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  • FIRST POST
    Tandon
    Parking Eye - Court Claim
    • #1
    • 20th Oct 13, 11:52 AM
    Parking Eye - Court Claim 20th Oct 13 at 11:52 AM
    At the end of February 2013 I parked in what turned out to be a Parking Eye controlled car park for more than the 2 hour "limit". In March I received one of their Parking Charge Notices. Foloowing the advice here, I ignored it and the reminder. At the beginning of July I received a Letter Before Action from Parking Eye. The advice here still seemed to be to ignore so I did not respond to it.

    I have now received a Claim Form for Northampton County Court. What do I do now, can I defend?
Page 1
    • Umkomaas
    • By Umkomaas 20th Oct 13, 12:14 PM
    • 23,676 Posts
    • 37,858 Thanks
    Umkomaas
    • #2
    • 20th Oct 13, 12:14 PM
    • #2
    • 20th Oct 13, 12:14 PM
    At the end of February 2013 I parked in what turned out to be a Parking Eye controlled car park for more than the 2 hour "limit". In March I received one of their Parking Charge Notices. Foloowing the advice here, I ignored it and the reminder. At the beginning of July I received a Letter Before Action from Parking Eye. The advice here still seemed to be to ignore so I did not respond to it.

    I have now received a Claim Form for Northampton County Court. What do I do now, can I defend?
    Originally posted by Tandon
    I'm afraid there is no way that any advice from this forum would be to ignore a Letter Before Action, so please, unless you can provide us with the specific link that gave that information, do not level that suggestion at the forum. In actual fact in July of this year none of the advice given by this forum was to ignore ANYTHING.

    I'm surprised that as you seem to think that previous forum advice has been so incorrect why you are seeking our help now?

    All that aside you must now acknowledge service of the papers (via the MCOL website), state you will be defending and ask for the extended time (14 extra days to the standard) to give you 28 days to prepare your defence. If you don't acknowledge, PE will apply for a default judgment and you will have costs awarded against you; failure to pay these will result in a CCJ recorded against your credit rating - not a good place to be!

    You will need to spend a good deal of your time researching how to prepare your defence, so use the search engine on here to put in some keywords around 'defence', 'outline defence', 'court appearance' etc.

    Others more experienced than me in preparing court defences might be along later to make other suggestions.

    You might also want to post this on PePiPoo where there are more 'court' experts, but, do yourself a favour and leave out any unfounded accusations about any previous forum advice.

    http://forums.pepipoo.com/index.php?act=SF&s=&f=60
    Last edited by Umkomaas; 20-10-2013 at 12:16 PM.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Half_way
    • By Half_way 20th Oct 13, 12:59 PM
    • 4,705 Posts
    • 6,782 Thanks
    Half_way
    • #3
    • 20th Oct 13, 12:59 PM
    • #3
    • 20th Oct 13, 12:59 PM
    in whos car park was this?
    was it a retailer such as a supermarket? or a retail park with multiple retail outlets?
    a Hospital? a stand alone car park?

    In alomost all cases parking eye are nothing more than contractors (agents) acting on behalf of someone else (the principal )
    If a well made complaint is made to the principal ( ie car park owner) then they will be able to cancel any action by their agents.

    You still need to start working on your defence etc as above, however going after the principal/car aprk owner with a well written complaint as well may help things somewhat.
  • Tandon
    • #4
    • 20th Oct 13, 1:42 PM
    • #4
    • 20th Oct 13, 1:42 PM
    I don't know who owns the car park, it is the Arches at B&Q, Watford. I wrote a letter of complaint to B&Q but didn't get a reply. A follow up letter resulted in a reply claiming not to have received my original letter. I replied, sending copies and got a response, in which they stating they did not own the car park and that I should contact the owner (who ever that is).
    • martmonk
    • By martmonk 20th Oct 13, 1:52 PM
    • 855 Posts
    • 911 Thanks
    martmonk
    • #5
    • 20th Oct 13, 1:52 PM
    • #5
    • 20th Oct 13, 1:52 PM
    I don't know who owns the car park, it is the Arches at B&Q, Watford. I wrote a letter of complaint to B&Q but didn't get a reply. A follow up letter resulted in a reply claiming not to have received my original letter. I replied, sending copies and got a response, in which they stating they did not own the car park and that I should contact the owner (who ever that is).
    Originally posted by Tandon
    If you were a genuine customer at the park see here http://forums.pepipoo.com/lofiversion/index.php/t73896.html

    Maybe mothercare manager will be more helpful if you happened to also visit that store?

