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ParkingEye court claim

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Comments

  • Coupon-mad
    Coupon-mad Posts: 161,374 Forumite
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    edited 17 June 2025 at 12:16AM
    Yep all good but nothing is "shown below" at defence stage. Evidence comes later,

    You should also delete from the middle of the Template defence all the old stuff about the DLUHC and the draft Impact Assessment because it is old news (new info is expected any week now from the current Government).
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  • FGLLA
    FGLLA Posts: 81 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Hi All,

    Got the attached reply to defence from the claimant. Anything to be concerned about or anything I need to respond to?






















  • Gr1pr
    Gr1pr Posts: 13,375 Forumite
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    That is not a reply to the defence,  it's a Witness Statement,  says so at the bottom in the signed statement of truth 

    Since you last posted,  months ago,  you haven't updated this thread, yet you will have received a court order from your local civil court with deadlines and a hearing date,  so get it out and check the WS stage deadlines,  which is where you are at , the WS stage  ( a few weeks before the hearing  )

    The fact that you have received their WS tells me that yours is due, or is late 
  • Coupon-mad
    Coupon-mad Posts: 161,374 Forumite
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    edited 15 September 2025 at 3:22PM
    Weird! It is signed 'witness statement' but headed as REPLY TO DEFENCE

    If you have a hearing Order then you have a deadline to do your WS. On page 2 of it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • FGLLA
    FGLLA Posts: 81 Forumite
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    Gr1pr said:
    That is not a reply to the defence,  it's a Witness Statement,  says so at the bottom in the signed statement of truth 

    Since you last posted,  months ago,  you haven't updated this thread, yet you will have received a court order from your local civil court with deadlines and a hearing date,  so get it out and check the WS stage deadlines,  which is where you are at , the WS stage  ( a few weeks before the hearing  )

    The fact that you have received their WS tells me that yours is due, or is late 
    Weird! It is signed 'witness statement' but headed as REPLY TO DEFENCE

    If you have a hearing Order then you have a deadline to do your WS. On page 2 of it.
    The deadline for the N180 was 21st August 2025, which I completed and sent back, and since then I've only received this "reply to defence" from the claimant. Not received a court order/WS request yet but I assume it should be soon.

    Should I respond to the claimant's reply?

    I had one other question regarding the grace period. The claim seems to be for an overstay of 10 mins, however, checking the BPA code of practice allows for a grace period of 10 mins. My defence doesn't mention the grace period, should I update it to include reference to this?
  • Gr1pr
    Gr1pr Posts: 13,375 Forumite
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    edited 16 September 2025 at 10:44AM
    OK, not heard of that happening before,  seems like they sent the wrong form, but nevermind , it gives you a heads up and as you have not received a court order from your local civil court yet, nothing to worry about at the moment,  but it will happen,  so prepare for it with your WS bundle 

    Too late and too costly to amend your defence,  but you will be using the BPA Code of Practice that existed on the incident date itself,  so use the correct one 

    However,  your understanding of it is incorrect,  it's a MINIMUM of 10 minutes,  note the word minimum,  it's very important

    Parking Eye calculate the time on site versus the time allowed or paid for,  plus a MINIMUM of 10 minutes to leave,  so from entry to exit,  using ANPR cameras. So look at your time allowed,  let's assume that it was 120 minutes,  plus a minimum of 10 minutes to leave,  so their system would clock any late leaver that was over the 130 minutes threshold 

    So work out your own case and use the grace period in order to explain delays etc, queues at the exit,  congestion,  blocked main roads,  think about it,  but be truthful 

    No need for any reply,  definitely not , compulsory mediation is next
  • FGLLA
    FGLLA Posts: 81 Forumite
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    Gr1pr said:
    OK, not heard of that happening before,  seems like they sent the wrong form, but nevermind , it gives you a heads up and as you have not received a court order from your local civil court yet, nothing to worry about at the moment,  but it will happen,  so prepare for it with your WS bundle 

    Too late and too costly to amend your defence,  but you will be using the BPA Code of Practice that existed on the incident date itself,  so use the correct one 

    However,  your understanding of it is incorrect,  it's a MINIMUM of 10 minutes,  note the word minimum,  it's very important

    Parking Eye calculate the time on site versus the time allowed or paid for,  plus a MINIMUM of 10 minutes to leave,  so from entry to exit,  using ANPR cameras. So look at your time allowed,  let's assume that it was 120 minutes,  plus a minimum of 10 minutes to leave,  so their system would clock any late leaver that was over the 130 minutes threshold 

    So work out your own case and use the grace period in order to explain delays etc, queues at the exit,  congestion,  blocked main roads,  think about it,  but be truthful 

    No need for any reply,  definitely not , compulsory mediation is next
    Ok thanks for the clarification, good news that its the minimum!

    So their ANPR shows entry at 11:59:51 and exit at 14:10:27. A 2 hour ticket was purchased.
    Probably worth mentioning the the driver bought 2 tickets, one for themselves and one for another driver.

    Also, received the mediation letter, but the date on it hasnt been entered!
    I'll contact them to find out what date it is planned for.

     
  • Coupon-mad
    Coupon-mad Posts: 161,374 Forumite
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    Absolute. Chancers.

    ParkingEye trying to pretend there isn't a mandatory minimum ten minute grace period!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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