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  • FIRST POST
    • bighouse911
    • By bighouse911 13th Jan 19, 8:56 PM
    • 27Posts
    • 6Thanks
    bighouse911
    Parking Eye - County Court Claim Form Received
    • #1
    • 13th Jan 19, 8:56 PM
    Parking Eye - County Court Claim Form Received 13th Jan 19 at 8:56 PM
    Hello
    I have read a few threads and the main long one and from what I understand it is permissible to create a thread if you have received a claim?

    I have completed the form online which gives me 28 days to file a defence now.

    I was 12 minutes over parking in a Parking Eye car park outside one of the council buildings that I work in. I ignored the letters but have received the claim demand pretty rapidly ! Parking was in September, received the claim form through from the Northampton Claims Centre on the 11.01.19 which was surprising. Can afford to pay the costs but want to defend it in court.

    I didn't bother doing the POLA initial appeal stuff because I am lazy and that was a mistake but here we are.

    What should my next steps be? It was a free car park, 2 hrs limit. 12 minutes over the limit.

    Thanks in advance, if I should be reading more first no worries, I write court reports in my role so happy to write a legal defence and attend court but just want some advice on making sure I have best case possible
Page 1
    • bighouse911
    • By bighouse911 13th Jan 19, 8:58 PM
    • 27 Posts
    • 6 Thanks
    bighouse911
    • #2
    • 13th Jan 19, 8:58 PM
    • #2
    • 13th Jan 19, 8:58 PM
    Acknowledgement of service completed online is what i meant to say in technical terms !
    • KeithP
    • By KeithP 13th Jan 19, 9:01 PM
    • 13,708 Posts
    • 15,005 Thanks
    KeithP
    • #3
    • 13th Jan 19, 9:01 PM
    • #3
    • 13th Jan 19, 9:01 PM
    What is the Issue Date on your Claim Form?
    .
    • bighouse911
    • By bighouse911 13th Jan 19, 11:50 PM
    • 27 Posts
    • 6 Thanks
    bighouse911
    • #4
    • 13th Jan 19, 11:50 PM
    • #4
    • 13th Jan 19, 11:50 PM
    date of issue was 07/01/2019
    • KeithP
    • By KeithP 13th Jan 19, 11:52 PM
    • 13,708 Posts
    • 15,005 Thanks
    KeithP
    • #5
    • 13th Jan 19, 11:52 PM
    • #5
    • 13th Jan 19, 11:52 PM
    date of issue was 07/01/2019
    Originally posted by bighouse911
    With a Claim Issue Date of 7th January, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 11th February 2019 to file your Defence.

    That's four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
    1. Print your Defence.
    2. Sign it and date it.
    3. Scan the signed document back in and save it as a pdf.
    4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5. 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'.
    6. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
    8. 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.
    .
    • Redx
    • By Redx 13th Jan 19, 11:55 PM
    • 21,920 Posts
    • 27,543 Thanks
    Redx
    • #6
    • 13th Jan 19, 11:55 PM
    • #6
    • 13th Jan 19, 11:55 PM
    download and read the BPA CoP January 2018 edition, clause #13 on grace periods , which is two, one before parking to read the signs and a minimum of 10 minutes to leave, which should have been a slam dunk at POPLA for an alleged 12 minute overstay

    hopefully it will be the same here too

    post the full P.O.C. (minus personal info) below, plus the full charges breakdown on the claim form as well (no references though)

    then read post #2 of the NEWBIES FAQ sticky thread and draft your proposed defence and post it below
    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
    • The Deep
    • By The Deep 14th Jan 19, 9:19 AM
    • 12,438 Posts
    • 12,578 Thanks
    The Deep
    • #7
    • 14th Jan 19, 9:19 AM
    • #7
    • 14th Jan 19, 9:19 AM
    It is the will of Parliament that these scammers be put out of business.

    Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
    • bighouse911
    • By bighouse911 14th Jan 19, 8:04 PM
    • 27 Posts
    • 6 Thanks
    bighouse911
    • #8
    • 14th Jan 19, 8:04 PM
    • #8
    • 14th Jan 19, 8:04 PM
    Thanks for the response.
    Could you clarify what an LOC is?

    My read of the grace period:
    13 Grace periods
    13.1 If a driver is parking without your permission, or at
    locations where parking is not normally permitted they
    must have the chance to read the terms and conditions
    before they enter into the ‘parking contract’ with you. If,
    having had that opportunity, they decide not to park but
    choose to leave the car park, you must provide them with
    a reasonable grace period to leave, as they will not be
    bound by your parking contract.
    13.2 If the parking location is one where parking is normally
    permitted, you must allow the driver a reasonable
    grace period in addition to the parking event before
    enforcement action is taken. In such instances the grace
    period must be a minimum of 10 minutes.
    13.2.a Vehicles are not permitted to park under the grace
    period in spaces designated to specific users for example
    Blue Badge holders. At all times vehicles must have
    appropriate and valid permit e.g Blue Badge on display
    for enforcement officer to inspect.
    13.3 You must tell us the specific grace period at a site if our
    compliance team or our agents ask what it is.
    13.4 You should allow the driver a reasonable period to leave the
    private car park after the parking contract has ended, before
    you take enforcement action. If the location is one where
    parking is normally permitted, the Grace Period at the end
    of the parking period should be a minimum of 10 minutes.

