Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • ChezWillo
    • By ChezWillo 17th Mar 19, 6:22 PM
    • 9Posts
    • 4Thanks
    ChezWillo
    County Court Claim Form from ParkingEye Ltd
    • #1
    • 17th Mar 19, 6:22 PM
    County Court Claim Form from ParkingEye Ltd 17th Mar 19 at 6:22 PM
    Good evening,
    I have received a County Court Claim Form from Parking Eye (dated 14/03/19) so have read what I should do next in the Newbies section.
    I will complete the AOS, ask for a SAR and also contact Parking Eye, as advised.
    With regards to my defence, I just wanted to check if one point is worth mentioning.
    Along with unclear signage and only overstaying slightly, I was under the impression that there was no charge after a certain time in the evening. Is this worth mentioning, or would this just be classed as my own fault for wrongly believing this?
    Thanks.
Page 1
    • Redx
    • By Redx 17th Mar 19, 6:39 PM
    • 22,231 Posts
    • 28,105 Thanks
    Redx
    • #2
    • 17th Mar 19, 6:39 PM
    • #2
    • 17th Mar 19, 6:39 PM
    this will all hinge on signage and clarity of those signs and the drivers understanding of them

    plus any alleged overstay could be within the limits of clause #13 of the BPA CoP, so download that CoP and read it , because PE must abide by that CoP

    note that clause #13 has 2 grace periods, one before parking to enter and read the signs (anything up to 10 minutes, but is unspecified) , plus OVER TEN MINUTES to leave at the end of the parking period

    so how much overstay have they alleged ?

    and get photos of those signs , they are crucial to this defence (as they were to PE in the BEAVIS case)
    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
    • ChezWillo
    • By ChezWillo 17th Mar 19, 6:43 PM
    • 9 Posts
    • 4 Thanks
    ChezWillo
    • #3
    • 17th Mar 19, 6:43 PM
    • #3
    • 17th Mar 19, 6:43 PM
    Ok, thanks, I’ll have a look at the signs again. I know they’re unclear but I will check about the hours. I will also take photos.
    The claim doesn’t specify the details of the overstay but I think it’s 10-15 minutes. I assume this is something that will be provided in the SAR?
    I’ll have a look at the COP, thanks.
    • Redx
    • By Redx 17th Mar 19, 6:54 PM
    • 22,231 Posts
    • 28,105 Thanks
    Redx
    • #4
    • 17th Mar 19, 6:54 PM
    • #4
    • 17th Mar 19, 6:54 PM
    the NTK will tell you these details (or should do) - if you dont have it then the SAR should provide it

    their POC should tell you what the overstay was

    the BPA CoP tells you the limits on overstays , depending on the circumstances and if any money was paid etc


    the signage may also have a bearing on this, if any free time in the evening is allowed etc
    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
    • ChezWillo
    • By ChezWillo 17th Mar 19, 6:57 PM
    • 9 Posts
    • 4 Thanks
    ChezWillo
    • #5
    • 17th Mar 19, 6:57 PM
    • #5
    • 17th Mar 19, 6:57 PM
    I don’t have it but I think it was only 10-15 minutes.
    I’ve just read clause#13 of the BPA CoP and (from my understanding) I should be covered by the grace period.
    No money was paid as the first hour is free.
    Thanks.
    • Redx
    • By Redx 17th Mar 19, 7:03 PM
    • 22,231 Posts
    • 28,105 Thanks
    Redx
    • #6
    • 17th Mar 19, 7:03 PM
    • #6
    • 17th Mar 19, 7:03 PM
    they will probably cite BEAVIS, as he overstayed by some 50 minutes of a 2 hours for free car park that they "leased" from the B A pension fund afaik

    so a ten to fifteeen minute "overstay" may be allowed under that CoP, but anything over 20 mins would be difficult for you, unless it went into any free time for example

