@lidluk Parking eye county court claim

[EBC123]

In September 2014 I received a parking penalty reminder, from Parking eye,

5 weeks after a car of which I am the registered keeper, and with 4 named drivers, allegedly overstayed in Rheidol carpark, Aberystwyth by 15 minutes.

 

 

This was the first communication received from the company.

 

 

I responded to that communication and heard nothing more until June 2015 which was court proceedings intention.

Again I responded to that letter.

 

 

Today I received a county court claim pack of 47 pages, which includes copies of documentation they apparently sent to me, but which I have not received.

 

 

The paperwork includes lots of examples of previous court cases where prosecution was successful as part of their defence.

The paperwork does not include any dates for court proceedings or anything else.

 

I'm not sure who was driving, but I do have evidence of having shopped in Lidl that day.

the driver is largely irrelevant as the RK now appears to be held responsible if no driver is identified.

 

Life at the time of the alleged incident was very chaotic, my mother was very ill and died during that period, and since then my own relationship has broken down and this court pack is the last straw, I'm not sure what to do next..

 

 

please advise.

 

Also no POPLA code was ever received from Parking eye following my appeal to the PCN.

[dx100uk]

if you've received a court claim

 

 

your should have an N! court form?

 

 

can you type up the POC

exactly as it appears on the claimform

minus pers info.

 

 

and I hope they have not used the words 'parking penalty reminder?

[dx100uk]

http://www.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Parking+eye+county+court+claim&sa=Search+CAG#gsc.tab=0&gsc.q=Parking%20eye%20county%20court%20claim&gsc.page=1

[EBC123]

Issue date 8/6/15:

Claims for monies outstanding from the defendant as registered keeper, in relation to a Parking charge, issued 22/08/2014, for parking on private land in breach of the terms and conditions (the contract). ParkingEyes automated number plate recognition system, monitored Rheidol retail Park, Aberystwyth, Dyfed, SY23 1LL, captured vehicle F****** entering and leaving the car park, overstaying the max stay time. 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 max stay 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 Protection of Freedoms Act has been given under sch 4, making the keeper liable. This claim is in reference to parking Charge(s) 3*****/8****5

 

 

The claim was the second communication from the company, following the reminder received 5 -6 weeks after the alleged parking offence.

 

my response, is attached below:

Claim number: B*****8

Claimant: Parking eye:

26th June 2015

I have just spent 2 hours registering on Government gateway, & Moneyclaim on line, writing up my defence of approx. 130 lines, which I hope is saved, before being requested to log back into moneyclaim online and being unable to do with the details provided. The help line 0845 601 5935 is not in service, so I have resorted to starting again and posting this to you.

1: The Rheidol carpark, Aberyswtyth, is the town centre’s main carpark , serving Argos, Lidl, Iceland, Mountain Warehouse & Store 21, where, as a family, we frequently purchase goods. Access to the car park is off the main thoroughfare, Alexandra road, which is partly one way, easily congested and exceptionally busy during vacations and busy periods of traffic flow. It can take up to 30 minutes to exit the car park during the summer months.

2: I am the registered owner of the car in question and one of the 4 insured drivers as well as my (now) ex-partner, our eldest son, & daughter. It is unclear who was driving the car at the time.

3: First communications from Parking eye regarding the alleged 15 minute overstay on the 16th August was made at least 5 weeks after that date. No communication dated 22/8/15, was received as detailed in the particulars of claim.

4: the claim from Parking eye arrived during an incredible stressful period, as outlined in the attached letter. My mother had fallen ill quite rapidly, and required support and help during the summer months. She was subsequently diagnosed with bowel cancer, which had metastasised to her liver and from which she subsequently suffered a severe stroke requiring immediate hospitalisation, dying 5 days later on the 14th September. Her funeral service was on 24th September. I returned from this service to find the first communication & demand from Parking Eye.

My response is attached.

The charges are excessive and do not reflect a realistic amount equating to £200-340 per hour. Communication by Parking eye was outside the permitted period. I have no idea who was driving the car at the time of the alleged incident. More details were provided in my online claim.

I await your decision.

PTO for my response to Parking Eye’s correspondence.

[i hate bailiffs]

Hold fire with defence unless you have already sent it?

I expect the sinage will differ to what they are claiming they state maximum stay

The sinage will prob state maximum parking time

 

They clocked you going into car park and time going out

For all they know you could of been looking for a space for 20 mins

 

Stick to court deadlines

[EBC123]

I've checked the photos of signs Parking Eye have sent in their defence pack & you are correct. at the top of the signage it states 2 hour max stay & further down states that "Parking limited to 2 hours (no return within 1 hour)" which is a good & very valid point.. I must have spent quite a while parking and getting in & out of the vehicle & car park as I was genuinely having spinal scans at the same time...

Anything else I need to consider please?

[f16]

If as stated. It was an ANPR job. ... Then the NTK needs to land on your door mat 14 days after the "offence".

 

From what you have posted. This is not the case

[ericsbrother]

Their original claim is not complaint with the PoFA so no keeper liability. However, when you got the letter 5 weeks later you should have told them to get lost because of this and a paper trail would have been created. If you have the original letter you did receive then you can bet the claim away with this rather inconvenient (for them)truth. No keeper liability as paperwork not PoFA compliant.

As for point 4 of your intended defence it is completely irrelevant so remove it. the law is not interested in mitigation after the event so dont go there as it will only cause your proper defence to be watered down.