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County Court Claim; ParkingEye
shernolds
Posts: 1 Newbie
Hi all,
Received in the post a County Court Claim against driver for 'monies outstanding from the defendant, in relation to parking charge issued xx/06/2017'. Claimant is ParkingEye Ltd.'
I have 28 days to file a defence to the court.
I have read the sticky thread 'NEWBIES READ HERE/FAQs' and have seen that next course of action is to open a new thread based on instructions given. Here is that new thread. [/B]
Particulars of claim:
'Claim for monies outstanding from the defendant in relation to a Parking Charge issued '17, for parking on private land in breach of the T + C's (the contract). ParkingEye's ANPR system, monitoring Welcome Break Fleet-Hampshire (North), M3 Jct 4a/5, Fleet, Hampshire, GU51 1AA, captured vehicle XXXX XXX entering and leaving car park, without paying to park. The signage clearly displayed at the entrance and throughout the car park, states that this is private land, is managed by ParkingEye ltd, and parking tariffs apply after free stay period....' .'....the defendant was previously presented opportunity to take appeal to POPLA, the independent appeal service for parking on private land, but this has not been taken. ...'
My defence:
Hoping to get your advice on this...
From my point of view, I was travelling home from a rugby festival, at 2am in the morning (I decided camping in the pouring rain for another night was not worth it), drive home takes 3 hours. As it was late, and hadn't got much sleep the past few nights, I found myself getting very tired at the wheel. I made the decision that I have pull over to nap as I was endangering myself and other road users. I believe i stayed around 2.5-3 hours in a 2 hours free car parking space. I genuinely did not see any signage (as it was pitch black) and i did not leave the car.
Not sure what any of that means in terms of legal standpoint but I feel I should not have to pay based on:
The signage was not clear. The signs do not have lighting near them so they can not clearly be seen at night (car park is not floodlit). I was not aware of entering any contract when i pulled over to rest. I was not aware of any free period of parking/charge after 2 hours.
In all honesty I thought that service stations where used for pit stops/resting! (I guess ignorance is not bliss on this occasion).
I did not appeal at any point, I have not communicated with ParkingEye whatsoever. i.e. they do not know who was driving. Reading the sticky thread (Newbies Read Here/FAQs) now, I guess I should have appealed a while back to POPLA, which I didn't. Does this mean I am doomed here or do I still have a case to fight?
My next steps:
I intend to defend the case (if possible). I also intend to fill out the acknowledgement of service so i get 28 days from date of service to fill defence.
What is my recourse here?
Any help is greatly appreciated.
Thank for your help in advance,
E
Received in the post a County Court Claim against driver for 'monies outstanding from the defendant, in relation to parking charge issued xx/06/2017'. Claimant is ParkingEye Ltd.'
I have 28 days to file a defence to the court.
I have read the sticky thread 'NEWBIES READ HERE/FAQs' and have seen that next course of action is to open a new thread based on instructions given. Here is that new thread. [/B]
Particulars of claim:
'Claim for monies outstanding from the defendant in relation to a Parking Charge issued '17, for parking on private land in breach of the T + C's (the contract). ParkingEye's ANPR system, monitoring Welcome Break Fleet-Hampshire (North), M3 Jct 4a/5, Fleet, Hampshire, GU51 1AA, captured vehicle XXXX XXX entering and leaving car park, without paying to park. The signage clearly displayed at the entrance and throughout the car park, states that this is private land, is managed by ParkingEye ltd, and parking tariffs apply after free stay period....' .'....the defendant was previously presented opportunity to take appeal to POPLA, the independent appeal service for parking on private land, but this has not been taken. ...'
My defence:
Hoping to get your advice on this...
From my point of view, I was travelling home from a rugby festival, at 2am in the morning (I decided camping in the pouring rain for another night was not worth it), drive home takes 3 hours. As it was late, and hadn't got much sleep the past few nights, I found myself getting very tired at the wheel. I made the decision that I have pull over to nap as I was endangering myself and other road users. I believe i stayed around 2.5-3 hours in a 2 hours free car parking space. I genuinely did not see any signage (as it was pitch black) and i did not leave the car.
