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ParkingEye lose in court again - Failed in Wales
bargepole
Posts: 3,231
Forumite
Rhyl County Court
District Judge Thomas
Thursday 30/01/2014
3JD02420 ParkingEye v Howe
This was a defendant I'd helped all through the process.
He was being pursued as the RK, for an incident where his partner parked in a hotel car park, but in a separate section where there was no PE signage. She had gone to the hotel reception, and been advised that it was OK to park there. She submitted her own witness statement to that effect, backed up with photographs, in support of the defence.
PE squirmed a lot and tried to say that it was all one car park, that there were lots of signs and so on, but the Judge said that she had done everything that could reasonably be expected of her to check that she was validly parked.
The Judge dismissed the claim on that basis, without going into the usual arguments about lack of standing or GPEOL.
District Judge Thomas
Thursday 30/01/2014
3JD02420 ParkingEye v Howe
This was a defendant I'd helped all through the process.
He was being pursued as the RK, for an incident where his partner parked in a hotel car park, but in a separate section where there was no PE signage. She had gone to the hotel reception, and been advised that it was OK to park there. She submitted her own witness statement to that effect, backed up with photographs, in support of the defence.
PE squirmed a lot and tried to say that it was all one car park, that there were lots of signs and so on, but the Judge said that she had done everything that could reasonably be expected of her to check that she was validly parked.
The Judge dismissed the claim on that basis, without going into the usual arguments about lack of standing or GPEOL.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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Comments
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So what was not vexatious about that Parking Eye claim??Got a ticket from ParkingEye? Seek advice by clicking here: Private Parking forum on MoneySavingExpert.:j0
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As it was in welsh its only right its bilingual:
Llys Sirol y Rhyl
Barnwr Rhanbarth Thomas
Dydd Iau 30/01/2014
3JD02420 ParkingEye v Howe
Roedd hwn diffynnydd oeddwn wedi helpu pob drwy'r broses.
Roedd yn cael ei ddilyn fel RK, am ddigwyddiad lle'r oedd ei bartner parcio mewn maes parcio gwesty, ond mewn adran ar wahân lle nad oedd unrhyw arwyddion Addysg Gorfforol. Roedd hi wedi mynd i'r dderbynfa gwesty, ac wedi dweud ei bod yn iawn i barcio yno. Mae hi'n cyflwyno ei datganiad tyst ei hun i'r perwyl hwnnw, a gefnogir i fyny gyda ffotograffau, i gefnogi'r amddiffyniad.
Squirmed Addysg Gorfforol llawer ac yn ceisio dweud ei fod i gyd yn un maes parcio, bod llawer o arwyddion ac yn y blaen, ond dywedodd y Barnwr ei bod wedi gwneud popeth y gellid yn rhesymol ei ddisgwyl iddi wirio ei bod yn parcio yn ddilys.
Y Barnwr yn gwrthod y cais ar y sail honno, heb fynd i mewn i'r dadleuon arferol am ddiffyg sefydlog neu GPEOLProud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0 -
It does make you wonder why they press ahead when they must know they are wrong!
Racheal is not doing her CV much good is she!0 -
Would it be any use for a defendant who Parking Eye were claiming against to include this judgement in their 'bundle' even if it does not mirror their case but to show how vexatious Parking Eye can be and so sway, or help to sway, any particular Judge??Got a ticket from ParkingEye? Seek advice by clicking here: Private Parking forum on MoneySavingExpert.:j0
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But Parking eye are not actually being vexatious no matter what we like to thinkProud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0
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I can think of quite a few words that PE actually ARE being !!!
but its a public forum and kids are watching0 -
So, do we know the last time when Parking Eye actually won a court claim?All that is necessary for the triumph of evil is that good men do nothing. Edmund Burke Irish orator, philosopher, & politician (1729 - 1797).0
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I was able to turn the tables against Glasgow City Council and at the Scottish Parking Adjudicator got them to agree (having had my appeal denuded when 2 weeks before the hearing they withdrew) I insisted their pursuit was vexatious as all facts were disclosed to them in my original informal appeal and their continuance was brinkmanship to see who caved in first
They did - but now with no case to adjudge I argued they were abusing the process and wanted £180 in costs. A second hearing was scheduled for costs and the Adjudicator reduced my claim to £100, but ordered them to pay.
I got my cheque 30 days later.0 -
SevenTowers wrote: »So, do we know the last time when Parking Eye actually won a court claim?
Well they are in court most days of the week at the moment, so you dont know do youProud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0 -
kirkbyinfurnesslad wrote: »Well they are in court most days of the week at the moment, so you dont know do you
Quite a few going on every week from what the Prankster has highlighted.
http://parking-prankster.blogspot.co.uk/2014/01/parkingeye-court-wins-dip-to-62.html
December won 30 lost 16. Assuming costs to P.E of the reported £250 and high awards of £300 that would mean
Costs £11,500 Won £9,0000
This discussion has been closed.
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