Private land retail park court claim overtastaiyng

0107shumaker

Hello,
Help please needed for a defence letter. Parking eye says overstayed the free 3 hour stay.by 1 houror something. The breach is on those poc.attached.
Any help appreciated.
Thank you in advance.

Gr1pr

Post the Issue date from the top right of the claim form below 

Study the second post in the newbies sticky thread in announcements near the top of the forum 

Use the new template defence by coupon mad in announcements at the top of the forum 

Coupon-mad

0107shumaker said:

Hello,
Help please needed for a defence letter. Parking eye says overstayed the free 3 hour stay.by 1 houror something. The breach is on those poc.attached.
Any help appreciated.
Thank you in advance.

If the driver overstayed at a clearly signed(?) Parking Eye managed retail park, they - ParkingEye - will win at the hearing. I can see this is a claim made by ParkingEye themselves.

On the right, have they added £30 to the PCN, or £25? (I'm not asking about the other fees). Was £25 added or £30?

Nor am I telling you not to defend. But you should expect to lose at a hearing so you should make a decent - high two figures- offer at Mediation this summer (a simple phone call).

Should have got this PCN cancelled by the retail park at the time. Would have been easy.

0107shumaker

around three months pcn issued. Straight to court claim.

0107shumaker

The defence template for this poc ?

Coupon-mad

It's the Template Defence because PEye have added £30 that wasn't on the signs.

0107shumaker

I don't understand what you are trying to say @coupon-mad.
First you asked about £25 or £30 added? 
I would like to know which one defence template to use for this case, and where is it.
Thanks 

0107shumaker

Do I stand a chance to win it or should I go for your advice earlier about generous offer 

Coupon-mad

0107shumaker said:

I don't understand what you are trying to say @coupon-mad.
First you asked about £25 or £30 added? 
I would like to know which one defence template to use for this case, and where is it.

And I answered: use the Template Defence.

You know where it is because you saw the announcement threads pinned at the top of the parking forum when you started this thread.

And if you are in doubt - maybe not used to navigating forums - my signature tells you exactly where to click to hop back there.

My advice to make an offer to settle the case was clearly for Mediation stage, which I already explained, comes after defence: as I said, it's a simple phone call, this Summer.

0107shumaker

Thanks @Coupon-mad .
The PEye  on the PoC uses consumer act, shall I use the same standart template, and mention the Beavies cases, Chan, Akande, Hannah Robinson ?
Or is there a different template ?

Thank you 

Gr1pr

You definitely wont win, so you must negotiate a settlement figure at the mediation stage in a couple of months time , like coupon mad stated above 

Just use the standard template,  no Akande,  no Chan, keep it simple

They would use the Beavis case against you,  apart from the additional spurious £30 they added on to the £100

So keep it a simple defence based on the template,  where you add your very short, concise paragraph 3,  plus add and driver at the end of paragraph 2 if you were the driver 

Then you follow the first few steps in the 8 steps, but when you are on the pre court mediation call, you must try to settle the matter and pay, because you definitely wont win a 1 hour overstay case in court