Not sure what any of that means in terms of legal standpoint but I feel I should not have to pay based on:
The signage was not clear. The signs do not have lighting near them so they can not clearly be seen at night (car park is not floodlit). I was not aware of entering any contract when i pulled over to rest. I was not aware of any free period of parking/charge after 2 hours.
In all honesty I thought that service stations where used for pit stops/resting! (I guess ignorance is not bliss on this occasion).
I did not appeal at any point, I have not communicated with ParkingEye whatsoever. i.e. they do not know who was driving. Reading the sticky thread (Newbies Read Here/FAQs) now, I guess I should have appealed a while back to POPLA, which I didn't. Does this mean I am doomed here or do I still have a case to fight?
My next steps:
I intend to defend the case (if possible). I also intend to fill out the acknowledgement of service so i get 28 days from date of service to fill defence.
What is my recourse here?
Any help is greatly appreciated.
Thank for your help in advance,
E
0
Comments
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Everyone is politely asked to read up on this in the Newbies FAQ thread near the top of the forum
Go there now to learn about the game you are now caught up in and how to deal with this
#2 in the FAQ has comprehensive advice on court claims and how to deal with them
Throughout here you are advised never to reveal who was drivin
You need to edit your post to remove details of who was driving
The Ppcs monitor this forum and can use your posts against you0 -
Agreed, and so did this defendant!Not sure what any of that means in terms of legal standpoint but I feel I should not have to pay based on:
The signage was not clear. The signs do not have lighting near them so they can not clearly be seen at night (car park is not floodlit). I was not aware of entering any contract when i pulled over to rest. I was not aware of any free period of parking/charge after 2 hours.
In all honesty I thought that service stations where used for pit stops/resting! (I guess ignorance is not bliss on this occasion).
https://www.theguardian.com/money/2017/aug/26/parking-eye-takes-on-top-barrister-85-fine
Unlit signs/no agreed contract is your main defence. Cite the above case as well, it's well known and you can use the newspaper advert as evidence or try contacting Nicholas Bowen QC (not too formally, just as a fellow victim of PE!) to see if he will give out the Claim Number and if he obtained a transcript that he would be happy for others to use/to be shown in the public domain on MSE forum here.
Nothing to stop you asking politely...he obviously feels strongly about this.
In your case, because you have a clear defence to argue, don't hide behind 'not the driver' unless this is a hire or company/lease car or if the PCN was not served by day 15.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Agreed, and so did this defendant!
https://www.theguardian.com/money/2017/aug/26/parking-eye-takes-on-top-barrister-85-fine
Unlit signs/no agreed contract is your main defence. Cite the above case as well, it's well known and you can use the newspaper advert as evidence or try contacting Nicholas Bowen QC (not too formally, just as a fellow victim of PE!) to see if he will give out the Claim Number and if he obtained a transcript that he would be happy for others to use/to be shown in the public domain on MSE forum here.
Nothing to stop you asking politely...he obviously feels strongly about this.
In your case, because you have a clear defence to argue, don't hide behind 'not the driver' unless this is a hire or company/lease car or if the PCN was not served by day 15.
Nice picture of Parking Eye's cheque to Mr Bowen in the article below. Despite all the publicity Mr Bowen received, Parking Eye still managed to misspell Nicholas as Nickalas and had to reissue the cheque!
https://www.theguardian.com/money/2017/sep/15/legal-victory-parking-eye-barrister-motorway-services0 -
Wow, I never knew that. Absolutely useless!But the company has since sent a cheque for £1,555 to Bowen - though spelling his Christian name as Nickalas on the cheque and accompanying letter - both dated 1 September.
When Monarch (grudgingly) paid us in full, a few grand compensation over flights partly relating to the ash cloud debacle, they managed to get the words & figures wrong on the first cheque, so like Mr Bowen, we kept it for posterity! Nearly framed it, but had more fun spending the money on the next year's holiday with a rival company.
Now Monarch are kaput, and sooner rather than later, firms like PE need to follow.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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