other Parking Eye taking me to court - ***PE Dropped Case Before Hearing***

[ericsbrother]

no, you are not screwed, they have to prove that you read and accepted their contract so if you didnt get out of the car then you cant have entered a contract as you didnt stay. If you dont accept a unilateral contract there is no breach. Any claim to the contrary makes it an unfair contract in the first place a bit like saying "if you read this notice you owe me £100"

[raydetinu]

Could be an early breakfast?

[blueda]

no, you are not screwed, they have to prove that you read and accepted their contract so if you didnt get out of the car then you cant have entered a contract as you didnt stay. If you dont accept a unilateral contract there is no breach. Any claim to the contrary makes it an unfair contract in the first place a bit like saying "if you read this notice you owe me £100"

So it is difficult for ParkingEye to prove breach of content if the pursued knows how to answer their claim.

[DragonFly1967]

So it is difficult for ParkingEye to prove breach of content if the pursued knows how to answer their claim.

 

Almost impossible I'd say. Once you know the system, and if you're prepared to play, they've had it.

[sam clark]

oh definitely "prepared to play" LOL......just want to play a game I know that i can win! Well im sending off my request today, to have it struck out as they havent supplied either the proof of their right to act on behalf of H/Inn, OR the footage I asked for. hope Im doing the right thing.

[blueda]

Keep us informed Sam, Im challenging them about parking in a Scottish Aldi car park.

[sam clark]

well the court have sent back my n244 as apparently they want me to pay £155 to have the case struck out? I dont have that amount to spare or to throw at this ridiculous farce so have had to give up

[DragonFly1967]

Never give up, it just means that you'll have to beat them in court instead. It's not as hard as ParkingLie would have you believe from the 'cases' they post on their website.

 

9 times out of 10, a properly defended case will beat them without too much of a problem.

[sam clark]

thanks dragonfly........I intend to battle it to the last in court, but whether I what you would actually call "properly defending it" I have no idea, so I hope that my naievity doesn't

lose the case for me

[ericsbrother]

Just make sure that you ask for the claim to be struck out on the grounds that there is no basis for claim and PE failure to provide evidence of locus standi by way of CPR 31.14 response. If you make this the first thing you say then PE will be in a pickle.

[sam clark]

thanks erics brother. cheaper than £155 as well:smile: this is own witness statement that im about to send to court and claimant pre court appearance..... have i included all the relevant legalese I need? Don't want this to go wrong!

 

I arrived at the car park of the Holiday Inn, Taunton on August 15th 2014 at approximately 06.55 to collect my friend Miss B....,and her dog.

I sat in my vehicle registration number xxxxxx while she put her dog in the vehicle and then we left immediately.

Neither of us noted any signs saying we could not do this.

We spent the day travelling in the vehicle xxxxxto Wales (see toll crossing voucher enclosed page 6) where we exhibited at Welsh kennel Club Show (see evidence of our attendance on pages 2 and 3) and the vehicle xxxxxx was in Wales all day until approx 19.40 when I dropped my friend miss x back at the carpark for her partner to collect her again.

The vehicle was not left or unattended for any period of time, as alleged by the claimant.

I have requested evidence of the allegation from the claimant(see page 1 and 1a) but none was received.

I believe the facts stated in this witness statement are true

Edited March 13, 2015 by sam clark

[ericsbrother]

You could use the wording "strict proof" for evidence and PE will know what level of evidence they are supposed to have provided. The courts will apply a higher threshold of proof and PE will look stupid.

Also, do they mention the Beavis case in their evidence? If so make sure that you bring that up as being under appeal and PE not mentioning that is something their lawyers can lose their registration for.

