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  • FIRST POST
    • makem99
    • By makem99 31st May 19, 12:35 PM
    • 5Posts
    • 1Thanks
    makem99
    Count Court Letter - ParkingEye at Hospital
    • #1
    • 31st May 19, 12:35 PM
    Count Court Letter - ParkingEye at Hospital 31st May 19 at 12:35 PM
    Hi all,

    I have received a county count letter from Parking Eye and I am not sure if I have grounds to defend it.

    I have been ignoring the letters from Parking Eye for the last 3 or 4 months (I think this may be old advise these days), who were trying to charge me £70 for parking in a hospital car park without paying. This is a pay when you leave car park, with camera that takes a photo of you entering and leaving. There are large machines at certain exits of the hospital buildings in which you enter your reg when you leave, they show you an image of your car entering the car park - it is at these machines that you pay the allotted charge (None of these machines exist at the exit i left the hospital from).

    We had a new born baby and were back and forward to the hospital numerous times for the first few months after his birth with health issues, and on every other occasion I have duly paid the fee. I still hold copies of receipts where I have paid for a weeks pass for parking at this site around the same period as this charge relates. So I was not intentionally avoiding to pay.

    On the occasion in question we were tired after many sleepless nights, it was late in the evening, and we were told by the doctor in A&E to go home and pack our bags as our baby would be going to another hospital for an emergency operation at 6:00am the next morning.

    So as we rushed out of the hospital on a cold, dark winters night, with a poorly 6 weeks old baby in tow, paying for the parking was the last thing on my mind and I forgot all about it. As previously mentioned there were no machines on which to pay on my way out (and thus no reminder to pay), I would have had to go into one of the other main hospital entrances to find a parking machine. It was also dark when leaving so I saw little of any signage reminding me to pay.

    Any advice on if this is worth defending would be appreciated please.

    Thanks
    M99
    Last edited by makem99; 31-05-2019 at 12:40 PM.
Page 1
    • Le_Kirk
    • By Le_Kirk 31st May 19, 12:47 PM
    • 6,599 Posts
    • 6,633 Thanks
    Le_Kirk
    • #2
    • 31st May 19, 12:47 PM
    • #2
    • 31st May 19, 12:47 PM
    In the first instance go and find the PALS desk in the hospital and see if they can help.
    • KeithP
    • By KeithP 31st May 19, 1:32 PM
    • 17,883 Posts
    • 21,788 Thanks
    KeithP
    • #3
    • 31st May 19, 1:32 PM
    • #3
    • 31st May 19, 1:32 PM
    What is the Issue Date on your Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?
    .
    • Coupon-mad
    • By Coupon-mad 31st May 19, 1:34 PM
    • 76,496 Posts
    • 89,853 Thanks
    Coupon-mad
    • #4
    • 31st May 19, 1:34 PM
    • #4
    • 31st May 19, 1:34 PM
    Everyone has grounds to defend a private parking charge.

    I've typed that without reading ANY details of your post yet!

    We had a new born baby and were back and forward to the hospital numerous times for the first few months after his birth with health issues, and on every other occasion I have duly paid the fee.
    You REALLY should not have ignored this PCN which would have been easy for the Hospital to cancel with one email.

    Now it is FAR harder as P/Eye have spent money on a claim. Try the PALS complaint, better late than never. But it would have been soooo simple, given your circumstances.

    BIG MISTAKE when people do not complain to the landowners first.
    Last edited by Coupon-mad; 31-05-2019 at 1:36 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
    • The Deep
    • By The Deep 31st May 19, 1:55 PM
    • 15,203 Posts
    • 15,862 Thanks
    The Deep
    • #5
    • 31st May 19, 1:55 PM
    • #5
    • 31st May 19, 1:55 PM
    Please read these

    https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles


    IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

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

    and enlist the support of your MP as they are obviously trying to scam you.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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
    You never know how far you can go until you go too far.
    • makem99
    • By makem99 31st May 19, 2:14 PM
    • 5 Posts
    • 1 Thanks
    makem99
    • #6
    • 31st May 19, 2:14 PM
    • #6
    • 31st May 19, 2:14 PM
    What is the Issue Date on your Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?
    Originally posted by KeithP
    28th May 2019.