    so factua details are crucial here due to PE having the BEAVIS ruling
    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
    • ChezWillo
    • By ChezWillo 17th Mar 19, 7:06 PM
    • 9 Posts
    • 4 Thanks
    ChezWillo
    • #7
    • 17th Mar 19, 7:06 PM
    • #7
    • 17th Mar 19, 7:06 PM
    I’m pretty sure the overstay was no longer than 15 minutes, so should be ok there. I just need to check and clarify. I also have prof of where I shopped, but I’m not sure if that would help?
    I have had a look at the BEAVIS ruling but I’m hoping the CoP will cover my overstay.
    • KeithP
    • By KeithP 17th Mar 19, 10:28 PM
    • 14,283 Posts
    • 16,233 Thanks
    KeithP
    • #8
    • 17th Mar 19, 10:28 PM
    • #8
    • 17th Mar 19, 10:28 PM
    Good evening,
    I have received a County Court Claim Form from Parking Eye (dated 14/03/19)...
    Originally posted by ChezWillo
    With a Claim Issue Date of 14th March, you have until Tuesday 2nd April to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

    Having done the AoS, you have until 4pm on Tuesday 16th April 2019 to file your Defence.

    That's over 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.
    .
    • ChezWillo
    • By ChezWillo 17th Mar 19, 10:32 PM
    • 9 Posts
    • 4 Thanks
    ChezWillo
    • #9
    • 17th Mar 19, 10:32 PM
    • #9
    • 17th Mar 19, 10:32 PM
    Thank you for the advice.
    I plan to submit the AOS tomorrow and then start to put my defence together.
    I’ve had a look in the Newbies thread so will hopefully be able to pull something good together.
    I will post it here and will welcome any further advice.
    • D_P_Dance
    • By D_P_Dance 18th Mar 19, 8:37 AM
    • 277 Posts
    • 374 Thanks
    D_P_Dance
    Read this

    https://forums.moneysavingexpert.com/showthread.php?t=5972164&highlight=
    Treat everyday as your last one on earth! and one day you will be right.
    • ChezWillo
    • By ChezWillo 19th Mar 19, 11:23 AM
    • 9 Posts
    • 4 Thanks
    ChezWillo
    Hi,
    I have checked the PE website and the details of the alleged breach are on there (I didnít know that!)
    Anyway, my overstay was definitely only 15 minutes, as suspected, so I will be citing that clause, as advised.
    Just a quick query...in the Newbies thread, it mentions about sending an e-mail to Parkingeye try to get the claim cancelled; should I do that or am I past that stage?
    Iíve submitted my AOS via MCOL and I have submitted a SAR to PE using their online form. Iím just not sure about the e-mail.
    Thanks again.
    • ChezWillo
    • By ChezWillo 19th Mar 19, 11:29 AM
    • 9 Posts
    • 4 Thanks
    ChezWillo
    Another question...sorry but I have checked the Newbies thread!
    When I submitted my AOS, I noticed that there was an option to submit my defence that way too. This isn’t how it is advised in the Newbies section and I was wondering if there was an issue doing it this way of if it is just a new option. I know that the Newbie section talks about printing, signing, scanning to PDF and then sending via e-mail.
    Thanks again!
    • KeithP
    • By KeithP 19th Mar 19, 12:51 PM
    • 14,283 Posts
    • 16,233 Thanks
    KeithP
    Another question...sorry but I have checked the Newbies thread!
    When I submitted my AOS, I noticed that there was an option to submit my defence that way too. This isnít how it is advised in the Newbies section and I was wondering if there was an issue doing it this way of if it is just a new option. I know that the Newbie section talks about printing, signing, scanning to PDF and then sending via e-mail.
    Thanks again!
    Originally posted by ChezWillo
    In fact post #8 above in your very own thread also suggests a way of doing it.

    You need to read post #2 of the NEWBIES thread a bit more thoroughly.

    In Bargepole's 'what happens when' thread linked from that post he explains exactly why you should not file your Defence via the MCOL website.

