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Parking Eye vs MadMartAgyn

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  • Parking Eye vs MadMartAgyn

    Received a claim? Yes/No: Yes
    Issue Date: 07/08/2017
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed: £175
    Claimant’s Name: ParkingEye Ltd
    Solicitors Firm: Rosanna Breaks ?
    Original Creditor: ParkingEye Ltd
    Original Debt (eg. Credit card/Loan/Overdraft) : Car Park overstay charge
    Particulars of Claim: Please type out in full excluding names/account numbers: It's very long, so if you really need it let me know. The gist of it is;

    Parking on private land in breach of the terms and conditions. Automatic number plate recognition, etc. and so on.
    It is a ParkingEye car park in Ormskirk, with a 1 hour free slot.

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
    List any letters you have sent (eg: CCA/ CPR ): None
    Any Other Information or Background Details:

    It is a 1 hour free car park in Ormskirk. The driver parked at 13:40 and went with my son to the hairdresser's. Unfortunately, they were delayed in the hairdresser's, so they didn't leave the car park until just over an hour later. Therefore they overstayed their welcome by a few minutes.

    £100 for a few minutes! Really?
    Last edited by MadMartAgyn; 18th August 2017, 20:04:PM.
    Tags: None

  • #2
    Re: Parking Eye vs MadMartAgyn

    So did you park at 13:40 or did you just pass the camera at 13:40, ie you were moving and not parking.

    Comment


    • #3
      Re: Parking Eye vs MadMartAgyn

      Interesting point Ostell.

      Thanks
      M
      Last edited by MadMartAgyn; 18th August 2017, 19:59:PM.

      Comment


      • #4
        Re: Parking Eye vs MadMartAgyn

        Don't say who was driving, edit to remove the hints. The driver...... is sufficient. And post#3 doesn't help at all if PE read this so do it soon.

        Tight but you should be allowed time to find a parking space, read the rules and agree to parking. The BPA code of practise, to which PE belong, states that the must allow a minimum of a 10 minutes grace period for customers to leave.

        Comment


        • #5
          Re: Parking Eye vs MadMartAgyn

          Thanks Ostell

          I hadn't considered that they might be monitoring this forum, but it makes sense.

          So what is my next step? I've received a Court Claim, submitted the AOS, how do I go about presenting that defence? I didn't know about the 10 minutes grace to leave, and it would definitely have taken me more than 3 minutes to find a parking space in that car park, let alone read the rules, plus 1 to 2 minutes to leave, should be more than enough.

          Thanks again
          M

          Comment


          • #6
            Re: Parking Eye vs MadMartAgyn

            You start preparing your defence, needs to be in before 33 days from date of issue of the claim form., You will need to find the BPA code of practise to quote the grace periods. Look for private parking defences on here, MSE and pepipoo. query the signs the contract, the failure to adhere to their code of practise.

            Comment


            • #7
              Re: Parking Eye vs MadMartAgyn

              Hi Ostell

              been on holiday and just got back, so I'm back on this now. I'm looking for defences and will put something together, but what happens if I lose? Will I be liable for more than the £175?

              Thanks
              M

              Comment


              • #8
                Re: Parking Eye vs MadMartAgyn

                Hi Ostell

                I put together a defence using someone else's as a template - they had the same main issues as me (bad signage and not taking the grace period into account). Today I received a photocopy of a "Small Claims allocation questionnaire" filled out by ParkingEye saying that they agree to the case being referred to the Small Claims Mediation Service. Have they sent this to me or the Court? I've logged into the moneyclaim website, and this document isn't on there ...

                What is my next step?

                Thanks
                M

                Comment

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