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  • FIRST POST
    • JoshBrux
    • By JoshBrux 3rd May 18, 5:20 PM
    • 11Posts
    • 8Thanks
    JoshBrux
    ParkingEye County Court Defence- I have proof?
    • #1
    • 3rd May 18, 5:20 PM
    ParkingEye County Court Defence- I have proof? 3rd May 18 at 5:20 PM
    Hi guys, let me first just say that i appreciate any and all responses i get to this thread, i dont poat here often, but im in need of some help.

    Yesterday i recieved a County Court Letter from ParkingEye, stating that i owed them 175 due to a parking vioaltion that occured back in December 2017, the incident occured after i failed to put in my registration plate into a terminal when i was going to watch a film at Odeon, causing them to accuse me of staying over my welcome by about 2 and a half hours.

    I did receive one other letter, a 60 fine and the usual picture of my car entering and leaving the premises. To my ignorance, following the advice the last time something similar happened, i just ignored, hoping it would go away.

    I went straight to Odeon today and spoke to the manager asking if anything could be done. We had a fairly long conversation. He mentioned how this was becoming a daily occurence for him since the enforcement started, he mentioned how he now has to get his staff to verbally prompt the customers that come in because the ipads used for signing in your license plate and the signing used to indicate them arent at all obvious.


    Nevertheless, i managed to get him to fire off an rather meekly email to ParkingEye, stating that i had proof i was a paying customer (In the form of a bank statement with a transaction to Odeon cinemas) and asking them "If anything could be done to cancel the fine" but he did say that sometimes they dont even bother to reply.

    I got a copy of the email, headed and everything, which i planned to send as my defence.

    I was just wondering, is this a wise choice? If they still go ahead, would they still be able to? Obviously i have ignored a letter and i do take responsibility for that, but I feel like as i can prove i was a paying customer, ive been wrongly fined in the first place, so would that still stand in court?
    Last edited by JoshBrux; 04-05-2018 at 3:26 PM.
Page 2
    • Coupon-mad
    • By Coupon-mad 23rd May 18, 11:08 PM
    • 59,958 Posts
    • 73,113 Thanks
    Coupon-mad
    No need, just ignore it.

    I think PE might fold in this case; hope so, even though I would like to see that specific defence tested at a hearing. Must use the above defence again as it says everything I would want it to say if I were in your shoes.

    And lots of people are in your shoes with a PCN churned out without sufficient checks, by an automated (hidden cameras) ANPR system that uses data that clashes with another data processing system (in your case a hidden iPad).

    The same sort of defence (suitably tweaked) would work in a ANPR/PDT machine clash of data sets that I would call an 'unfair and unconscionable conflict of two data processing systems', which used together, work against consumers and fail the mandatory ICO rules for ''evaluation of proportionality and necessity, considering concepts that would impact upon fairness under the first data protection principle''.

    Cases like this are well worth defending and nothing like the 'free retail park' licence to park ''breach'' in Beavis.
    Last edited by Coupon-mad; 23-05-2018 at 11:12 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • sally6588
    • By sally6588 26th Jul 18, 12:32 PM
    • 16 Posts
    • 11 Thanks
    sally6588
    Cel
    Hi Coupon-Mad

    I have to attend court on the 9th August to defend a case against CEL.

    I parked in a hotel car park that had a reciprocal arrangement with the gym I attended at the time, the day I attended I had no idea about the new system and it was not until I started receiving letters that I was told to ignore (I know big mistake) that as I was aware.

    My future visits to the gym and before I received the fine I was told to enter my reg number in an ipad, which i did. I spoke to the hotel to complain and they just said I had to go through CEL there is nothing they can do.

    The Gym provided proof that I attended and I have asked them to write to me now and tell me a) If CEL still have the contarct at the hotel b) what is there contractual/noncontractual arrangement and c) A very clear statement informing the court that I had authority to park in the car park.

    I have been through mediation whereby they asked for 300 and I refused and now I have a court date and need some help .

    I was not aware about these threads until a lady in the court pointed me this way as she said they are being inundated with these claims.

    hopefully you can help me.
  • hap397
    Sally - you need to start your own thread and not hijack someone's thread otherwise it will get very confusing.

    have you read the Newbies thread about defending court claims?
    • Coupon-mad
    • By Coupon-mad 26th Jul 18, 12:57 PM
    • 59,958 Posts
    • 73,113 Thanks
    Coupon-mad
    I have to attend court on the 9th August to defend a case against CEL.
    You shouldn't have a hearing at all, had you defended it as per this forum.

    We see no hearings at all. We do see court dates allocated, but they always discontinue when we help someone defend a CEL case.

    So you need to read the second post of the NEWBIES FAQS thread as you are at Witness Statement (WS) and evidence stage and TODAY is 14 days before the hearing...and you know from the hearing letter that you have to get all evidence and your WS in (to the Court and CEL) on time. Thus far you have merely written some random words in defence - no evidence!

    Spend the day doing the WS and evidence (please don't ask how to do that, the NEWBIES thread has examples!) and in fact get it taken tomorrow morning in person to the court, before 1pm. One day late, in the morning, is gonna have to be OK.

    Don't reply here at all please, you need to read what I pointed you to then start your own thread showing us:

    - your defence words

    - your draft WS and evidence (if I am right and you've dropped that ball & need to kick it again).

    NO REPLY HERE AT ALL PLEASE.
    Last edited by Coupon-mad; 26-07-2018 at 1:00 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • PlasticLegs
    • By PlasticLegs 7th Aug 18, 3:51 PM
    • 1 Posts
    • 0 Thanks
    PlasticLegs
    Slightly more complicated...
    I've received a letter from debt recovery plus. Basic story is, my wife went to toys r us and parked up, went round toys r us and, being pregnant, had a sudden urge to use the toilet. There wasn't a customer toilet there so her friend drove her over to burger King. They decided to have some food then head back to shop, meaning in the end she went 19 minutes over her 2 hour time.
    Silly me, I forgot to change the address on the V5 when we moved two weeks later so the fine was sent to our old house (now correct, realised about a month later).
    Issue now is, toys r us are closed so I can't go to them to contact the G24 Ltd. My fault for not changing the V5 so it's not like I could have appealed it initially. Now I'm threatened if I don't pay I'll go to court and it now stands at 160 which, with a baby coming in around 2 weeks, is something I can't afford.
    What advice would you have? The car park has about 150 spaces but if there was ever 20 cars there it would be deemed busy. There are no other stores there, just toys r us.
    • Le_Kirk
    • By Le_Kirk 7th Aug 18, 3:59 PM
    • 2,967 Posts
    • 1,840 Thanks
    Le_Kirk
    You need to read the Newbie section, two clicks back third post down, where you will see all the information you require. After careful, comprehensive & repeated reading of the sticky and if you still have questions, start your own thread and ask your questions(s).
    Never reveal who was driving, the driver parked, the keeper is responding to the NTK
    • KeithP
    • By KeithP 7th Aug 18, 3:59 PM
    • 8,569 Posts
    • 8,439 Thanks
    KeithP
    What advice would you have?
    Originally posted by PlasticLegs
    PlasticLegs, the best advice for you is to read the NEWBIES FAQ sticky thread.

    If, having done that, you still have questions then please start your own thread.

    Trying to address the different issues of two different people can only lead to confusion.
    .
    • Le_Kirk
    • By Le_Kirk 7th Aug 18, 4:00 PM
    • 2,967 Posts
    • 1,840 Thanks
    Le_Kirk
    Need to type quicker Keith! Wow, it ain't often I beat you!
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