    Regardless I would go to b&q and complain in person to the manager, not by letter.
    • Coupon-mad
    • By Coupon-mad 20th Oct 13, 1:54 PM
    • 73,322 Posts
    • 85,421 Thanks
    Coupon-mad
    • #6
    • 20th Oct 13, 1:54 PM
    • #6
    • 20th Oct 13, 1:54 PM
    As I just posted on the other thread you posted on, I think you just need to practise how to search effectively (sorry if I am stating the obvious).

    On any forum if you use the 'search this forum' facility and put in a single unusual keyword you can find cases like your own in two seconds. It's the same on this forum as on any forum (the MSE search facility is explained on the other thread you posted on).

    But you now say you have no idea who owns (or runs) this Retail Park, yet you have named it...so what happened when you searched Google for that name? I just did and found a facebook page (complain on it) and some retail results which have an address to write to (write to them) and other results including kswiss' thread about the place on pepipoo forum:

    http://forums.pepipoo.com/index.php?showtopic=73896

    Well worth a read because it has been recently updated on page 3 where he has persuaded a Store Manager to get it cancelled even though he had ignored the charge and got court papers. Same car park as you only he ignored the fake PCN in 2012 - hence why you can see we now say in 2013 'do not ignore'!

    I think you simply need to learn to search effectively (forums or Google) when you want to find anything! Perhaps it's about the keywords used; I know at work at a school, I find Google searches much easier than some colleagues because I use one or two words, not sentences.

    Sorry if that sounds obvious but I have found stuff for you in minutes...
    Last edited by Coupon-mad; 20-10-2013 at 1:56 PM.
    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
  • Tandon
    • #7
    • 20th Oct 13, 11:22 PM
    • #7
    • 20th Oct 13, 11:22 PM
    As I just posted on the other thread you posted on, I think you just need to practise how to search effectively (sorry if I am stating the obvious).

    But you now say you have no idea who owns (or runs) this Retail Park, yet you have named it...so what happened when you searched Google for that name? I just did and found a facebook page (complain on it) and some retail results which have an address to write to (write to them) and other results including kswiss' thread about the place on pepipoo forum:
    Originally posted by Coupon-mad
    Unfortunately I can't find the other thread I posted on, despite following your advice.

    When I search for the The Arches car park all I get are the retailers at the park and the adjacent parks or maps of how to find it. Nothing on who owns it.
    • Coupon-mad
    • By Coupon-mad 20th Oct 13, 11:29 PM
    • 73,322 Posts
    • 85,421 Thanks
    Coupon-mad
    • #8
    • 20th Oct 13, 11:29 PM
    • #8
    • 20th Oct 13, 11:29 PM
    Forum tip (works on every forum I post on):

    Click on your own username if you want to find your previous posts quickly. I am amazed how many people join forums and don't know how to find their way around...should it be down to other posters to explain (surely there's some FAQs when you registered, or a 'forum tips/how to use the forum' summary)?

    Why would you search for the words 'car park' as part of your keywords on Google? That's the point I am making, do not include generic words. I searched for 'The Arches Watford' on Google and found a retail result (number two on my results) which gave the address to write to.

    You DO NOT ever need to know who OWNS a retail park, only an address or email or facebook page regarding the place. Google shows 2 out of 3 of those ( I couldn't see an email addy). You are complaining to the management company who run the place and you have an address and a facebook page - that will do.
    Last edited by Coupon-mad; 20-10-2013 at 11:32 PM.
    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
    • zzzLazyDaisy
    • By zzzLazyDaisy 20th Oct 13, 11:31 PM
    • 12,134 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    • #9
    • 20th Oct 13, 11:31 PM
    • #9
    • 20th Oct 13, 11:31 PM
    you must now acknowledge service of the papers (via the MCOL website), state you will be defending and ask for the extended time (14 extra days to the standard) to give you 28 days to prepare your defence. If you don't acknowledge, PE will apply for a default judgment and you will have costs awarded against you; failure to pay these will result in a CCJ recorded against your credit rating - not a good place to be!
    Originally posted by Umkomaas
    Just quoting the above post by way of a reminder that the defence clock is ticking.

