Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Mrnick74
    • By Mrnick74 5th May 17, 10:23 PM
    • 23Posts
    • 13Thanks
    Mrnick74
    Court in 2 weeks
    • #1
    • 5th May 17, 10:23 PM
    Court in 2 weeks 5th May 17 at 10:23 PM
    I probably haven't handled this terribly well (ignored it for 3 years - actually it went strangely quiet until Parking Eye vs Beavis!) but now I get a day in court...

    I've just received a sheaf of 'evidence' (from BW Legal acting for Excel) that has been submitted to court (which I would link but I can't as new forum user).

    I'm no lawyer but it's got more than a few holes in it so I'll have a go at making a case and if the judge decides I do in fact owe these cowboys THREE HUNDRED QUID so be it I guess

    My main question at this stage is whether I should I submit a written defence or just verbally on the day? I'd probably prefer to do the latter but not sure what the protocol is?


    This is the only correspondence I've ever sent, relatively recently dated 07/02/2017:



    Dear Sir or Madam

    Please be advised that I will be defending this case.

    In your correspondence you have kindly brought to my attention the case of Parking Eye Limited vs Beavis [2015] UKSC 67 in which the Supreme Court held that parking charges serve a legitimate commercial interest, specifically to efficiently manage the car park for the benefit of the generality of users of the retail outlets. Given that I was patronising a restaurant served by the car park, that there is no ‘P & D Expiry’ entered on the ticket and I am able to evidence that I returned to my vehicle within an acceptable grace period as required by the IPC Code of Practice I shall contend that the circumstances of this case do not justify either the initial penalty of £100 or the escalating costs pursued.

    Furthermore, the case law deriving from UKSC 67 did not exist in February 2014 which is presumably why you have not brought a case until June 2016, 2 years and 4 months after the alleged incident. I have submitted a Freedom of Information Request to HM Courts & Tribunals Service for details of cases brought before the courts since the ruling of the Supreme Court in November 2015 in order to demonstrate an unscrupulous opportunism to pursue historic Parking Charge Notices where the particulars of the case have so little in common with UKSC 67 as to make reliance on that case irrelevant.

    I wish to note also that my surname has been consistently misspelled on all correspondence meaning that it is likely I have not received all communication on this matter.

    Regards
Page 4
    • Loadsofchildren123
    • By Loadsofchildren123 22nd May 17, 11:31 AM
    • 866 Posts
    • 1,459 Thanks
    Loadsofchildren123
    Karma caught up with me too, funny isn't it? Although mine was less dramatic.
    On the day of my hearing (PPC withdrew the day before) I still took the day off work and went to treat myself. I parked up and put my coins in the machine. I pressed the green button just as my last 10p was spat out, leaving me 10p short of the 3 hours I'd paid for and having overpaid by £1.40, and in return I got just one hour....
    • Umkomaas
    • By Umkomaas 22nd May 17, 11:48 AM
    • 13,161 Posts
    • 20,563 Thanks
    Umkomaas
    Put your smallest denominations in first then if it's going to not recognise can work out less costly.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Mrnick74
    • By Mrnick74 10th Jun 17, 2:34 PM
    • 23 Posts
    • 13 Thanks
    Mrnick74
    Deputy District Judge Crossley. W

    Won any more lately?
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,830Posts Today

5,143Users online

Martin's Twitter