Parking eye Court Claim

cherryelle

Hello

Parking Eye has issued a court claim against me, claiming I exceeded the maximum stay from 30/4/25 - 1/5/25, which I didn't!

Firstly, I was not driving the vehicle at the time; this was a friend who is a named driver.

Secondly, my friend, in my vehicle, visited twice, once on the 30/4 and again in the early hours of the 1/5. My friend has bank statements showing these transactions at the McDonald's. I also have a WhatsApp voice note in our chat asking my friend to grab me a Maccies on their way to mine in the early hours of the 1/5.

Thirdly, this isn't the first time this company has done this when there have been two visits to McDonald's in Fenton, Stoke-on-Trent. However, I have previously called McDonald's and they have sorted it. I did call them again this time, but it seems the person I spoke to didn't do this, for whatever reason.

Fourthly, after receiving the court claim letter i contacted Macdonalds. The current manager apologised and emailed parking eye on my behalf. They have since wrote to me stating they will accept £70 to be paid within 14 days or they will proceed with rhe court claim.

This is the defence I drafted prior to seeing this thread:

I dispute the full amount of the claim.

I did not park at McDonald’s continuously between 30/04/25–01/05/25 as alleged. My vehicle made two separate visits: once during the daytime on 30/04/25, and then again just after midnight on 01/05/25.

On 30/04/25, my vehicle was used by a friend (who is a named/registered driver of my vehicle) for a visit to McDonald’s during the day. Later, after midnight on 01/05/25, the same friend attended the gym and then went to McDonald’s. I was not the driver if the vehicle on either of these occassions and I can provide my friends bank statements showing these two separate transactions. I also have a time-stamped WhatsApp voice note in which I asked my friend to go to McDonald’s after the gym on the 1/5/25, which supports this account.

This is not the first time ParkingEye Ltd has made an incorrect claim against my vehicle for exceeding the max stay following multiple short visits.This clearly indicates an error with their ANPR camera system recording two visits as one continuous stay.

Furthermore, when I received the initial letter from ParkingEye, I contacted McDonald’s Fenton. I was told they would sort it with ParkingEye, as they have done in the past. When I followed up, I was informed this had not been completed. The current manager, Joanne, then agreed to email ParkingEye on my behalf to confirm the position. I have since received a further letter from ParkingEye stating that, upon receiving further information, they would accept a £70 payment or they would continue to pursue the court claim.

This is a very significant reduction from the total of £215 that the claimant is seeking. In my opinion, this demonstrates that ParkingEye are aware they have no valid claim and are instead attempting to pressure me into payment.

For these reasons, I ask that the claim be dismissed in full.

 
So my questions are:
Do I have a good defence? Is there anything I need to change or make explicit in my defence?
Will I need to send my evidence with my defence form?

Thank you x

Gr1pr

Its a witness statement, an explanation of events, not a defence,  plus it's written in the first person,  but a defence is written in the 3rd person 

Yours is known as a double dipping case,  very common,  2 short visits,  not one long visit


Study the newbies sticky thread in announcements near the top of the forum,  read the 2nd post,  the study the 1st two posts in the defence template thread in announcements,  use the new and concise template,  which is written correctly,  not your WS

No evidence is submitted with a defence 

You dont send the paperwork,  you file it,  because you will be using MCOL instead

Are DCBLegal involved   ?  Or only Parking Eye   ?

Post the Issue date from the top right of the claim form below and also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Castle

You left a claim number and Parking Charge reference showing.

Gr1pr

The company or companies involved are in the top 2 boxes on the left hand side,  so if DCB Legal are not in the second box,  then it's issued by Parking Eye only!   So in house

Issue date is 4th August,  so login to MCOL and complete the AOS online on MCOL ASAP,  if not completed already 

Report your post with the pictures and have them both deleted, redact the firm properly and repost the correctly redacted pictures 

cherryelle

Castle said:

You left a claim number and Parking Charge reference showing.

I have deleted it now, thanks. 

cherryelle

Gr1pr said:

The company or companies involved are in the top 2 boxes on the left hand side,  so if DCB Legal are not in the second box,  then it's issued by Parking Eye only! Do in house

Issue date is 4th August,  so login to MCOL and complete the AOS online on MCOL ASAP,  if not completed already 

Report your post with the pictures and have them both deleted, redact the firm properly and repost the correctly redacted pictures 

Hello, I have attached the redacted claim form below.
Can I check that the draft defence will apply to  the poc in this case? 

Thanks

Coupon-mad

Yes I think your bespoke defence is good for a double dip case, but it needs paragraph numbers added.

As you say they've illegally obtained your data for double dips twice, why not tack on a £300 Counterclaim under the DPA 2018? You'd have to plead it properly and it will cost a £35 fee but if you fancy doing this you have a good case: search the forum for:

counterclaim @Nosy

and read all results.