razor_2uk
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Everything posted by razor_2uk
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I had to submit as above anyhow would the judge not question why i didnt bother to mediation or have any contact with PE
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So here is my draught copy of my WS In the County Court at Liverpool Claim Number ######## Parkingeye LTD – Claimant Miss – Defendant Witness Statement 1. I do not believe that Parkingeye LTD have the authority assigned to them by the landowner to enter into contracts with the public and to make civil claims in their own name because they have failed to produce sight of this contract either in response to a CPR 31:14 request for documents nor in their evidence bundle. 2. I believe Parkingeye LTD lack planning permission for their signage and they are in breach of the 2007 Town and Country Planning Act and this is a criminal offence. It is not possible to enter into a criminal compact so there can be no breach of contract. “LPAs consider parking signs each smaller than 0.3sqm in area as having ‘deemed consent’, and signs exceeding this size as not having deemed consent but requiring ‘express consent’ under Class 2, Schedule 3 of the Town and Country (Control of Advertisements) (England) Regulations 2007 (or the Welsh equivalent, the 1992 Regs).” 3, In any case Signage inside the car park is not visible from the car as it is hidden behind bushes and you would only see that a sign is there after parking given the height and small size of it compared to the location. Other signs around the car park are not visible at all as they are all facing inward towards the building not allowing people to see them. See pictures 1,3,4 and 5 attached also the terms and conditions on the signage is so small you cannot read it. 4, The Claimant has failed to establish keeper liability so there is no cause for action against the keeper. They have also failed to identify the driver at the time and cannot assume that they are one and the same. 5. The signage in picture 2 is the sign as you enter the premises and does not mention any conditions nor does it provide any charges for breaching the offered terms. 6. There was no breach of contract so no money can be owed 7. signage is prohibitive and thus isn't a genuine offer to park so any charge would be an unlawful penalty This statement is true to the best of my knowledge and belief. Signed Dated 25/02/2019
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they didnt supply the contract with landowners no. i am just trying to get my WS together to post a draft here
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Well today I have received PE evidence they intended to use in court. All 27 pages of it. its just what letters they have sent to me and a map of what signs are where. no mentioning of the planning permission or permits I asked to see when I sent the cpr off. I have noticed on PE evidence it states all signs are clearly visible, readable, ample and I should be able to read them even when driving between 5-10mph. My pictures say otherwise. I am going to give the court a call on the 16th to see if it has been paid. If it has I am going to need a little bit of help getting my evidence together properly and advice on what to put in it
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So i filled the n180 in sent off as advised and have now received my court date for liverpool court. It says i have until the 1st march to file all my evidence and send it to the court and PE It also says they have until 4:00pm on the 15 feb to pay the £25 trial fee or it will be struck out. I am wondering if it is worth me sending my evidence in asap in the hope PE look at it and decide it wont be worth pursuing it any more and dont pay the £25 trail fee therefore getting it struck out
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Thanks I got my ticket in a hotel patron only carpark and after reading this, it may be an idea to go at them with this approach rather than i didnt read or take notice of the signs
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I have been trying to read other threads and i have asked a few questions but they all seem to go quite at certain points with no more information on them. Point me in the right direction and i will read it and wont have to keep asking
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Ok so just received my n180
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Parking Eye PCN trespass? - Cedar Court Hotel, Bradford - Page 2 - Private Land Parking Enforcement - Consumer Action Group Any updates on whats happened since June?
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Any update on what happened I am upto post #46 in my process and just trying to get as much information to help me out
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It says defence filed on the 8/10 I don’t recall getting a letter from the court about anything. Just this latest one that is a photocopy of a generic directions questionnaire that arrived on the 3/11 Like I say, I have not received anything else. After reading this last letter I think I just wait for a court date or an offer for mediation from the court
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We received a letter on the 3rd (they only had till the 5th) saying they are going to carry on with the court proceedings and are open to mediation It didnt give us any more information of what happens now or if they want us to do something else. Is there something I should do now or do we wait for another l court date?
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Just out of curiosity, how long does it usually take them to do something else
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So what happens now
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I had to tick the boxes on the court letter and fill in the evidence box what defence i am using Then take a picture of it and email it over to the court I used the 2 that is posted earlier on in this thread
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well what a nightmare that was I tried to log into mcol to submitt my defence it just wouldnt let me on, I have been trying since 1:30am, I reset my password and even called the helpline to be told I had to fill it in on the court papers I was sent and post it to the court. Bit hard when its now 3:50 on the deadline day. I managed to email it over as an attatchment but it was 4:03 by the time I got it sent I just hope they take it into account that i did try everything in my power to get it sorted
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I thought this was the next step And I don’t know what a DQ n180 is
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I am not going to add that into my WS only upto the date, that was just added on to the end of my post for here I will get rid of the top bit too quick question as well will my Mrs. whos the registered keeper have to go to court or can I as the driver
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In the matter of Parkingeye LTD (Claimant) v ******** (defendant) Claim no: Witness statement of Ms *******, defendant I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience. In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise. 1. The Claimant has failed to establish keeper liability so there is no cause for action against the keeper. They have also failed to identify the driver at the time and cannot assume that they are one and the same. 2. The Defendant does not believe the Claimant has locus standi as the Claimant has failed to produce evidence of a contract with the landowner that gives them the authority to enter into contract with the pubic and to make civil claims in their own name by way of a CPR 31.14 request on the 05/19/18. 3. The Claimant has also failed to produce evidence of proof of planning permission granted for signage under the Town and Country Planning Act 2007. Therefore, the Defendant believes that the signs are placed illegally and so the Defendant cannot be held to a contract with the Claimant. 4. Signage inside the car park is not visible from the car as it is hidden behind bushes and you would only see that a sign is there after parking given the height and small size of it compared to the location. Other signs around the car park are not visible at all as they are all facing inward towards the building not allowing people to see them. See pictures 1,3,4 and 5 attached also the terms and conditions on the signage is so small you cannot read it. 5. The signage in picture 2 is the sign as you enter the premises and does not mention any conditions nor does it provide any charges for breaching the offered terms. 6. There was no breach of contract so no money can be owed 7. signage is prohibitive and thus isn't a genuine offer to park so any charge would be an unlawful penalty This statement is true to the best of my knowledge and belief. Signed Dated 03/10/2018 sorry about the un legal terms I don't know they use but this is what I have got upto now If it goes to court and they produce any evidence of what I have asked for I will ask for it to be dissallowed
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Ok guys i am going to start writing up my evidence so i can have it all ready to send in on Friday. Anyone have a template or a sample of what i should be writing Thanks
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Would i not just be able to send the evidence i have ie, the signs all turned around facing buildings inches away, hiden behind bushes ect.. and say I didn’t know about the “contract” as there was nothing stating it either in the carpark or inside the hotel restaurant/bar
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Sorry, yes i done that but haven’t had a reply yet
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Whats cpr?
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Could you point me in the direction of sorting all the evidence out and where/when to submit it I literally have no clue what to do next
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