunnyPaws

Thank you @Coupon-mad. I will amend 12 and delete 13. As it all happened over 6 months ago, I cannot for the life of me remember where exactly I parked. Google Earth and Streetview only show the entrance, but it is not the road I remember. Would it help my defence that the original appointment was at a place with absolutely free parking that was hugely advertised? When I was relocated to a place with parking restrictions it was not my choice. I was directed by NHS staff and had to attend wherever they sent me because it was part of my rehabilitation after heart attack. Or is it irrelevant, because court hearing would be about breaching the alleged contract?

The Defendant further states that prior to the relocation, they had researched parking arrangements only for the original appointment location at Health Centre, which offers free parking. The Defendant had no opportunity to research or understand the parking terms and conditions at District Hospital before attending, as the relocation was communicated only on the day  and 10 minutes before the original appointment and was urgent in nature.

At the time, the Defendant did not have access to mobile internet or other resources to check parking information due to financial constraints. The Defendant’s knowledge of NHS ULHT parking policies was limited to information from their family members, who had visited them at LXXX Hospital, where a 30-minute free parking policy applies; this policy is consistent across hospitals in the same NHS Trust, including District Hospital.

The Defendant did not rely solely on signage to understand parking obligations and was focused on arriving on time for cardiology appointment. Accordingly, the Defendant had no fair opportunity to enter into or accept any parking contract at the relocated site.

Coupon-mad

I'd say that is irrelevant.  This is all about whether you breached a term on a sign in the area.

BunnyPaws

I have sent defence to the County Court and ParkingEye on time. Today I received this from the court. It is addressed to me, but I’m not the claimant here. Is it a mistake or do I have to send N180 to ParkingEye and the court? 

Coupon-mad

That's just a copy of what has also been sent to the Claimant. They forgot to cross out the line about the defence being sent! Imagine that line is crossed out and it makes more sense.

You both get a DQ to complete.

See the 'first 8 steps' which covers this.

BunnyPaws

This week, I revisited the site and saw that the wall now has a clear “Staff Permit Holders Only – £70 fine” sign. I don’t remember it being there 8 months ago, or it may have been blocked by a van or other large vehicle. I didn’t knowingly park in a restricted bay.

My defence is already filed and based on not knowingly entering a contract, no clear signage and the fact that I didn’t park in a managed pay-to-park area.

But now I’m panicking and I’d really appreciate views on a few things:

1. If I include a photo of the current sign in my witness bundle, will it undermine my defence, even if I explain I didn’t see it or it may have been installed later?

2. The Particulars of Claim state that their system captured my car entering and leaving and parking without a valid paid parking ticket, not that I parked in a staff-only bay. The sign I saw the other day doesn’t ask to pay, it forbids to park there without permit or £70 charge will apply. Can they now change their legal basis and argue it was a staff bay misuse instead?

3. If this claim fails, could they try to bring another one based on the staff permit issue?

4. Am I now completely screwed? I’m acting honestly and in good faith, but this discovery has shocked me.

Coupon-mad

No.

Is the answer to ALL those qs.