Parking Eye ANPR LOC Now claimform - Teanlowe - Booths Poulton Le Fylde

[Robert63]

My wife has just received Parking Charge Notice from those lovely people at Parking Eye.

The car park is a free to use car park with a 3 hour limit. She managed to stay for 3 hours and 11 minutes.

 

1 Date of the infringement
31/07/2021
 
 2 Date on the NTK [this must have been received within 14 days from the 'offence' date]
04/08/2021
 
3 Date received
09/08/2021
 
4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]
Yes
 
5 Is there any photographic evidence of the event?
Yes
 
6 Have you appealed? [Y/N?] post up your appeal]
No
 
Have you had a response? [Y/N?] post it up
N/A
 
7 Who is the parking company?
Parking Eye
 
8. Where exactly [carpark name and town]
Teanlowe – Booths, Poulton Le Fylde
 
For either option, does it say which appeals body they operate under.
BPA
 

 

Parking eye 001.pdf

[Robert63]

The saga continues, About a week ago my received a final demand from DCBL which we duly ignored, then on Saturday we get a claim form through the post.

 

Final a.pdf Claim a.pdf

 

I've just read over the Final notice and The claim form again and it seems that my wife has received 2 invoices from parking eyes for the same place but 2 different times., and the claim form is for the second time. I'll have to go over everything again once I get home tonight. 

[Robert63]

Name of the Claimant :Parking Eye

 

Claimants Solicitors: none

 

Date of issue – 23/01/23

 

Date for AOS -10/02/23

 

Date to submit Defence - 24/02/23

 

What is the claim for – 

 

1. Claim for monies outstanding from the defendant in relation to a Parking Charge (ref number abcdefgh/ijklmon) issued on 30/09/22.

 

2. The signage clearly displayed throughout Teanlowe - Booths Poulton-le Fylde, FY6 7DF states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including max stay period, by which it it agree to be bound ( The contract).

 

3. ParkingEye's ANPR system captured vehicle aaooaaa entering and leaving the site on 26/09/2022, and overstaying the max stay period.

 

4. Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breech

 

What is the value of the claim?

 

Amount Claimed £100.00

court fees             £35.00

legal rep fees       £50.00

Total Amount       £185.00

 

 

 

 

Claim a..pdf

[Robert63]

I'm not sure what letters my wife has received, I'll check tonight once I get home.

[Robert63]

Well it looks like my wife has gotten 2 PCN's for the same place, she just ignored the letter's for the second one ( like I'd told her to do ).

 

• 
   

1 Date of the infringement
28/09/2022
 
 2 Date on the NTK [this must have been received within 14 days from the 'offence' date]
03/11/2022
 
3 Date received
unsure
 
4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]
yes
 
5 Is there any photographic evidence of the event?
no
 
6 Have you appealed? [Y/N?] post up your appeal]
No
 
Have you had a response? [Y/N?] post it up
n/a
 
7 Who is the parking company?
Parking Eye
 
8. Where exactly [carpark name and town]
Teanlowe – Booths, Poulton Le Fylde
 
For either option, does it say which appeals body they operate under.
BPA

 

And then the reminder. 

 

RE-PCN 13-51 26-9-22 - 2022-11-03 PE 29 days passed keeper liability now + 2022-09-30 PCN Reminder.pdf

[Robert63]

FTMDave I'll do a double check on the paperwork once I get home, in case I've messed it up.

[Robert63]

Here we go again guys but with the proper information. ( My fault sorry ).

 

 

1 Date of the infringement 26/09/22

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date 30/09/22
 
3 Date received unsure
 
4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] yes
 
5 Is there any photographic evidence of the event? Yes
 
6 Have you appealed? [Y/N?] post up your appeal] No
 
Have you had a response? [Y/N?] post it up n/a
 
7 Who is the parking company? Parking Eye
 
8. Where exactly [carpark name and town] Teanlowe – Booths, Poulton Le Fylde
 
For either option, does it say which appeals body they operate under. BPA

 

 

Second letter dated 09/10/22

Third letter dated 03/11/22

Then Letter before claim dated 18/11/22

 

20220-11-18 PE Letter Of Claim.pdf 2022-09-30 PE PCN 26-06-2022.pdf

[Robert63]

The reminder

 

 

 

2022-09-30 PCN Reminder.pdf

[Robert63]

Back of original PCN.

0359D00E-6B32-4917-8D49-DC72EB4F7A99.pdf

[Robert63]

And yet another begging letter.

 

 

 

 

I sent Parking Eye a CPR31.14 request 2 weeks ago and this seems to be their reply. This was all the envelope contained. The back was blank. 

 

 

 

2023-02-09 PE recently sent LOC.pdf 2023-02-09 DCBL Final letter of Debt Recovery.pdf

[Robert63]

I used the SAR template. I'll write to them again. 

[Robert63]

It was a CPR 31.14 request.

[Robert63]

Hopefully it'll sort itself out.

Any how, it's time to put in the defence, 

 

This is what I'm going to put.

 

The Defendant contends that the particulars of the claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.       The Defendant is the recorded keeper of the vehicle.

 

2.       It is denied that the Defendant entered into a contract with the Claimant.

 

3.       As held by the Upper tax Tribunal in Vehicle Control Services v HMRC (2012) UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the defendant on its own account, as the car-park is owned by and the terms of entry set by the landowners. Accordingly it is denied that the claimant has the authority to bring this claim.

 

4.       I any case it is denied that the Defendant broke the terms of the contract with the claimant.

 

5.       The Claimant is attempting double recovery by adding an additional sum not included in the original contract.

 

6.       The Particulars is denied in its entirety. It is denied that the Claimant is entitled to any relief claimed or any relief at all.

 

I'm not sure about point 5, as they are trying to claim for legal expenses but appear to be representing themselves.  

[Robert63]

All changed and ready to go.

[Robert63]

Defence sent last night and received this morning. 

[Robert63]

we've just received ParkingEye's witness statement and N180.

I'm going to ignore their N180.

I'll get the witness statement scanned and put it up later. 

[Robert63]

Witness statement from Parkingeye the first few pages are Beavis.

Parkingeye Witness Statement.pdf

[Robert63]

This mornings MCOL Status.

MCOL Status 22032023.pdf

[Robert63]

I've just checked MCOL and the status is the same as yesterday.

[Robert63]

My wife has now received a badly photocopied DQ Form N180 from the court. The only thing we’re having a problem with is the reason that the case should not be heard without a hearing.  Any pointers ? 
 

Also they haven’t attached Parking Eyes defence.

[Robert63]

Mcol says: case stay lifted on 20/04/2023

                     DQ sent to you on 20/04/2023

                     DQ filed by claimant on 20/04/2023

[Robert63]

N180’s posted with proof of postage.

[Robert63]

I posted my wife's N180 on the 28th April but there is nothing on MCOL to say that it has been received.

Should I get my wife to call them? 

 

Edited May 10, 2023 by Robert63
misspelling of word

[Robert63]

I think it was May 5th.

[Robert63]

MCOL has been updated at last, Case being transferred to our local court.