    Your choice though.
    .
    • ChezWillo
    • By ChezWillo 19th Mar 19, 1:54 PM
    • 9 Posts
    • 4 Thanks
    ChezWillo
    I thought I had read all of the relevant posts in the NEWBIES thread...obviously not! ����!♀️
    I mustn’t have clicked on all the links.
    I will do it the way you suggested; I just wasn’t sure if that link was new and I’d missed the advice.
    Do you think it’s worth sending an e-mail to PE, as suggested in the thread, or does that only work at LBC stage?
    Thanks again!
    • ChezWillo
    • By ChezWillo 16th Apr 19, 7:38 AM
    • 9 Posts
    • 4 Thanks
    ChezWillo
    Here is my Defence...left it until the last minute! The Grace Period seems to fit perfectly, so Iím looking to rely on that.

    IN THE COUNTY COURT

    ​​​​​​​​​CLAIM No: XXXXXXXX

    BETWEEN:

    ParkingEye Ltd (Claimant)
    And
    XXXXXXXXXXX (Defendant)

    DEFENCE




    1. The Defendant is the registered keeper of the vehicle in question. The Claim relates to an alleged debt in damages arising from an alleged breach of contract, when parking at Two Saints Retail Park, Ormskirk, on 3 December 2018.


    1.1. Any breach is denied and it is further denied that there was an agreement to pay the Claimantís £100 Parking Charge Notice.

    2. The allegation appears to be based on images produced by the Claimantís ANPR camera at the entrance and exit to the site. This is merely an image of the vehicle in transit, entering and leaving the car park in question, and is not evidence of the registered keeper Ďíparking without a valid parking charge ticketí.

    2.1. The images, provided upon request, show images of the vehicle entering the car park at 16.52.45 and leaving at 18.08.31.

    2.2. As there is a free stay period of 1 hour, the Claimant is alleging that the Defendant overstayed in the car park for a period of 15 minutes.



    3. It is clear that the Claimant has paid no heed to the British Parking Association Code of Practice in respect of Grace Periods.

    3.1. Clause 13.2 in the BPA COP clearly states ĎIf 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.í


    3.2. Clause 13.4 further states ĎYou 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.í


    4. The Defendant can prove that they were a patron of a number of retailers at the site on the day in question.


    5. The Claimant is put to strict proof to explain their reasoning behind trying to collect £100 for the alleged breach, instead of the few pounds tariff, if it is their case that this sum went unpaid.


    6. If the parking charge was unpaid, then the sum owed is a quantifiable figure. The sum owed was a small tariff and, had the Defendant been alerted to the sum at the time, this would have been paid. The use of ANPR cameras and the demand for £100 is viewed to be wholly excessive.

    7. The Claimant is also put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue Parking Charge Notices, and to pursue payment.


    8. In addition to the original parking charge, for which liability is denied, the Claimant has artificially inflated the value of the Claim by adding purported Legal representativeís costs of £50, which have not actually been incurred by the Claimant.

    8.1. Whilst £50 may be recoverable in an instance where a Claimant has used a legal firm to prepare a claim, ParkingEye Ltd has not done so in this case. The Claimant has a legal team with salaried, in-house Solicitors and it files hundreds of similar claims per month. The Defendant puts the Claimant to strict proof to the contrary.

    9. In summary, it is the Defendantís case that the Claim is without merit, that it breaches the BPA COP, and that it has no real prospect of success.


    I believe the facts contained within this Defence are true.

    XXXXXXXXXXXX.


    16 April 2019
    • The Deep
    • By The Deep 16th Apr 19, 8:22 AM
    • 12,638 Posts
    • 12,855 Thanks
    The Deep
    PE signs leave much to be desired, read this and use it in your defence

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

    Also complain yo your MP, they are very familiar with these scams. and on 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. 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, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    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. lso complain to your MP, they are well aware how the scam works.
    Last edited by The Deep; 16-04-2019 at 8:28 AM.
    You never know how far you can go until you go too far.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,005Posts Today

6,831Users online

Martin's Twitter
  • Have a great Easter, or a chag sameach to those like me attending Passover seder tomorrow. I?m taking all of next? https://t.co/qrAFTIpqWl

  • RT @rowlyc1980: A whopping 18 days off work for only 9 days leave! I?ll have a bit of that please......thanks @MartinSLewis for your crafty?

  • RT @dinokyp: That feeling when you realise that you have 18 days of work and only used 9 days of your annual leave! Thanks @MartinSLewis h?

  • Follow Martin