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County Claim form from ParkingEye
C-Sec
post Sun, 17 Jun 2018 - 13:22
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Hi All,

I received a County Claim form from ParkingEye for something that happened almost 2 years ago. I parked in The Paper Mill, Hemel Hempstead car park and had drinks with friends. I then recieved a PCN through for parking there. (They don't believe I was a customer.)

I need to urgently reply to the court form as I only just received it and time is almost up.

I just rang the pub and they asked me to email them to see if they can do anything. Expecting a reply tomorrow:



<Good Afternoon,


I'm writing in relation to a county court claim form that was forwarded to me from my old address. I have attached it, but in essence it states that a claim is being made against me for parking at your pub almost 2 years ago!

On 03/09/16, I was with three of my friends, and we were in Hemel Hempstead to view a house. The house wasn't what I was after, and so we decided to grab a drink before driving all the way back to Aylesbury. (I remember it was a really hot day.)

We googled for a nice pub, found yours and so I drove us round and parked in the car park. We went inside, bought a round of drinks and then sat upstairs on the balcony overlooking the canal.

Several months later, I received a Parking charge from Parkingeye. I explained to them that we were paying customers, and that CCTV should be available to prove this. As mentioned above, I was moving house and so heard nothing else since...I thought that had been the end of the matter...until now.

1- Why have they waited for almost 2 years, before deciding to progress this matter? Especially for such a small amount of money.
2- Why was the CCTV not checked? This would easily have cleared up the matter. I unfortunately live some 30 miles away and had no vehicle at the time.
3- I was there with 3 friends, who can all confirm that we were paying customers. I'd rather not have to get them to write statements and drag them to court as witnesses!
4- What actual losses are being claimed for by Parking Eye? How can me parking at your pub (as a customer) possibly mean me owing £100?

I have to now write a response to the above, as failing to do so will get me an automatic default/CCJ on my credit rating. (This will obviously ruin any plans I have for the near future.)

I will reply to the court stating an intention to defend this claim for the reasons mentioned above. I would however rather not have to go to court for this matter, and have to drag my friends along with me.

Could you please have a look into this and see if there's anything you can do or any advice you can give?>


Does anyone have any advice?

Should I literally put my 1,2,3,4's on the defence bit of the claim form?

Thanks - C-Sec
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post Sun, 17 Jun 2018 - 13:22
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Dave65
post Sun, 17 Jun 2018 - 13:59
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Parking Eye don`t look at CCTV, there`s no money in that for them.

Did you get a rejection from PE reference your appeal?
Did they give a POPLA code?
Did you appeal to POPLA.

The general advice is not to put anything in the defence box at all on the form.
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C-Sec
post Sun, 17 Jun 2018 - 14:19
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I moved house and don't remember getting anything from them

I only found out about this from my old estate agent who kindly got in touch.

I checked my emails and the only thing i have is from february 2017-

Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking Charge incurred on 30
August 2016 at 15:38, at Stationers Place - Paper Mill Pub/Paper Trail-Hemel Hempstead
car park.
ParkingEye has previously asked you for further evidence in relation to this Parking
Charge and gave you 28 days in which to provide this. The 28 days has now passed and
we are yet to receive any further evidence.
We are therefore writing to advise you that your recent appeal has been unsuccessful and
that you have now reached the end of our internal appeals procedure. This is because
you have not provided sufficient evidence to show that you did not break the terms and
conditions on the signage. Please also see ParkingEye’s answers to Frequently Asked
Questions below

I've done nothing with POPLA...oops!
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Jlc
post Sun, 17 Jun 2018 - 15:39
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When is the claim form dated? If you acknowledge the claim (which is considered served 5 days after that date) then you get another 14 days to defend.

What was the charge issued for? I presume staying over time or not registering your reg inside the pub.

The ‘loss’ element mostly doesn’t apply following Supreme Court ruling.

Having said that I wouldn’t pay up without a fight. Witness statements can be presented without attendance and you get to choose the court. They will have to pay a hired gun to attend which takes a large slice out of any potential winnings.

If you do not want to go as far as a hearing then you could negotiate a settlement. £50 of their claim for solicitor has not actually been incurred.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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C-Sec
post Sun, 17 Jun 2018 - 16:13
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The Claim is dated 4th June 18, so I'm in time.

Completed the online acknowledgement of service. Before I send it, there's a 'contest jurisdiction' box...I leave that blank right?

ie...Why is this going straight to a County Court and not a small claims court?

