Parking Eye ANPR PCN Claimform - ntice of allocation stage help

[jonbro51]

Hi all. I am new to this forum.

 

 

I know there has been a lot written about Parking Eye and that some people are getting quite annoyed about the quality of posts where people have not read previous threads or are repeating things.

I hope that I am not doing that as I can't find much advice about my situation.

 

 

I have done everything advised on other web sites and have now got a court date allocated to the small claims track. This is about 7 weeks from now.

 

 

I have previously submitted a basic defence claiming that it was a penalty charge and that I would submit a further defence at least 14 days before the court hearing.

 

 

My question(s) therefore are:

 

1. Do I submit a full defence as posted by Mummsy 'HAVE A LOOKGUYS AND LET ME KNOW WHAT YOU THINK ???' and

 

2. Do I submit ASAP or wait to see if it is struck out for any reason?

 

Sorry to rake over old ground for regular readers!

 

Regards

[Scouse Magic]

what are the particulars of claim ? do not give out your name, address vehicle etc

[ploddertom]

Before getting the Claim Forms had you previously ignored everything sent to you?

[Scouse Magic]

The particulars of claim (Allegation) are important on the NCC form

[ericsbrother]

The standard POC's sent out are faulty so a defence can include the rebuttal of the claim of parking without authorisation as PE have no authority in that matter and their only basis for a claim is breach of contract and that is tenuous to say the least.

Post up the POC and anything added to it since. If it is the standard then the template defence will suffice but there are other angles of attack, such as PE doesnt have planning permission to put their advertising hoardings up and therefore estoppel is a defence.

[jonbro51]

Particulars of Claim

Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, issued XXXXX, for parking without authority on private land.

ParkingEye’s automated number plate recognition (ANPR) system, monitoring XXXXXXX, captured vehicle XX123XXX entering and leaving the car park, parking without a pay and display ticket. The signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by ParkingEye Ltd, and is a paid parking site, along with other terms and conditions by which those who park on site agree to be bound. In accordance with the terms and conditions set out in the signage, the Parking Charge became payable.

Notice under the Protection of Freedoms Act 2012 has been given under Sch 4, making the keeper liable. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

 

I have done everything else correctly (I hope!). Returned claim form, received pack from PE. Sent simple statement of defence stating this is an unenforceable penalty. Received and returned directions questionnaire. Received notice of proposed allocation. Received notice of transfer. Finally received Notice of Allocation about 2 weeks ago.

 

Any help much appreciated.

Edited November 2, 2016 by dx100uk

[Surfer01]

In your first post you mention penalty charge in your defence and then in another post it si referred to as a Parking Charge. Contact the local council and check whether Parking Eye have permission to operate a business on that car park and whether they pay business rates. It may not help you directly, but will give PE a headache!

[jonbro51]

Penalty charge is my interpretation from other postings. They obviously call it 'parking charge' but £100 is one hell of a parking charge for a small rural resort!

[Scouse Magic]

Hi Johnbro51 thanks for that...

 

Can you tell me please was this a council car park, or shopping retail park etc, (Although the poc states private land.) You just state rural location......no need to name the exact location as they patrol this site..

 

And finally before we go further can you explain a little about the set up there....What I mean is how can the usual ANPR identify that you have not paid and displayed in order to send out the invoice in the absence of close up photos of the dashboard ??

 

 

Cheers

[jonbro51]

It is a car park in a tourist resort. It is leased from the Council. I presume that machine records if a ticket has been purchased.

[Scouse Magic]

So there is an argument that they can only bring a claim in their own name if a contract exists that authorises them to do so, why didnt you buy a ticket

[jonbro51]

Because all council car parks are free after a given date in winter and I thought it was a council car park!

[Scouse Magic]

Did you see any signage

 

Sorry not being harsh, others can help but a defence of you thought it was council and free is not strong

[jonbro51]

Yes, but as I said, I believed it to be a Council car park and that charges would not apply after 31st October as with all other council car parks.

[Scouse Magic]

Well im sure others will come in but it seems to me that your argument will be based on the charge being a penalty clause and not a genuine pre estimate of actual loss and wether or not PE are allowed to bring a claim in their own name

[jonbro51]

Thanks

[Scouse Magic]

If you can it maybe worth going back to the site and look at the signage and take a photo and see who actually PE monitor parking for

[ericsbrother]

At least you can prove that the claim is a penalty as the cost of parking is prescribed by the signage. Now, PE will claim that not paying is a breach of contract and thus the £100 is money due under that contract but if that was due then the parking fee would be £100 plus whatever the hourly rate is. In my mind in this instance it is easier for PE to show offer and acceptace so look at the unfair penalty aspect of the charge