Parking Eye - Help - County Court Claim Form

bartos1976 · 26 February 2014 at 12:48PM

Firstly apologies if this information is contained elsewhere, I have read the 'Newbies' thread and associated links but if I'm being totally honest alot of this is going over my head.

The situation realtes to a PCN from Parking Eye issued 21/08/2013 through their number recognition cameras, I had parked late at night in a car park on Holly Street in Sheffield on reccomendation from a friend. I wasn't aware of any notices when I left probably because of very few signs and inadequate lighting.

A few weeks later I recieved the PCN and on doing my research followed out of date advise to ignore, I moved following a break in my relationship to my ex and she passed on other reminders including a letter she signed for. Again I ignored these and didn't recieve any further correspondance until she passed on to me this County Court Claim form issued on 18th February 2014.

Any information on how to defend this would be greatly appreciated, should I part admit or fully defend. Also I have an unpaid CCJ already against my name so as my credit rating is already negatively affected should I just ignore?

If i'm to defend on what ground can I defend now and would I need legaal help in defending, the claim is for £100 + £15 (court costs) & £50 (solicitor) totalling £165

Any help anyone can give would be greatly appreciated

Fruitcake · 26 February 2014 at 1:04PM

You need to start by reading the Sticky threads at the top of the page. They contain all the information you need. Once you have read up on what to do, come back and ask for more specific help with dealing with your situation.

bartos1976 · 26 February 2014 at 1:22PM

Yeah I had a look, but it's somewhat confusing. I will dedicate some more time to it later and see if I can get my head around it. Thanks for your reply

Coupon-mad · 26 February 2014 at 8:17PM

bartos1976 wrote: »

Yeah I had a look, but it's somewhat confusing. I will dedicate some more time to it later and see if I can get my head around it. Thanks for your reply

You only need to read the little section on 'Small Claims' in the 'NEWBIES read this first' sticky thread and follow the few links there which I chose for simplicity and relevance. Tells you what to do when, explains the court process and shows you all the recent cases won v ParkingEye by the ordinary man/woman in the street!

So tell us when you have:

- read the links in the NEWBIES thread which are about small claims - it's not a confusing section at all, IMHO.

- complained in the strongest terms to the Store Manager or CEO of the chain if this is a shoppers car park (or Centre manager if a retail park of mixed shops). In Crabman's sticky links at the top of the forum above my Newbies thread it includes a link to tell you about 'Successful complaints, even after Court papers were issued (loads of successes documented).

- acknowledged the claim to say you will defend in full (online at MCOL, simple to do)

- got the Parking Prankster's Guide and have read the information it it.

Most cases never in fact go to a hearing but you have to complain and defend from a position of knowledge and we have shown you where to learn what you need.

When a poster gets to that stage and is up for defending it with knowledge (which you will need, not us!) then if you need it I can send you a defence wording which includes a request to strike the case out or for the Court to Order a referral (late) to POPLA instead. I send this to lots of people as lots of PE cases are defended on here and on pepipoo forum too.

kirkbyinfurnesslad_2 · 26 February 2014 at 8:39PM

I think Coupon mad means most Parking eye claims do go to a hearing (if defended) So you need to follow the advice given.
You dont need any legal representation in the county court.

bartos1976 · 26 February 2014 at 10:57PM

OK, done but I don't know who's land it is as its certainly not a retailer.

I've filled in my Defence on the form and posted but it has been based around having previously parked there with no problems, never being aware of any signs therefore inadequate lighting and signage. I've also questioned the charges covering the loss of earnings of the landowner because of the time of day and the fact it was empty. Finally i've asked for evidence of the contract between the landowner & PE.

Just have to wait and hope now, is it likely i'll have to go to court then? What else can I inform them of which isn't on my defence?

What do you think to my chances?

To add insult to injury today i've received a Debt Recovery Plus letter for overstay at a free car park in a separate incident. From what I understand I should wait for the claim again and defend it in a similar fashion?

Thanks to you all for your contribution so far, look forward to your responses

Coupon-mad · 27 February 2014 at 12:13AM

See that's the problem with not reading advice - you need an eye for details & research to win this. We never told you to submit a defence yet. Since when does advice which said: 'acknowledge the claim saying you WILL defend, and do loads of reading and if you are up for defending it I will send you some strong defence wording' mean 'send a rushed defence in this minute, pointlessly with your acknowledgement, before you've researched anything at all'?

Your 'saving grace' might be if your local court is in Essex, Cambs, Norfolk or Suffolk (and if you don't know why you clearly haven't read the PP Guide yet).

bartos1976 · 27 February 2014 at 11:02AM

Ahh this is what I mean, I literally must have got lost in everything.

Fortunately i've not actually posted the forms off yet, would you then suggest not doing so and acknowledging online? Then submitting my defence online?

The strong wording would be most useful if you could help me please as well as things I could research?

Thanks for your reply

Coupon-mad · 27 February 2014 at 12:30PM

bartos1976 wrote: »

Ahh this is what I mean, I literally must have got lost in everything.

Fortunately i've not actually posted the forms off yet, would you then suggest not doing so and acknowledging online? Then submitting my defence online?

The strong wording would be most useful if you could help me please as well as things I could research?

Thanks for your reply

Good!

You just acknowledge and say you will defend in full. Then tell me when you've read and understood what we've already explained where to find it all, above. It's already set out above in the replies, what you must research. I can then give you a defence wording for this early stage which also calls for the case to be struck out - but you also need the Prankster's guide as I don't give you in depth detail nor evidence templates of cases (which the Prankster does, ready for your hearing).

Which local court for you please? Tell me by pm if you prefer.

spacey2012 · 27 February 2014 at 12:34PM

google parking prankster and follow the link to his template defence for parking eye, it costs the same as a pint, I have read it thoroughly, can find no legal errors and I recommend it on my menu to anyone in this position.

bartos1976 · 27 February 2014 at 1:23PM

Sent you a PM coupon, thanks

Parking Eye - Help - County Court Claim Form

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