The wording is:

Particulars of Claim
Claim for monies outstanding from the defendant, in relation to a Parking Charge, issued 03/09/2016, for parking on private land in breach of the T+C's (the contract).
ParkingEye's ANPR system, monitoring Stationers Place - Paper Mill Pub/Paper
Trail-HemeJ Hempstead, Apsley, Hemel Hempstead, HP3 9RH, captured vehicle ******* entering and leaving the car park, parking without authorisation. The signage, clearly displayed at the entrance and throughout the car park, states that this is private land, is managed by ParkingEye Ltd, and authorisation is required to park, 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. The defendant was previously presented with the opportunity to take their appeal to POPLA, the independent appeals service for parking on private land, but this has not been taken.

Thanks!

"The signage, clearly displayed at the entrance"

errm....Where? https://www.google.co.uk/maps/@51.7333134,-...3312!8i6656

This post has been edited by C-Sec: Sun, 17 Jun 2018 - 21:01
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ostell
post Sun, 17 Jun 2018 - 16:19
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Unfortunately that is a 2012 photo. Can you get friends who live in hte area to go and take photos if you buy them a pint?
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C-Sec
post Sun, 17 Jun 2018 - 16:22
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I'm sure that can be arranged!
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Jlc
post Sun, 17 Jun 2018 - 17:07
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Small claims are heard in county court. There’s no dedicated small claims court.

No contesting of jurisdiction.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Redivi
post Sun, 17 Jun 2018 - 17:16
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The Small Claims court is the small claims track of the County Court
It's allocated to that track later when the defence has been received

You've left the parking notice reference in your last post
ParkingEye follows this forum and will use any information they find

The reason the parking notice was issued is that customers are required to register their vehicles at the bar
It's intended to prevent commuters using the car park for the nearby railway station

I suspect that employing ParkingEye has cost The Paper Mill a fortune in lost business from disgruntled customers
Would make a lot more sense to have a gate that isn't unlocked until 09:30

I would include in the defence the reasonable belief that ParkingEye's contract doesn't include the authority to take legal action
Tripadvisor replies say that the pub can cancel the parking notices
Flesh it out to say that it is irrelevant that the Parking Notice describes ParkingEye as the creditor or that it is the agent of an undisclosed Principal
It is claiming a legal capacity that the Principal does not intend it to have
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C-Sec
post Tue, 26 Jun 2018 - 21:16
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So I emailed the pub and got this awesome reply:


Hi,
I am sorry to hear about your experience. We and the other businesses/offices around have a shared car park operated by Parking Eye who are a subcontractor. As such we have no direct control in the process of fines, beyond the ability to get them cancelled in their early stages. However I have forwarded this along to parking eye and asked them to contact you and address your situation.
If you do not get contacted by parking eye I would be very happy to chase the matter up for you and try to ensure that they do make contact. Unfortunately whilst I can understand how extremely disruptive this situation is for you there is not much else that I can do than to pass this along to them with our assurances that you were a legitimate customer in the pub, which is what I have done.
Please do not hesitate to get in contact again when you hear back from parking eye if there is anything we can do to assist. It is obviously not our intention that our customers should face legal action for parking in this shared car park and we will support however we can.

As noted this was passed to parking eye who replied with:

We sent you a Letter Before Action, which informed you that the above Parking Charge remains outstanding and had now been processed for further action. This is because you had not appealed to POPLA within 28 days of your appeal being rejected by ParkingEye or paid the Parking Charge in full.
Please note that you are now unable to appeal to POPLA, as the time to do so has passed, and we would advise you to follow the instructions provided with the claim form, wherein you may make payment or submit a defence.
Payment can be made by telephoning our offices on 0330 555 4444, by visiting www.parkingeye.co.uk

Nice to see that they don't see 'people' or circumstances. Just ££££. It's disgusting. (Side Note, I've moved address since 2 years ago which is why I haven't had ANY documents from them.)

Any ideas with writing a defence? Going to try and draft one tomorrow...

Cheers all
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nosferatu1001
post Wed, 27 Jun 2018 - 14:45
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Yes there are loads of defences on here - have a look through. Standing, signage if it isn't up to usual standards,etc

Note to regulars x I'm on holidays for two weeks, so will not respond as often on here
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Dave65
post Wed, 27 Jun 2018 - 14:50
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Have a good holiday.

You`ll be missed.
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