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ParkingEye Claim Defence - Overstay Welcome Break

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13

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  • WalkAbout13
    WalkAbout13 Posts: 21 Forumite
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    Yes, they have mostly addressed all of my points.
    They have claimed that their signage conforms to BPA regulations. They have also mentioned the speed limit on the car park being 5mph and therefore should be able to see the terms whilst driving past.

    In regards to the ANPR being at the entrance and exit, they have said that the terms include 'waiting or otherwise remaining'. They have also mentioned that the grace period is there for this reason.

    They have also mentioned that Department for Transport says that a 15 minute break should be taken every 2 hours and that a driver should not start a trip if they are tired beforehand. They said if these guidelines had been adhered to then risks mentioned by Defendent would be minimised.

    That last point I'm not entirely sure what they are trying to achieve as 'should not start a trip if tired' surely is a defence point for me staying on the car park for longer?

    But they then go on to say that the 'Tiredness Kills Take a Break' signs are accommodated for by the 2 hours and that by not paying after overstaying is a breach of contract.

    In regards to unlit signs, they have argued that BPA does not say they need to be lit and headlights should be sufficient.

    There are many more points but yes, they have in quite lengthy details replied to all of my points.
  • Umkomaas
    Umkomaas Posts: 41,357 Forumite
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    In regards to unlit signs, they have argued that BPA does not say they need to be lit and headlights should be sufficient.
    That's not what the BPA Code of Practice actually says.
    Signs should be readable and understandable at all times, including during the hours of darkness or at dusk if and when parking enforcement activity takes place at those times. This can be achieved in a variety of ways such as by direct lighting or by using the lighting for the parking area. If the sign itself is not directly or indirectly lit, we suggest that it should be made of a retro-reflective material similar to that used on public roads and described in theTraffic Signs Manual. Dark-coloured areas do not need to be reflective.
    Appendix B of the CoP is your reference point.

    https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Undisputed3001
    Undisputed3001 Posts: 44 Forumite
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    Can you share their response? Obviously cut out anything that may identify you.

    The WS statement I received for my case at first viewing seemed to be addressing the points raised in my defense. Then hubby has a read and says you can drive a truck through this.
  • WalkAbout13
    WalkAbout13 Posts: 21 Forumite
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    Hi guys,

    I have the date of my hearing and ParkingEye have paid the fees.

    I am aware I need to submit a witness statement but is there anything else I should submit as well?

    Do I send everything to the court AND ParkingEye?

    Thanks!
  • Redx
    Redx Posts: 38,084 Forumite
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    all covered in the NEWBIES FAQ thread, post #2

    read the BARGEPOLE walkthrough in there

    and read your paperwork from the court, it tells you what to do and by when


    also read other ongoing or completed court case threads where all this info has been given out numerous times
  • WalkAbout13
    WalkAbout13 Posts: 21 Forumite
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    Thank you for your fast reply!
    I think I posted a moment too soon. I have literally just received a letter from ParkingEye in the post saying that they want to discontinue the claim and a copy of their notice to the court.

    Should I still submit my Witness Statement and evidence just incase?
    Once they have submitted this notice of discontinuation is there any chance they could reopen the case or make the hearing go ahead? I do not want to end up having submitted anything and then losing!
  • Le_Kirk
    Le_Kirk Posts: 22,322 Forumite
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    Continue as per, making sure you don't miss any court imposed deadlines until you have confirmation from the court that the case has been discontinued.
  • WalkAbout13
    WalkAbout13 Posts: 21 Forumite
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    Hi guys,

    So I have not received any official correspondence from the court itself and my hearing is Monday morning!!!!

    ParkingEye have sent me a copy of the discontinuation notice they sent to the court and a seperate letter saying that they want to discontinue proceedings.

    I'm guessing they did (hopefully!) actually send it to the court but because they did not do this until 3rd January, the document has not been processed in time.

    Do I still go to the hearing? What do I say? Surely there is no case as they do not want to go ahead!
  • KeithP
    KeithP Posts: 37,655 Forumite
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    Crazy!!

    Surely it occurred to you to phone the court sometime between 3rd January and now?

    In the absence of any other information, you must turn up for the hearing or possibly risk unreasonable behaviour costs.

    You did file your Witness Statement and evidence, as Le_Kirk suggested over two weeks ago, didn't you?
  • WalkAbout13
    WalkAbout13 Posts: 21 Forumite
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    I have rang the courts everyday since then. The only thing they are able to tell me is whether the discontinuation notice has been received and processed, which they have still not been able to confirm.
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