    Yes, it's from the County Court Business Centre in Northampton.
    Last edited by makem99; 31-05-2019 at 2:27 PM.
    • KeithP
    • By KeithP 31st May 19, 3:03 PM
    • 17,883 Posts
    • 21,788 Thanks
    KeithP
    • #7
    • 31st May 19, 3:03 PM
    • #7
    • 31st May 19, 3:03 PM
    28th May 2019.

    Yes, it's from the County Court Business Centre in Northampton.
    Originally posted by makem99
    With a Claim Issue Date of 28th May, you have until Monday 17th June 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 file linked 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 Monday 1st July 2019 to file your Defence.

    That's a whole month away. Loads of time to produce a perfect Defence, but don't leave it to the 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 "defence received". If not chase the CCBC until it is.
    7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.
    Last edited by KeithP; 31-05-2019 at 11:06 PM.
    .
    • makem99
    • By makem99 11th Jun 19, 3:42 PM
    • 5 Posts
    • 1 Thanks
    makem99
    • #8
    • 11th Jun 19, 3:42 PM
    • #8
    • 11th Jun 19, 3:42 PM
    If my defense of this claim loses, is it possible that I will have pay more than the amount stated on the N1SDT Claim Form?

    i.e court fees or the likes?

    Or is the amount on the form the maximum monetary risk?
    • tboo
    • By tboo 11th Jun 19, 3:50 PM
    • 993 Posts
    • 4,693 Thanks
    tboo
    • #9
    • 11th Jun 19, 3:50 PM
    • #9
    • 11th Jun 19, 3:50 PM
    Not sure on the amount but I think no it's less - someone experienced will confirm


    Any hoo have you done the AOS?
    and what about showing us a draft defence you have put together
    “You’re only here for a short visit.
    Don’t hurry, don't worry and be sure to smell the flowers along the way.”
    Walter Hagen


    • The Deep
    • By The Deep 11th Jun 19, 4:01 PM
    • 15,203 Posts
    • 15,862 Thanks
    The Deep
    If you were to lose a court case it would be very unlikely that you would have to pay more that £175 - £200, no matter how much the claimant thas asked for as costs are limited.
    You never know how far you can go until you go too far.
    • waamo
    • By waamo 11th Jun 19, 4:01 PM
    • 7,881 Posts
    • 10,748 Thanks
    waamo
    If my defense of this claim loses, is it possible that I will have pay more than the amount stated on the N1SDT Claim Form?

    i.e court fees or the likes?

    Or is the amount on the form the maximum monetary risk?
    Originally posted by makem99
    The amount on the form should include all court fees. What does it say?
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 12th Jun 19, 10:34 PM
    • 76,496 Posts
    • 89,853 Thanks
    Coupon-mad
    There is no risk of huge fees and the £60 they added is unrecoverable as long as you explain why to a Judge who hasn't realised that fact.

    This is already covered on any other court thread you read.

    We wouldn't do this, if defending put people at monetary or credit rating risk. It doesn't.
    Last edited by Coupon-mad; 13-06-2019 at 9:12 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
    • makem99
    • By makem99 13th Jun 19, 9:06 PM
    • 5 Posts
    • 1 Thanks
    makem99
    If I pay the requested amount to parking via there website, do I still need to complete the AoS?

    Or would I defend the claim stating already paid in full.

    Or does it just go away with me acknowledging anything?

    Quite tempted to just pay up and forget about this, I have too much going on to be able to defend this and attend a hearing etc. Id rather it just went away.
    • Coupon-mad
    • By Coupon-mad 13th Jun 19, 9:14 PM
    • 76,496 Posts
    • 89,853 Thanks
    Coupon-mad
    Quite tempted to just pay up and forget about this, I have too much going on to be able to defend this and attend a hearing etc. Id rather it just went away.
    What, you'd rather pay £260 odd or whatever the claim wants, rather than carry on, for:

    99% likelihood of paying nothing, due to being assisted here (as that's our stat), or

    1% possibility of a rare loss at a hearing, but then paying maybe £175?

    You CANNOT just pay what the website says; don't even try it. The claim would continue.
    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
    • makem99
    • By makem99 14th Jun 19, 2:14 PM
    • 5 Posts
    • 1 Thanks
    makem99
    The claim is closer to £140. I'd rather just get it out of the way than have it drag on and have to take unpaid time off work etc.

    When I log into government gateway it simply advises you to pay the claimant if you wish to pay immediately and not defend.

    The only other option would be pay it and then defend the claim staying I had paid it on today's date.
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