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Parking Eye Vs Barry Beavis & Martin Wardley

Hi all,

I recently appealed a parking charge notice, and as expected have received an unsuccessful appeal letter and POPLA number.

Less expected however is Parking Eye's dismissal of my claim that the parking charge pre-estimation amount is extravagant/unfair/unreasonable. The letter goes on to reference a court hearing of Parking Eye Vs Barry Beavis & Martin Wardley (presided over by HHJ Moleny QC) that found that £85 could not be considered an unenforceable penalty.

The letter continues on with extracts of the judgement and an FAQ that includes rebuttals to formation of contracts, and appropriate signage. Is this simply a scare tactic that I should dismiss and proceed with my POPLA appeal (based on the templates found on this forum) or should I be more concerned?

Thanks for the help.
«13

Comments

  • Dee140157
    Dee140157 Posts: 2,864
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    If you look at post 3 of the newbie thread there is a link for how to win at POPLA. In amongst these examples are the very words needed to rebut the Beavis case at POPLA. We have been using them for some months now. So no not expected.

    Continue to proceed as per the newbie thread.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • ampersand
    ampersand Posts: 9,555
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    ......all as usual, excassari.

    Changes nothing.

    They are clinging to Beavis/Wardley,[Judge Moloney, Cambridge]while these go to Appeal. It's the only hint of a glimmer they've had since Methuselah was born.

    Ignore their junk. Instead use your time profitably by reading the Newbies Thread and POPLA advice as you yourself have sensibly realised.

    Check your POPLA code validity first:
    http://parking-prankster.blogspot.co.uk/2014/01/popla-code-checker.html

    All the experts here will cast an eye over your POPLA Appeal when you're ready.
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  • Thanks for the quick replies guys. Much appreciated.
  • Just returned from Derby county court where my girlfriend lost the case against Parking eye thiefs ,the judge found in their favour despite our defence listing tens of cases they have lost for various reasons most very recently.It appeared we had lost the case before we had walked in,it seemed the judge had made his mind up on the back of this case you have quoted and would appear that however much evidence you put in front of him he couldnt over ride or reconsider this judgement.On a more positive note visit a site called CHALLENGE THE FINE a young lawyer plans to get enough support to go to the high court with realistic sensible legal argument to have all the charges dropped and claimed back in a mis sold PPI type crusade,but as usual the lawyers will benefit either way.
  • Half_way
    Half_way Posts: 7,029
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    A little more informaiton on the case etc would be of use, and it may also be worth noting the car park in which parking eye were/are infested where your original parking charge was generated.
    theres always the option of an appeal as well.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    edited 28 November 2014 at 1:37PM
    deflated wrote: »
    Just returned from Derby county court where my girlfriend lost the case against Parking eye thiefs ,the judge found in their favour despite our defence listing tens of cases they have lost for various reasons most very recently.It appeared we had lost the case before we had walked in,it seemed the judge had made his mind up on the back of this case you have quoted and would appear that however much evidence you put in front of him he couldnt over ride or reconsider this judgement.On a more positive note visit a site called CHALLENGE THE FINE a young lawyer plans to get enough support to go to the high court with realistic sensible legal argument to have all the charges dropped and claimed back in a mis sold PPI type crusade,but as usual the lawyers will benefit either way.

    Hmmmm - oh dear, sounds like she was a lamb to the slaughter. Your girlfriend seems to have gone along WITHOUT the knowledge and argument that the Beavis case is set for the Court of Appeal and so she could have argued that her case should have been stayed, pending that decision?

    If you don't research how to beat PE you can't win unless you really strike lucky with a clued up Judge.

    Did you research it here or anywhere first on any forum? We could have helped her possibly even avoid the hearing - many cases are being stayed before hearings when the defendant asks. Did you even look into (just simply Google) the Beavis case seeing as that was what PE were hanging their hat on?

    Did the Judge know the Beavis case was going to the COA?

    Did the LPC rep for PE tell the court this fact?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Half_way
    Half_way Posts: 7,029
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    Im guessing that your original ticket was generated by parking eye for an overstay, going on that scenario could you state something like this:

    Parking ticket issued in at <Car park name/retail park/supermarket>
    as a result of an alleged <overstay> of <Duration>
    and so on
    Coupon mads points are valid as well, was the judge aware that the Beavis case is up at the court of appeal?
    Was he/she made fully aware of this by either the LPC representative or your self/your girlfriend?

    if you can answer this then it will be useful - also it will help us to help you on advice on the chances of an appeal so you will have to pay nothing.

    If this invovled a single supermarket/site, and I was in your situation I would be tempted to have a little protest outside with the intention of turning away as much ( if not every ) vehicle trying to enter the car park, offering advice to those you are turning away on where else to go.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    LPC are aware that the Beavis case is going to the Court of Appeal - we have proof that LPC know - acknowledged by email from them. So their reps cannot withhold such information which helps the court or even the defendant, in the interests of justice, even if it does their argument no good. A lawyer's first duty is to the Court, before their duty to their client.

    I think people should be complaining to the SRA about LPC doing this up and down the Country. Not sure if the email that was exchanged with LPC is on the Prankster's Blog or somewhere, so people can prove LPC have this knowledge yet still trot into hearings and argue that the Beavis case is King?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • There was a ParkingEye case at Derby today. Mr Proverbs didn't turn up though...
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    Interesting - how do we know Mr/Ms Proverbs didn't turn up, did a poster here trot along and see?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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