    By all means try and get this knocked on the head by COMPLAINING to the stores and retail park (ie doing something about it rather than prevaricating)

    But at the moment your priority needs to be to go to MCOL and file the acknowledgment of service and get time extended to 28 days for filing the defence. Missing the court deadlines is not an option unless you want a CCJ against you.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Tandon
    But you now say you have no idea who owns (or runs) this Retail Park, yet you have named it...so what happened when you searched Google for that name? I just did and found a facebook page (complain on it) and some retail results which have an address to write to (write to them)
    Sorry if that sounds obvious but I have found stuff for you in minutes...
    Originally posted by Coupon-mad
    I initially searched for "The Arches, Watford" and all I got were lists of the various retailers at The Arches retail Park and the several surrounding retail parks plus parking information sites that give directions to find the place and fees charged. The Facebook page is an automatically generated page and has nothing to speak of on it. It certainly isn't a page relating to the land owners, retailers or park management company. If you found something useful perhaps you could post it.
  • Tandon
    J
    But at the moment your priority needs to be to go to MCOL and file the acknowledgment of service and get time extended to 28 days for filing the defence. Missing the court deadlines is not an option unless you want a CCJ against you.
    Originally posted by zzzLazyDaisy

    I have indeed acknowledged the court papers so now I need to construct a defence.
    • newholme30
    • By newholme30 22nd Oct 13, 7:56 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    I initially searched for "The Arches, Watford" and all I got were lists of the various retailers at The Arches retail Park and the several surrounding retail parks plus parking information sites that give directions to find the place and fees charged. The Facebook page is an automatically generated page and has nothing to speak of on it. It certainly isn't a page relating to the land owners, retailers or park management company. If you found something useful perhaps you could post it.
    Originally posted by Tandon
    Google - who owns the arches retail park in Watford
    http://www.citygrove.com/index.php/Portfolio/uk/WatfordArches/
    • Coupon-mad
    • By Coupon-mad 23rd Oct 13, 8:57 AM
    • 73,322 Posts
    • 85,421 Thanks
    Coupon-mad
    I initially searched for "The Arches, Watford" and all I got were lists of the various retailers at The Arches retail Park and the several surrounding retail parks plus parking information sites that give directions to find the place and fees charged. The Facebook page is an automatically generated page and has nothing to speak of on it. It certainly isn't a page relating to the land owners, retailers or park management company. If you found something useful perhaps you could post it.
    Originally posted by Tandon

    Can't link it as I am at work but the retail results about the retail park in general gave you the postal address. Just address a postal complaint to 'The Facilities Manager, Managing Agents, Arches Retail Park' at that postal address, I reckon, using your own version of the template complaint letter I show in post #3 of the sticky thread 'Successful complaints about PPCs' at the top of the forum.

    As regards the defence I hope you have now found plenty of other threads like your own on here and/or on pepipoo just by looking at the thread titles going back a few pages on each private parking forum? I posted and provided links & advice on two new cases in the last 24 hours on here (which will be on page 1, 2 or 3 right now) and there are more on pepipoo because right now every other thread on there is about defending a small claim v Parking Eye. And the advice & links given on any thread fits pretty much all situations.
    Last edited by Coupon-mad; 23-10-2013 at 9:03 AM.
    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
  • Tandon
    Can't link it as I am at work but the retail results about the retail park in general gave you the postal address. Just address a postal complaint to 'The Facilities Manager, Managing Agents, Arches Retail Park' at that postal address, I reckon, using your own version of the template complaint letter I show in post #3 of the sticky thread 'Successful complaints about PPCs' at the top of the forum.

    As regards the defence I hope you have now found plenty of other threads like your own on here and/or on pepipoo just by looking at the thread titles going back a few pages on each private parking forum? I posted and provided links & advice on two new cases in the last 24 hours on here (which will be on page 1, 2 or 3 right now) and there are more on pepipoo because right now every other thread on there is about defending a small claim v Parking Eye. And the advice & links given on any thread fits pretty much all situations.
    Originally posted by Coupon-mad
    Yes I've got the Citygrove address and will have a look at your post #3. I've also found the receipt for the purchases I made at B&Q (35.72) so will try writing to the B&Q store manager to aask for the PCN to be cancelled.

    I've started tracking through some of the defence postings and will have a look at the recent ones you mention.
    • Coupon-mad
    • By Coupon-mad 23rd Oct 13, 10:20 PM
    • 73,322 Posts
    • 85,421 Thanks
    Coupon-mad
    Don't miss the one about PE being defeated in Court today!
    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
  • Tandon
    Just quoting the above post by way of a reminder that the defence clock is ticking.

    By all means try and get this knocked on the head by COMPLAINING to the stores and retail park (ie doing something about it rather than prevaricating)

    But at the moment your priority needs to be to go to MCOL and file the acknowledgment of service and get time extended to 28 days for filing the defence. Missing the court deadlines is not an option unless you want a CCJ against you.
    Originally posted by zzzLazyDaisy
    I've acknowledged on line, written to the B&Q store manager and the MD of Citygrove to complain. Now I need to construct a defence and post in online to MCOL. I'm struggling a bit with the defence and could do with some advice. Should I post my draft on here as these forums are monitored by the parking companies?
    • Coupon-mad
    • By Coupon-mad 27th Oct 13, 4:12 PM
    • 73,322 Posts
    • 85,421 Thanks
    Coupon-mad
    Read Ed666's thread from today for starters...

