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Claim form from the County Court

Hi everyone, I’m looking for some advice regarding a ParkingEye County Court claim.

I have received an official County Court Claim Form from ParkingEye dated 11 September 2026. The claim relates to Maybrook Retail Park, KFC Canterbury. The alleged parking event took place on 4 May 2024 at around 1:00 a.m. The ANPR records show that my vehicle was there for 5 minutes and some seconds. Between 11:30pm - 6am I prohibited parking. I didn't know that.

I am a taxi driver and was dispatched to the location for a pre-booked customer pickup. I entered the car park at around 1:00 a.m. because I was expecting to collect the passenger. The KFC was completely closed at the time.

I waited/looked for the customer in this time. I also contacted the customer by text. They replied that they had accidentally got into a different taxi, thinking it was me. As soon as I realised the passenger was not there, I left immediately.

I have already filed my Acknowledgement of Service (AOS), intending to defend the claim in full. I just registered not finished it.

I no longer have the original booking screenshots.

I would really appreciate some advice from anyone familiar with ParkingEye claims and the BPA rules. In particular, how could I frame the facts around the BPA Consideration Period, given that the vehicle was present for less than 10 minutes and I was there solely for a genuine taxi pickup?

I would also like to understand how best to explain the circumstances regarding whether any parking contract could reasonably have been formed, given that the site was closed and I was attending a pre-booked pickup rather than using the retail park.

Could anyone please advise how this specific timeline and these circumstances could be set out properly in a formal defence, and whether there are any relevant points I should consider?
Please advise me if it is better to pay off the charge now or continue in court?
Thank you!

Comments

  • Woodstok2000
    Woodstok2000 Posts: 2,200
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    edited 16 September at 11:56AM

    Don't bother with the consideration period unless the car park is 500 spaces+ - the BPA minimum for most car parks is 5 minutes (1 minute for short stay). It's only 10 minutes where there are more than 500 spaces and a free parking period of up to 1 hour. Those times are minimums, but all parking firms apply them as if they were absolute.

    Others will be able to advise better on specifics, but I imagine your best defence is that you were not parked, collecting a passenger is not parking. Assuming they caught you with ANPR, one argument could theoretically be that you entered the car park, drove around it for 10 minutes without stopping or parking while waiting for the passenger, and then left without ever stopping….

    In future just stop on the road on double yellows - you are allowed to stop to let passengers board or alight.

  • Car1980
    Car1980 Posts: 3,708
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    See definition of parking: https://contestorlegal.co.uk/unparalleled-legal-victory-defining-the-true-meaning-of-parking/ :

    A blanket "no parking after x time" is a very onerous condition and would need some very clear signs, or else it just becomes entrapment and a money making scheme instead of them just purchasing a gate. Unclear signs would certainly be a breach of the Consumer Rights Act (and you are a consumer in this scenario).

    But that's for later and it'll probably be discontinued anyway. Is this through DCB Legal?

    Just use the template defence for now and in paragraph 3 deny you were parked as you were picking up a fair, and that there were no signs that you saw that forbid entering the car park.

  • Gr1pr
    Gr1pr Posts: 16,563
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    edited 16 September at 12:37PM

    Post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first

    The actual breach might not be pleaded, in which case you would use the Chan and Akande defence template

    Do not pay, continue to fight the claim

  • Coupon-mad
    Coupon-mad Posts: 166,238
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    edited 19 September at 2:30AM


    "Please advise me if it is better to pay off the charge now"

    Don't even think about it! This'll be discontinued as they always are.

    Show us the Particulars of Claim.

    Did you ever appeal it, or ignored it?

    You won't be writing anything about the circumstances in your defence para 3 because that is already written for you in cases where the breach isn't pleaded in the POC. We know it isn't specified!

    But I would add this to the end of para 2:

    and the driver of this vehicle which is a taxi, dispatched to the location for a customer pickup, where the passenger was a no-show and the Defendant was only there for mere minutes. Not 'parked' but waiting for the pre-booked passenger. This claim is meritless.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Castle
    Castle Posts: 5,209
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    This is a High Court decision for a Taxi Driver in respect of a no show customer on the public highway.

    Case Law: MAKDA vs THE PARKING ADJUDICATOR. Picking up a pre booked job

  • Le_Kirk
    Le_Kirk Posts: 27,275
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    With an issue date of 11/09/26 and providing you complete(d) the AoS before or on 30/09/26 your defence deadline date is 4.00 p.m. on 14/10/26

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