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Parking Eye Northampton County Court Notice
mrsladybird
post Sun, 20 Oct 2013 - 17:57
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Hi

I have just received a blue County Court form from Northampton County Court for £165

It relates to a 10 minute overstay at a free Parking Eye car park last December.

I googled Parking Eye at the time and followed the advice on Money Saving Experts that these were not fines etc (as they appeared to be) and that they couldn't be enforced. The advice was to ignore them and they would eventually go away....so each time I got a demand I ripped it up.

But now I have received what appears to be a genuine court letter.

From reading some posts on here it seems that I should have appealed? But that wasn't what I read at the time almost a year ago, so have I no option but to pay up?

Please can someone help with what I should do next

Many thanks
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post Sun, 20 Oct 2013 - 17:57
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emanresu
post Sun, 20 Oct 2013 - 18:02
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tage 1: Acknowledge the claim. Get help with your form here:

Guide to defending a Small Claim.

http://www.judiciary.gov.uk/JCO%2FDocument...r+web+FINAL.pdf


"Small Claims can advise you in respect of your Small Claims problem, complete your Court documents and liaise with the Court. For this service there is no charge from Small Claims."

Stage 2: Have you identified who hired them? They claim to be protecting landowner / occupier interests. Does their claim identify who's interests? It may be on the signs or it will be whomever pays the rates. Whoever hired them can cancel. It's the killer to all this. You can also contact the local planning department and ask them if there are any restrictions on parking times i.e. the retail park must offer x hours and PE have reduced it. They all seem to forget the local planning laws.

Stage 3: From the document above see Note 4 under 6.5. "The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled by agreement before the hearing date."

Under common law, the injured party (allegedly PE) has a duty to reduce their loss – i.e. an obligation to mitigate using any reasonable means at their disposal. The principle ensures that a party seeking damages will not be able to recover for a loss that could have been “reasonably avoided”.

So as well as Acknowledging, send an letter to PE requesting a POPLA code so you can have PE's claims assessed by the "Independent Adjudication Service" which is POPLA for PE. If you do this then they can no longer claim a hearing fee or solicitors costs as they could have been avoided by going to POPLA. PE rely on passing on litigation costs to the defendant so by limiting these you stand a much better chance. Also see #6 in my signature for the details of the court process - and #7 for how they got their figures.
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Jlc
post Sun, 20 Oct 2013 - 18:08
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QUOTE (mrsladybird @ Sun, 20 Oct 2013 - 18:57) *
It relates to a 10 minute overstay at a free Parking Eye car park last December.

The car park is most definitely not parking eye's. They are just the parasites that the landholder has contracted in to harass the general public.

As above, if this car park is related to a store that you are a regular customer or made a purchase on that day then you must harass them in return. Depending on who it is you might have some success in getting the case withdrawn.

10 minutes - surely should be covered by the grace period.


--------------------
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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mrsladybird
post Mon, 21 Oct 2013 - 14:08
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Thank you,

I shall follow your advice and send off the acknowledgement of service to the court and contact Popla.

I do not know who the landowner is, the letters I received I no longer have. Not that I remember them saying who the landowner is. I will contact the council to see if they can tell me.

The car park services around 5 or 6 shops in a little retail park. I did shop there but I haven't kept receipts, it was almost a year ago now :-(

As for a period of grace, they don't seem to have one :-(

thanks guys for your help, its much appreciated
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Jlc
post Mon, 21 Oct 2013 - 14:24
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POPLA won't be able to assist right now. Only the parking company can issue a code for the appeal and they won't do this short of the court ordering them to.


--------------------
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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SchoolRunMum
post Mon, 21 Oct 2013 - 15:01
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QUOTE (mrsladybird @ Mon, 21 Oct 2013 - 15:08) *
Thank you,

I shall follow your advice and send off the acknowledgement of service to the court and contact Popla.

I do not know who the landowner is, the letters I received I no longer have. Not that I remember them saying who the landowner is. I will contact the council to see if they can tell me.

The car park services around 5 or 6 shops in a little retail park. I did shop there but I haven't kept receipts, it was almost a year ago now :-(

As for a period of grace, they don't seem to have one :-(

thanks guys for your help, its much appreciated



The ticket won't have said who the landowner was. You don't need to know who the landowner is, you need to know where to write to COMPLAIN to whoever runs it.

Google the name of the retail park and look for any info about an email addy, postal address of managing agent, or facebook page to post a complaint. Also send an immediate complaint to the CEOs of the chains of Stores you shopped at. Example strong complaint rant in post #2 here, do not dumb it down when tweaking it to suit:

http://forums.pepipoo.com/index.php?showtopic=83766

Then look around other small claims threads here to see about your defence. And I mean look round at and read all the advice on DOZENS of them to learn from them!

'SpaceCowboy55' has just posted his draft defence on his thread and it's pretty detailed.

And I have just added a detailed response for 'socky' on his new thread - but that is just one of hundreds like it.

Have a good read of all the other cases to get your mindset in the frame of mind to complain and defend.

This post has been edited by SchoolRunMum: Mon, 21 Oct 2013 - 21:46
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mrsladybird
post Sun, 27 Oct 2013 - 19:49
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thank you

I will be compiling my defence this week along with writing to the the CEOs of the shops as you have suggested.

thanks again, will keep you posted

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mrsladybird
post Sun, 17 Nov 2013 - 10:31
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I submitted my court defence via email on Wed this week. It took me hours to complete and I included several different points. I wasn't sure if I had included too much detail as my submission via e email went onto 2 pages...

My 28 day deadline is tomorrow.

I was unable to find the landlord of the retail park on the internet. I did find a previous managing agent and sent them an official complaint. They responded saying they weren't the landlord but gave me a possible contact.

I also wrote to the CEO of 4 stores , and the owner of the other store (it is locally owned).

This week I had responses from 2 stores saying they weren't responsible for Parking Eye and that I would need to contact the Landlord (they did not state who the landlord is). One particular store said the signs are clearly marked and basically it was my own fault...

No response from the local store, nor one of the chains.

However yesterday I did get a response from the final store who apologised and confirmed that they had contacted Parking Eye on my behalf and that my ticket had been withdrawn. biggrin.gif They also provided me with a store voucher as a way of apology, something I would never have expected.

I also received a letter from PE yesterday confirming my ticket has been cancelled. I shall hang onto this letter !

One final letter is being written by me, one I'm happy to write this time, to the store concerned to say a massive Thank you.
It just goes to show from the different responses received, how stores opinions of their customers varies. No surprise where I'll be shopping in future, and who I will be giving a wide berth to.

I would like to say a big thank you to all at Pepipoo for the advice and time taken to help me .

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nigelbb
post Sun, 17 Nov 2013 - 11:08
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Congratulations. Well done.

Please can you let us have a few more details of the location of the car park & the name of the store that got PE off your back. This is important for other cases as both PE & retailers quite frequently claim that the charge & case cannot be cancelled once the court juggernaut starts rolling.

Also please name & shame those stores who were unhelpful.


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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SchoolRunMum
post Mon, 18 Nov 2013 - 01:57
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Well done! Socky got their case cancelled too (the one I mentioned in a previous post).

I have posted a link to your thread here to help newbies on MSE and here:

http://forums.moneysavingexpert.com/showthread.php?t=4766249

...but please do name and shame the retail park and stores who were good and bad.
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