Claim Form From County Court Business Centre

priraw · 14 June 2019 at 1:51PM

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.

Redx · 14 June 2019 at 1:55PM

You won't get free legal advice about your case or possible outcomes. It's impossible to predict an outcome

Read the newbies faq sticky thread, post #2 and draft your defence and post it below

You can submit your story at the WS stage and tell it to a judge in court

KeithP · 14 June 2019 at 3:21PM

This car park has featured on here before. I can't remember the outcome, but it might be worth a search.

priraw wrote: »

I just submitted AOS online. My claim issue date- 10 June 2019.

With a Claim Issue Date of 10th June, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 15th July 2019 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but 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:

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.

The_Deep · 14 June 2019 at 3:23PM

Nine times out of ten these tickets are scams so complain to your MP.

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.

priraw · 14 June 2019 at 3:24PM

Thanks for your response. Honestly its a bit relaxing to get a response. Yes, i will draft a defence and will post it here for feedback.

Sorry, I didnt mean to ask to predict the outcome of case. I meant from any of yours past experiences if you could enlighten me on what happens in such cases where you used a car park to enter another car park and came back from same route.

Fruitcake · 14 June 2019 at 3:31PM

priraw wrote: »

Thanks for your response. Honestly its a bit relaxing to get a response. Yes, i will draft a defence and will post it here for feedback.

Sorry, I didnt mean to ask to predict the outcome of case. I meant from any of yours past experiences if you could enlighten me on what happens in such cases where you used a car park to enter another car park and came back from same route.

There are examples of that on this forum, but it will be up to the scammers to prove where the car was parked and up to you to prove you didn't.

Do you have a satnav or mobile 'phone that keeps the history of journeys made? It may be possible to show a route going through the car park in question without stopping.

Get pictures of the route as well to show it is possible to drive through to get to another car park, and to show how confusing the site and signage is. If you can get proof of where you ended up, perhaps a receipt or witness statement, that will help as well.

priraw · 17 June 2019 at 1:21PM

Is the following email okay to the MP. Or should I mention about the fact that I didnt know that the 2 Car Parks were not same or is it not relevant to tell the MP?. As I honestly thought that only the bays marked for Staff were private. As the signage there said so. Although I went ahead to the other side parking which was closer to the Post Office, which was infact another parking that I came to know after the PCN.

Please give this a read and advice.

Thank you so much in advance,

Hello ,

Citing the new legislation Parking (Code of Practice) Act 2019 - I am reporting to you that I have been chased by Parking Eye to pay £175 for entering and leaving Harrow Hall car park SL3 8HJ on 22 Nov 2019 within 12 Minutes. I entered the car park with intention of accessing Langley Post Office, and found way to another Car Park (Harrow Market Car Park). I parked at Harrow Market car park where first 30 minutes are free (pay and display) and then I came out of the same entry-exit that I went in (entry at 17:13- Exit 17:25 as captured by Parking Eye Number Plate Recognition system).

I understand how busy you are, so I will try to keep my email as short as I can whilst giving you fair idea of my problem. If you need any more information please get back to me.

Parking eye sent me a PCN saying “Harrow Hall Langley” that I entered and exited in 12 minutes. I thought that the PCN is regarding where I parked and I appealed for 30 Minutes free parking notice. My appeal was rejected and then information from Parking Eye revealed that PCN was for the Harrow Hall parking in front of Langley Hall Primary Academy School. This time I explained to them that I did not park in Car Park for Langley Hall Primary School; I just used the Car Park way to reach another parking. But Parking Eye has sent me a Court Claim Notice for £175 now.

I spoke to the Langley Hall Primary Academy School, but they said they are not the Land Owners, so they can’t do anything. I could not find any information on the Land Owner of that parking.

I have attached the court claim form, PCN and map of the Car Park here for your reference. On the Car Park map I have marked the route that I took.

I request you to help me with this please.

Thanks and Best regards

The_Deep · 17 June 2019 at 1:35PM

Have you read this?

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

1505grandad · 17 June 2019 at 2:04PM

"on 22 Nov 2019"?

priraw · 17 June 2019 at 2:31PM

The signage pictures that they sent seem to have reasonable height. It was November evening and 5 om is busy time. I saw this entrance to the market and went in, used this car park to reach another car park.

I wanted to send you signage pdf PE sent to POPLA but cant post links here ceing new user

My doubt here is that because I did not park there. I only drove through... will I be considered to have accepted their so-called contract? I am confused on this point.

priraw · 17 June 2019 at 2:33PM

Sorry its 2018*
Thanks a bunch for pointing it out though!

Claim Form From County Court Business Centre

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