County Court Claim Form from ParkingEye Ltd

ChezWillo · 17 March 2019 at 8:22PM

Good evening,
I have received a County Court Claim Form from Parking Eye (dated 14/03/19) so have read what I should do next in the Newbies section.
I will complete the AOS, ask for a SAR and also contact Parking Eye, as advised.
With regards to my defence, I just wanted to check if one point is worth mentioning.
Along with unclear signage and only overstaying slightly, I was under the impression that there was no charge after a certain time in the evening. Is this worth mentioning, or would this just be classed as my own fault for wrongly believing this?
Thanks.

Redx · 17 March 2019 at 8:39PM

this will all hinge on signage and clarity of those signs and the drivers understanding of them

plus any alleged overstay could be within the limits of clause #13 of the BPA CoP, so download that CoP and read it , because PE must abide by that CoP

note that clause #13 has 2 grace periods, one before parking to enter and read the signs (anything up to 10 minutes, but is unspecified) , plus OVER TEN MINUTES to leave at the end of the parking period

so how much overstay have they alleged ?

and get photos of those signs , they are crucial to this defence (as they were to PE in the BEAVIS case)

ChezWillo · 17 March 2019 at 8:43PM

Ok, thanks, I’ll have a look at the signs again. I know they’re unclear but I will check about the hours. I will also take photos.
The claim doesn’t specify the details of the overstay but I think it’s 10-15 minutes. I assume this is something that will be provided in the SAR?
I’ll have a look at the COP, thanks.

Redx · 17 March 2019 at 8:54PM

the NTK will tell you these details (or should do) - if you dont have it then the SAR should provide it

their POC should tell you what the overstay was

the BPA CoP tells you the limits on overstays , depending on the circumstances and if any money was paid etc

the signage may also have a bearing on this, if any free time in the evening is allowed etc

ChezWillo · 17 March 2019 at 8:57PM

I don’t have it but I think it was only 10-15 minutes.
I’ve just read clause#13 of the BPA CoP and (from my understanding) I should be covered by the grace period.
No money was paid as the first hour is free.
Thanks.

Redx · 17 March 2019 at 9:03PM

they will probably cite BEAVIS, as he overstayed by some 50 minutes of a 2 hours for free car park that they "leased" from the B A pension fund afaik

so a ten to fifteeen minute "overstay" may be allowed under that CoP, but anything over 20 mins would be difficult for you, unless it went into any free time for example

so factua details are crucial here due to PE having the BEAVIS ruling

ChezWillo · 17 March 2019 at 9:06PM

I’m pretty sure the overstay was no longer than 15 minutes, so should be ok there. I just need to check and clarify. I also have prof of where I shopped, but I’m not sure if that would help?
I have had a look at the BEAVIS ruling but I’m hoping the CoP will cover my overstay.

KeithP · 18 March 2019 at 12:28AM

ChezWillo wrote: »

Good evening,
I have received a County Court Claim Form from Parking Eye (dated 14/03/19)...

With a Claim Issue Date of 14th March, you have until Tuesday 2nd April to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Tuesday 16th April 2019 to file your Defence.

That's over four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.

When you are happy with the content, your Defence should be filed via email as suggested here:

Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

ChezWillo · 18 March 2019 at 12:32AM

Thank you for the advice.
I plan to submit the AOS tomorrow and then start to put my defence together.
I’ve had a look in the Newbies thread so will hopefully be able to pull something good together.
I will post it here and will welcome any further advice.

D_P_Dance · 18 March 2019 at 10:37AM

Read this

https://forums.moneysavingexpert.com/showthread.php?t=5972164&highlight=

ChezWillo · 19 March 2019 at 1:23PM

Hi,
I have checked the PE website and the details of the alleged breach are on there (I didn’t know that!)
Anyway, my overstay was definitely only 15 minutes, as suspected, so I will be citing that clause, as advised.
Just a quick query...in the Newbies thread, it mentions about sending an e-mail to Parkingeye try to get the claim cancelled; should I do that or am I past that stage?
I’ve submitted my AOS via MCOL and I have submitted a SAR to PE using their online form. I’m just not sure about the e-mail.
Thanks again.

County Court Claim Form from ParkingEye Ltd

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