ParkingEye County Court Claim

[Bigjohnl51]

I have received a county court claim from ParkingEye.

I went to the cinema in Southampton but didn't register my car details.

 

Particulars of Claim

 

Claim for monies outstanding from the defendant, as registered keeper,

in relation to Parking Charge, issued 20/12/2014, for parking on private land in breach of the terms and conditions (the contract).

 

 

ParkingEys's automated number plate recognition system, monitoring Leisure World, Southampton, SO15 1RE,

captured vehicle entering and leaving the carpark, parking without a valid paid parking 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 T+C's by which those who park on site agree to be bound.

 

 

In accordance with the T+C's set out in the signage, the Parking Charge became payable.

Notice under the Freedoms Act 2012 has been given under Sch 4, making the keeper liable.

This claim is reference to Parking Claim **********.

 

I have a letter from Odeon Cinema confirming that I did purchase cinema tickets on that day and therefore am entitled to 4 hours free parking.

Sent a copy to ParkingEye but so far they have ignored it.

 

I did not overstay a free period as every other case seems to be including Beavis, but did not register my car details.

 

I think they would settle for £60 but if I go to court, set for August, I could lose £175.

[fkofilee]

That letter you have, submit a copy to the courts using MCOL.

GUARANTEE you, the judge will side with you on it

 

Solely because the Odeon cinema is probably their client...

[DragonFly1967]

That letter you have, submit a copy to the courts using MCOL.

GUARANTEE you, the judge will side with you on it

 

Solely because the Odeon cinema is probably their client...

 

I doubt that the Odeon is the client, they usually only lease the building, the car park being part of the wider 'complex' but, they'll probably have an agreement with the Management company (ie, the actual client of ParkingLie).

 

Either way though, I agree with fkofilee on the rest. The letter you have from Odeon should sink their claim.

[renegadeimp]

And if the letter doesn't, gpeol will

[SabreSheep]

Confirmed, there is a landowner that governs that land including the car park.

 

Odeon is not the land owner

[Bazooka Boo]

You'd think parkinglie would have given up by now?

 

Incredible how they still make money!

[renegadeimp]

Theyre nothing more than very shady cowboy clampers. They even try to pull the wool over the courts eyes, and even when they know they are guaranteed to lose, they try and get the person to pay their court costs and say they will withdraw. That way they dont lose anything at all.

[Bigjohnl51]

That letter you have, submit a copy to the courts using MCOL.

GUARANTEE you, the judge will side with you on it

 

Solely because the Odeon cinema is probably their client...

 

Thank you. I don't understand why they have kept going it's a stressy time.

[Bazooka Boo]

Nothing to stress about, they will lose, you have a perfect defence.

[renegadeimp]

Thank you. I don't understand why they have kept going it's a stressy time.

 

Simply put, theyre pure bottom of the barrel ****. They dont care about rules and law. They just want money off you and as much as they can get.

[Bigjohnl51]

Nothing to stress about, they will lose, you have a perfect defence.

 

Thank you it is positive support I need

[ericsbrother]

Write to PE asking for sight of the contract between themselves and the LANDOWNER under CPR 31.14. Quote the court claim number and give them 14 days to respond. If they dont, write to the court saying that you cannot prepare a defence without this document and request that the claim be dismissed as having no basis for a claim.

[Bigjohnl51]

ericsbrother: Thank you for that. Does this disclosure rule apply to small claims track or should I apply anyway?

[SabreSheep]

CPR 31.14 does not apply to small claims track. However, until after the direction questionnaires have been completed and the court issues directions, the case is not yet in the small claims track.

[Bigjohnl51]

SabreSheep: Thank you for that. I thought as much. Unfortunately I have been given an allocation to Small Claims Track (Hearing) so I am in the system. I still intend to question this so called contract as it has been used successfully on other recent cases although it seems I can't ask to see it before the hearing.

[Bigjohnl51]

I still need help with this. I have done a fair bit of reading and I want to add things to the defence I submitted at the very beginning of all this. Does anyone know if I can do this and if so how?

[SabreSheep]

Poste a redacted copy of the defense here and await others advice

[Bigjohnl51]

My defence as appears on County Court Claim:

"We went to the Leisure World Cinema to watch a film. We had visited the site many times over the years and it had always been free parking. We parked late for the film and close to the cinema and were not aware of any changes. I have evidence that we did attend the leisure World Complex to watch a film. On-line parking advice show 4 hours free. The parking charge notice shows the car was on site from 16:17:32 till 18:57:57. Under 4 hours. If we did breach a contract then under contract law that company is only allowed to make a claim for the amount they have actually lost, Because these spaces are free to park for 4 hours, I would argue the amount they lost is actually nothing. I also state I was not the driver."

 

 

I can only say I was under pressure to get a defence in within 14 days.

 

 

Ideas?

[ericsbrother]

as the OP is responding to a claim it has not yet been allocated to the small claims procedure. That may well be a certainty but until that it decided by the courts service asking for discovery under Civil Procedure Rules is still a good thing to do. It will be down to the judge as to whether the evidence is a necessity but they dont like people, especially companies employing lawyers wasting their court's time so it will generally go in the defendants favour if an adjournment is asked for due to a lack of the vital evidence.

[Bigjohnl51]

ericsbrother: I think it worth a go and I will apply for see it. Thank you.

[Bigjohnl51]

I have just received an email from ParkingEye to settle for £75. £50 Solicitors cost and £25 Court Hearing fee. Tempted to negotiate?

[Bazooka Boo]

Yeah, I'd negotiate £0.....

[Homer67]

Parking Lie have sent you that 'offer' as they know they don't stand a chance n court. why would you accept any settlement offer when you owe nothing

[Bigjohnl51]

Homer67: Thank you. I know you are right but I tend to fluctuate between wanting to take them on to just wanting it to go away.

[Bazooka Boo]

It'll go away when you ignore them.

 

Poking them just encourages them, they prey on doubters to line their pockets, you'll be fine