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Help with Defence for CC claim from Parking Eye who haven’t allowed grace period.
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Not_a_pushover.
Posts: 26 Forumite
I have read through various threads about defending a claim,somewhat confused as what to include as there seems to be a lot of legal stuff needed?
Late last year I used a car park in the Greater Manchester area operated by ParkingEye.One week later I received a parking charge notice from them stating that the time I spent in the car park,according to their time stamped ANPR camera’s was 10 mins more than the ticket I purchased.Fortunatley I kept the ticket,the ticket itself show the time I purchased it was about 10 mins after my car first entered.This was because of the status of the car park at the time.
I wrote and explained this to ParkingEye and they rejected my explanation and said I had to pay the charge.Likewise with POPLA.
I heard nothing else until I returned home of holiday 2 day again and in the post was a County Court claim form from them,issued 08 Jul.
After reading the threads I have informed the court that I am contesting this and have applied for Acknowledgement of service,which had been accepted.
My question is with regard to writing my Defence form,as ParkingEye are in breach of their own CoP and the BPA’s with regard to grace periods,can I solely base my Defence on this ?
Or do I need to go into ANPR’s and Data Protection,Who owns the land etc ?
All the Defence forms I have read seem to go into so much but is this necessary in this case?
Many thanks in advance.
Late last year I used a car park in the Greater Manchester area operated by ParkingEye.One week later I received a parking charge notice from them stating that the time I spent in the car park,according to their time stamped ANPR camera’s was 10 mins more than the ticket I purchased.Fortunatley I kept the ticket,the ticket itself show the time I purchased it was about 10 mins after my car first entered.This was because of the status of the car park at the time.
I wrote and explained this to ParkingEye and they rejected my explanation and said I had to pay the charge.Likewise with POPLA.
I heard nothing else until I returned home of holiday 2 day again and in the post was a County Court claim form from them,issued 08 Jul.
After reading the threads I have informed the court that I am contesting this and have applied for Acknowledgement of service,which had been accepted.
My question is with regard to writing my Defence form,as ParkingEye are in breach of their own CoP and the BPA’s with regard to grace periods,can I solely base my Defence on this ?
Or do I need to go into ANPR’s and Data Protection,Who owns the land etc ?
All the Defence forms I have read seem to go into so much but is this necessary in this case?
Many thanks in advance.
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Comments
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With a Claim Issue Date of 8th July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 12th August 2019 to file your Defence.Not_a_pushover. wrote: »...in the post was a County Court claim form from them,issued 08 Jul.
After reading the threads I have informed the court that I am contesting this and have applied for Acknowledgement of service,which had been accepted.
That's nearly four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.
When you are happy with the content, your Defence should be filed via email as suggested here:-
Print your Defence.
- 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 "defence received". If not chase the CCBC until it is.
- Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.
0 - Sign it and date it.
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When you read through the various threads, did you find the NEWBIE sticky and, in particular, post # 2. in which thee are 17 example defences from which to choose so you can adapt one and add any particular points of your own situation.0
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IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this
https://forums.moneysavingexpert.com/showthread.php?t=5972164
and enlist the support of your MP as they are obviously trying to scam you., as nine times out of ten these tickets are unenforceable.
Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.You never know how far you can go until you go too far.0 -
You are not filling out any paper forms. See the NEWBIES thread post #2.My question is with regard to writing my Defence form,
Not solely, no. That's dangerous and could make your case weaker, as if the Judge is not with you on that, you have nothing to add.as ParkingEye are in breach of their own CoP and the BPA’s with regard to grace periods,can I solely base my Defence on this ?
See the example defences in the NEWBIES FAQS thread; they include P/Eye ones.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 -
Many thanks Coupon-m.I’ll revisit the NEWBIES FAQ and revise my Defence thread from there.I’ll publish a copyof it on this thread for appraisal if that’s OK prior to sending it to the County Court?0
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You should also look at the BPA Code of Practice for PPCs and the last 2 POPLA annual reports and use what is contained in there re Grace periods.0
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Yes, put it here, but if you are just lifting defenec items straight from an existing GOOD defence, tell us so we dont wade through it. You MUST read through your OWN defence and make sure it is freee of obvious errors *first* - such as the wrong PPC name, wrong time / date / circumstances etc.
You said "about" ten minutes - be PRECISE. Time of entry recorded as.... tend of ticket purchases recorded as...0 -
Yes, put it here, but if you are just lifting defenec items straight from an existing GOOD defence, tell us so we dont wade through it. You MUST read through your OWN defence and make sure it is freee of obvious errors *first* - such as the wrong PPC name, wrong time / date / circumstances etc.
You said "about" ten minutes - be PRECISE. Time of entry recorded as.... time of ticket purchase recorded as...0 -
Hi again guys,
I have been studying a lot of cases and have a draft Defence using some of the information I have read as well as my own.Would it still be OK to post here to see how it could be improved or if OK to send off?
Many thanks
NaP0 -
Yes, but nosferatu1001 answered that question yesterday.0
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