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  • FIRST POST
    • priraw
    • By priraw 14th Jun 19, 12:51 PM
    • 15Posts
    • 3Thanks
    priraw
    Claim Form From County Court Business Centre
    • #1
    • 14th Jun 19, 12:51 PM
    Claim Form From County Court Business Centre 14th Jun 19 at 12:51 PM
    Hi,

    I have received Court Claim Form from Parking Eye.

    In November I was going to Langley Post Office- SL3 8HJ. I entered the Langley Hall Primary academy -Harrow Hall car park, as per my sat nav and through this Car Park i drove through to the Harrow Hall Market Car Park where the Post Office is (Harrow Market Car Park is free for first 30 minutes). Thereafter I came back from the same route (via the school Car Park). Entered at 17:13 and exited at 17:25- total 12 minutes. Parking eye sent me PCN for 12 minutes. The PCN just said "Harrow Hall", as I parked in the market Car Park i assumed the PCN is for the same and the first 30 minutes were free. So while appealing to POPLA i mentioned about 30 minutes free parking sgnage and shared a photo of the sign-board. To m appeal, came PE with all details of signages etc and it was then that I came to know that the PCN was for the School car Park. The school car park was Permit Holder Only Mon-Fri and tarrif Sat Sun. My POPLA appeal was obviously rejected as I was defending on the basis of diff car park. Then PE sent me LBCC to which I responded with a picture of MAP that this is the route that I took and that I didnt park in the School Car Park, I just used it to drive through. In NOV is was dark enough the read entry signage and I was following the map. Apparently I used the same route for Post Office a couple of time in past too, so I ma have not seen the signage as I was just passing by.

    Please check the map of SL3 8HJ and please advice on defence please. I couldnt upload picture url of my route, as I am new user here. So please check the post code on google map. I just submitted AOS online. My claim issue date- 10 June 2019.

    Please advice id I have chance of winning the case.
Page 2
    • KeithP
    • By KeithP 3rd Jul 19, 6:52 PM
    • 17,898 Posts
    • 21,807 Thanks
    KeithP
    Where did you find that old Defence?

    The Unfair Terms in Consumer Contract Regulations 1999 were replaced in October 2015 by The Consumer Rights Act 2015.
    .
    • priraw
    • By priraw 3rd Jul 19, 7:01 PM
    • 15 Posts
    • 3 Thanks
    priraw
    Where did you find that old Defence?

    The Unfair Terms in Consumer Contract Regulations 1999 were replaced in October 2015 by The Consumer Rights Act 2015.
    Originally posted by KeithP
    Ohh

    I got that from one of the defence example link from the Newbies thread

    Shall I replace it with The Consumer Rights Act 2015?
    • KeithP
    • By KeithP 3rd Jul 19, 7:12 PM
    • 17,898 Posts
    • 21,807 Thanks
    KeithP
    I don't think it is going to be as simple as that.

    To my untrained eye that, in part, looks more like a Witness Statement than a Defence.

    I'll leave it for others to comment further.

    Without looking back over the rest of your thread, does the Claimant already know the identity of the driver?
    .
    • priraw
    • By priraw 3rd Jul 19, 7:16 PM
    • 15 Posts
    • 3 Thanks
    priraw
    I don't think it is going to be as simple as that.

    To my untrained eye that, in part, looks more like a Witness Statement than a Defence.

    I'll leave it for others to comment further.

    Without looking back over the rest of your thread, does the Claimant already know the identity of the driver?
    Originally posted by KeithP
    yes the claimant knows identity of the driver. When I got the PCN on my name I defended it stating the half an hour free rule unknowing that this was for another Car Park. So yes in a way I agreed being driver as I was appealing saying that I parked because of this reason.
    • priraw
    • By priraw 3rd Jul 19, 7:36 PM
    • 15 Posts
    • 3 Thanks
    priraw
    I don't think it is going to be as simple as that.

    To my untrained eye that, in part, looks more like a Witness Statement than a Defence.

    I'll leave it for others to comment further.

    Without looking back over the rest of your thread, does the Claimant already know the identity of the driver?
    Originally posted by KeithP
    I have now edited the defence above and made it short.

    Please can you review now
    • Redx
    • By Redx 3rd Jul 19, 8:33 PM
    • 25,020 Posts
    • 31,953 Thanks
    Redx
    Looks like a witness statement to me as well, not a defence

    Perhaps start with the defence examples by bargepole
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • priraw
    • By priraw 3rd Jul 19, 9:34 PM
    • 15 Posts
    • 3 Thanks
    priraw
    Looks like a witness statement to me as well, not a defence

    Perhaps start with the defence examples by bargepole
    Originally posted by Redx
    Thanks for your feedback. I have revised it more. Please see the edited defence above... would appreciate if you can provide any more pointers
    • Coupon-mad
    • By Coupon-mad 4th Jul 19, 12:00 AM
    • 76,543 Posts
    • 89,883 Thanks
    Coupon-mad
    That defence is OK in your case now, but to be clear, I would add:

    1.3 for the avoidance of doubt, there are two car parks leading into each other and it is averred that ParkingEye's ANPR cameras are unlawfully capturing cars driving though and parking in a separate, non-ParkingEye car park. This should not be possible but it is happening at this location. ParkingEye are in breach of the GDPR by capturing, storing and wrongfully processing images of cars and drivers who never park int their car park at all. This is wholly unreasonable conduct and there is no cause of action against the Defendant.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • ActiveSec
    • By ActiveSec 10th Oct 19, 2:39 PM
    • 17 Posts
    • 0 Thanks
    ActiveSec
    priraw - how did your case go? As we have had a PCN for a similar reason at Harrow Hall
    • Le_Kirk
    • By Le_Kirk 10th Oct 19, 2:57 PM
    • 6,614 Posts
    • 6,655 Thanks
    Le_Kirk
    The OP has not been on the forum since the 4th July and at that point had not told us whether or not the defence had been submitted. It is normal to see questions about DQ and Witness Statement following submission of defence but we have seen nothing which suggests that there has been no case yet.
    • priraw
    • By priraw 17th Oct 19, 11:39 AM
    • 15 Posts
    • 3 Thanks
    priraw
    priraw - how did your case go? As we have had a PCN for a similar reason at Harrow Hall
    Originally posted by ActiveSec
    I received letter from court early this month. They have sent court hearing Date.

    Today I got response from PE on my defence.

    Can you kindly share what have they charged you for and whats your appeal argument please?
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