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Parking Eye County Court
Nick Kaye
post Sun, 15 Sep 2019 - 20:11
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Hi,

Tomorrow is the last day I can afford before sending a response for a county court claim. I have been on the Moneysaving expert forum although I have always used Pepipoo in the past and prefer it. I read their sticky about reading through all the letters before doing my own letter but I just cannot get my head around it and I am genuinely stressed out about this. I am thinking of just paying. The ticket was so unfair. My original appeal (to the first ticket) explains what happened and is as follows....

"When I arrived, after a long journey on the motorway I parked up and switched off the engine. The fan was unusually
loud and would not switch off. It was a clattering sound so I stayed in the car and waited. I then paid for the parking.
On leaving I waited in the car until it warmed up as I didnt want to get on the motorway again until I knew its was
OK. I have had it checked out since at it was one of the bearings worn away causing the fan to touch the plastic as it
spun.
I visited the hotel for a meeting which only lasted an hour or so. The rest of the time I was in the car. In fact before I
left I wasnt even waiting in a parking space.
I attended and paid for parking in good faith and feel this is harsh and unfair."

They obviously ignored so I wrote to the hotel but they were not helpful either. Then I gout the court claim.

I cannot remember what the signs said, I dont live close to the incident. I am not asking for anyone to write an appeal but point me in the right direction as I find MSE quite hard to work. I cannot find appeals that are closely related to mine.

Thanks in advance

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post Sun, 15 Sep 2019 - 20:11
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Nick Kaye
post Sun, 15 Sep 2019 - 20:38
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I read this appeal that worked specifically for the park park I was issued the fine in...

May I draw your attention to the British Parking Association's (of which ParkingEye is a member) Code of Practice:

18.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.

Note the bit underlined. This means that from ANY parking space, there must be a sign visible with the parking terms. This is not the case. The four non-disabled spaces outside the front of the hotel, which is where the car was parked, have no signs which can be seen from those spaces. Go out there and check for yourself. This means
(a) that ParkingEye are in breach of the Code of Practice, which I am sure is a condition of them operating in your car park and
(b) no contract can have been entered into by a driver parking in those spaces.
Since my car was parked in one of those spaces, this therefore applies. This is a very common practice by ParkingEye, to set up deliberate "entrapment zones" like these. Further, the terms and conditions are clearly NOT "easy to see, read and understand" as, when a sign can be found, they are in very small font on signs which are at least 7 feet up a pole. Any signage inside the hotel itself is entirely irrelevant when it comes to compliance with the Code of Practice, even if it were seen. None of those signs show any kind of conditions of parking, so do not form any kind of contract or form a licence to park.

Because ParkingEye are in breach of British Parking Association's Code of Practice, that probably makes them in breach of your contract with them (which I presume insists on compliance). But it also makes them in breach of the KADOE agreement with the DVLA by which they obtain the keeper details of vehicles. Their obtaining my details from the DVLA is thus a breach of the Data Protection Act (DPA). As the contracting party, this makes you jointly liable for the DPA breach. I believe the "going rate" in court for such a breach is in the region of £250-£750.

In addition, such signage that there is has no planning permission or advertising consent, both of which are required, making the scheme not just unlawful, but illegal. I also contend that the car park has probably not been reassessed for business rates, yet someone is now operating a profit-making business on it. Does your new manager know about the illegal system being operated?

Apart from the negative effect that such a parking scheme has on the reputation your hotel, which is only going to discourage me and anyone I talk to from using your facility, you are on legally very unsound ground with the charges being claimed. Therefore you have no choice but to cancel this charge, by which I mean instructing (not requesting) ParkingEye to cancel it. Or will you continue to treat genuine customers and users of your hotel in such contempt as you have so far demonstrated?
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Jlc
post Sun, 15 Sep 2019 - 20:55
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What was the charge issued for?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Nick Kaye
post Mon, 16 Sep 2019 - 09:05
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An overstay. When I arrived I sat in the car for ages before paying for parking. I didn't realise the clock started the moment I entered. I wasn't even in a parking spot.

My cars fan wouldnt switch off and was making funny noises so I waited. I then paid for parking as normal.
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Nick Kaye
post Mon, 16 Sep 2019 - 09:37
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My county court deadline is today at 4pm. I think I am just going to pay. All too stressful for me at the moment and got a lot of work on
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The Rookie
post Mon, 16 Sep 2019 - 10:52
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What deadline?

You have 33 days from the date on the claim form to submit a defence as long as you acknowledge within 19 days.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Nick Kaye
post Mon, 16 Sep 2019 - 11:44
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My claim issue date was 12th August. I did the AOS so I have until today to file a defence

What happens if I miss the deadline?

I have re appealed to the Holiday Inn and to Parkingeye again. I dont have th forms at work with me so need to go home and get them unless I can download from anywhwere
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Jlc
post Mon, 16 Sep 2019 - 11:57
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The claimant would apply for a default judgment.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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