[sam clark]

well, their evidence bundle has arrived so it looks like it really is going to court. have to say im surprised! there's nearly 100 pages of waffle, photos of carparks etc (not with me in it i hasten to add!) and also a copy of parking eye v Beavis and Wardley. so you were right about that ericsbrother plus pages of a court case parkingeye v somerfield stores.....bit odd that one, plus Pages of a copy of an appeal from the upper tribunal (tax and chancery dept).....again I have no idea what that is about? any one else had all this in an evidence bundle? beginning to wish id just paid it now instead of listening to all those people who told me not to as they would never take it to court for a mere £100 :(

Edited March 19, 2015 by sam clark

[Cardiff Devil]

PE v Beavis I believe hasn't been ruled on yet, so that won't be relevant. PE v Somerfield isn't anything related to parking itself, it's when PE sued Somerfield for terminating their contract I believe. I'm sure any sensible County Court Judge will take one look at that pile and drop it straight into the bin.

 

Have PE actually provided any proof that you were ever there at all?

 

No judge in his right mind would rule that someone can't drive onto the site of a hotel to pick up and drop off passengers without having to buy a parking ticket? What about taxi drivers? I'm sure they don't get booked for £100 a time...

 

Don't be tempted to cave in and pay up now. This is how their scheme works, they're bombarding you with irrelevant legal paperwork trying to frighten you into paying up and it's having the desired effect since it's gotten you wavering. You have a cast iron defence in the form of the witness statement that categorically states that you weren't there all day. That alone will sink any claim they might have.

 

Stay strong.

[SabreSheep]

Also use the Genuine Pre estimate of loss argument.

 

Its a penalty and therefore unenforceable in law.

 

Look to toehr won threads here and also parking prankster for aid with your witness statement.

[DragonFly1967]

So if ParkingLie have included the Beavis case in their 'evidence', have they also pointed out that it's subject to, and awaiting a ruling from the court of appeal?

 

 

If they haven't, that's more than enough, all on its own, to dump their solicitor into very hot water indeed.

[ericsbrother]

Make sure that the judge is made aware that PE are continuing to abuse the process by quoting PEv Beavis when they know very well that it is still the subject of a higher court appeal. As said, that could get their solicitor sent down for contempt so make sure it is the first thing you raise, if possible before anyone from PE opens their mouths.

[sam clark]

I understand the beavis v PE case appeal was heard in march but cant seem to find out what the end verdict was....does anyone know yet?

[martin g]

Ruling delayed until (probably) mid April.

 

 

See the Parking Prankster blog for all ParkingEye topics.

[sam clark]

id like to thank each and every one of you who took time out to post on here and offer help. Today , just 5 days before the court date, I had a letter saying that parking eye now consider the matter closed. the court date is cancelled. I AM surprised as i really thought id be seeing them in court next week, but goes to show all their tactics are based on intimidating people, and that if you stand up to them then the will back down. Im now going to look into getting back my costs for all the postage and printing ive had to do, and hours ive put to it, but i wont hold my breath!

[SabreSheep]

Make sure you get it from the court that the case is discontinued

 

It could be a trick to try and get a judgement in your absence

[sam clark]

OMG I NEVER thought of that!!!!!!

[SabreSheep]

Let us know what the court says

[Cardiff Devil]

This, 100%

 

Some parking companies have been known to try and dissuade people from attending by contacting the defendant and telling them that they've discontinued the case. They then turn up to court, persuade the judge that the other person couldn't be bothered to show up and getting a default judgement. These underhanded tactics are just about the only way they can win a case.

 

The fact that Parking Lie have written to you instead of telephoning means that they're probably not trying to trick you, but still call the court anyway just to check. If they haven't received any notice of discontinuance by the day before the hearing was due to take place, it may be worth going along anyway, with the letter from PE in hand to show the judge. He'd rightly tear them a new orifice for trying something like that

 

Good result though, glad you stuck to your guns.

[DragonFly1967]

Tear them a new one, and also probably award your costs. Which would of course cost ParkingLie even more money

 

 

As others have said, check with, and until you hear it from the court, be prepared to show up at court at the appointed time.