    ...and not wishing to confuse, there are LOADS of useful links I have collated here about defending this sort of claim:

    http://forums.pepipoo.com/index.php?showtopic=82744&st=0&gopid=862298

    I know it leads to lots more links but how else can I show you the wealth of info that is just waiting to be discovered in a forum? Please do some reading!

    I assume you read about PE losing in court this week, as you will have seen (or been able to search for) on this very forum or on pepipoo already?
    Last edited by Coupon-mad; 27-10-2013 at 4:15 PM.
    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
  • Tandon
    Read Ed666's thread from today for starters...

    ...and not wishing to confuse, there are LOADS of useful links I have collated here about defending this sort of claim:



    I know it leads to lots more links but how else can I show you the wealth of info that is just waiting to be discovered in a forum? Please do some reading!

    I assume you read about PE losing in court this week, as you will have seen (or been able to search for) on this very forum or on pepipoo already?
    Originally posted by Coupon-mad
    I have read Ed666's message which was useful and I have been down the thread you suggest, more than once but although it would be useful if I wew reponding to a Letter Berfore Action, I am trying to put together a defence to court papers.

    I spent most of yesterday, several hours on Saturday and 2-3 hours each evening during the last week reading threads incthe ones you suggest but have found little on creating the court defence. I did find a couple of posts suggested by other users here that were on the right subject and have started putting to gether the defence. What I was asking is should I post it here for further assistance given the several warnings I've seen about uswing caution because the parking companies monitor these forums.
    • Coupon-mad
    • By Coupon-mad 28th Oct 13, 12:42 PM
    • 73,322 Posts
    • 85,421 Thanks
    Coupon-mad
    Not sure what you mean about not bothering to read the LBA thread (is that the one you mean when you talk about LBA?). If it is, then it IS worth you reading because you can check if the PPC has followed the correct LBCCC procedure - and if not it is a point of defence.

    Still not sure why you haven't found what you need from pepipoo threads about small claims either? The link I gave you is the one which I always post as SRM on pepipoo and which newbies happily use to build a defence:

    http://forums.pepipoo.com/index.php?showtopic=82744&st=0&gopid=862298

    That link has every single collated piece of advice about defending a PPC small claim that I could put together. Very little about LBCCC letters, LOADS about defending. Did you follow the links that flowed from the links (in other words you didn't just skim-read the threads given and think 'oh that's not like my case'?). If you follow the links which flow from the first one, then follow the links from that, you will find everything you need IMHO.

    I have never written a court defence so can't type out advice off the top of my head but I have collated all of that and people like you use the links every day on pepipoo and come back with a skeleton defence. You can post a draft here because the PPC will see it soon enough and you are already at court stage after all.
    Last edited by Coupon-mad; 28-10-2013 at 12:49 PM.
    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
  • Tandon
    Not sure what you mean about not bothering to read the LBA thread (is that the one you mean when you talk about LBA?). If it is, then it IS worth you reading because you can check if the PPC has followed the correct LBCCC procedure - and if not it is a point of defence.

    Still not sure why you haven't found what you need from pepipoo threads about small claims either? The link I gave you is the one which I always post as SRM on pepipoo and which newbies happily use to build a defence:


    That link has every single collated piece of advice about defending a PPC small claim that I could put together. Very little about LBCCC letters, LOADS about defending. Did you follow the links that flowed from the links (in other words you didn't just skim-read the threads given and think 'oh that's not like my case'?). If you follow the links which flow from the first one, then follow the links from that, you will find everything you need IMHO.
    Originally posted by Coupon-mad
    I think you need to re-read what I wrote. Nowhere did I say anything about not bothering to read the LBA thread, I fact I said I had read it more than once. I have not skim read but tried to foloow all the links and have had 20-30 tabs open on my browser and another 10 or so on a second instance of the browser trying to follow every post BUT this is what I was referring to in that other thread, it is a rat's nest trying to follow all the links and I'm sure I haven't got to the end of every thread, it is simply impossible. I haven't found anything i from that link that significantly helps with a defence. Yes, the shortcommings of the LBA are shown up in that thread, although I find the LBA I received actually includes some of the items that others say are missing. Perhaps Parking Eye is getting more 'on the ball'?

    I will post the draft I have written so far for comments and am following your advice and have registered on Pepipoo and will post it there where there seems to be a bit more about defences.
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