    It is quite clear it is 10 minutes.

    Is my argument that I read the T+C then parked which would have taken me to at least 15 minutes?

    Also should I complete a SAR? I understand I will not likely get it all before the defence is due or before a court date.
    • KeithP
    • By KeithP 14th Jan 19, 8:24 PM
    • 13,708 Posts
    • 15,005 Thanks
    KeithP
    • #9
    • 14th Jan 19, 8:24 PM
    • #9
    • 14th Jan 19, 8:24 PM
    Also should I complete a SAR? I understand I will not likely get it all before the defence is due or before a court date.
    Originally posted by bighouse911
    Yes you should.

    You may not get the response before the Defence is due, but you will definitely have it before your Witness Statement is due and therefore before any hearing.
    .
    • Coupon-mad
    • By Coupon-mad 14th Jan 19, 8:45 PM
    • 68,768 Posts
    • 80,996 Thanks
    Coupon-mad
    Could you clarify what an LOC is?
    LoC would be the pre-action 'letter of claim'.

    Or do you mean POC (the Particulars of Claim on the left of the claim form)?

    You certainly have an observation period to read signs, as well as 10 mins to leave. The BPA confirmed this in this article that they are trying to pretend never existed, but it does!

    https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

    ''Kelvin Reynolds, Head of Public Affairs and Policy at the British Parking Association (BPA) says there is a difference between ‘grace’ periods and ‘observation’ periods in parking and that good practice allows for this.''
    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
    • bighouse911
    • By bighouse911 15th Jan 19, 7:01 PM
    • 27 Posts
    • 6 Thanks
    bighouse911
    POC:

    Claim for monies outstanding from the defendant, as the registered keeper. in relation to a Parking Charge, issued X for parking on private land in breach of the terms and conditions (the contract). Parking Eye's automated number plate recognition system monitoring Wythenshawe Etrop Court, Rownlandsway, Manchester, M22 5RQ captured the vehicle X entering and leaving the car park, overstaying the max stay time. The signage, clearly displayed at the entrance, and thrpoughout the car park states that this is private land , is managed by Parking Eye LTD an dis a max site, along with other T+Cs by which those who park on site agree to be bound. In accordance with the T+Cs set out in the sigange, the Parking Charge became payable. Notice under the Protection of Freedoms Act 2012 has been given under Sch 4, making the keeper liable. The claim is in reference to Parking Charge(s) X
    • bighouse911
    • By bighouse911 15th Jan 19, 7:05 PM
    • 27 Posts
    • 6 Thanks
    bighouse911
    If I lost what is the max they can claim against me for? Willing to fight but also not got bags and bags of cash ! Claim is for £145 ATM.
    • Coupon-mad
    • By Coupon-mad 15th Jan 19, 8:02 PM
    • 68,768 Posts
    • 80,996 Thanks
    Coupon-mad
    £175 - max £200, typically, all told if you lost v Parking Eye.

    Well worth the fight!

    That Grace periods BPA article and the BPA CoP, will go into your evidence at Witness Statement stage.

    Send a SAR as per their data privacy page, only if you haven't got all the letters or feel there is data they hold on you that you haven't got.

    Otherwise, do the AOS and then show us your defence draft, based on others here.
    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
    • bighouse911
    • By bighouse911 15th Jan 19, 9:22 PM
    • 27 Posts
    • 6 Thanks
    bighouse911
    Brill. Will fight it for sure ! thanks for the assistance.
    • bighouse911
    • By bighouse911 18th Jan 19, 11:27 PM
    • 27 Posts
    • 6 Thanks
    bighouse911
    I have had my SAR - no reference to legal or debt collection or explanation of the additional charges?
    • Coupon-mad
    • By Coupon-mad 19th Jan 19, 12:14 AM
    • 68,768 Posts
    • 80,996 Thanks
    Coupon-mad
    Additional charges explanations are not 'personal data' (the only subject of a SAR).
    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
    • bighouse911
    • By bighouse911 19th Jan 19, 9:46 AM
    • 27 Posts
    • 6 Thanks
    bighouse911
    Got you. But if they are not able to prove them does that mean they cannot charge them in the claim if they win?
    • Coupon-mad
    • By Coupon-mad 19th Jan 19, 6:06 PM
    • 68,768 Posts
    • 80,996 Thanks
    Coupon-mad
    Yes, as long as you steer the Judge to see that, and not be railroaded.
    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
    • bighouse911
    • By bighouse911 6th Feb 19, 8:25 PM
    • 27 Posts
    • 6 Thanks
    bighouse911
    Oops.

    Fully left to the last minute.

    Made an offer without prejudice and they "generously" said they would knock of £20 making it £125

    I have struggled to find a defence based upon grace periods on here that has been used in court.

    I am going to get on with the defence now but do i need to focus on all of the issues that are normally raised i..e. APNR singanhe or just that I was 2 minutes out of the of grace period?
    • bighouse911
    • By bighouse911 6th Feb 19, 8:53 PM
    • 27 Posts
    • 6 Thanks
    bighouse911
    Has anyone got a defence they could link me to that is relevant i.e. is in relation to grace periods?
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