Parking Eye sent me a bill for parking in the street

Coupon-mad

It basically means this is an 'offer' completely aside from the court case which does not stop the claim, unless you decide to accept. YOU MUST reply to PE, unless you fancy the fight and want your expenses (and I can see why you want compensating). This is not a trick, it's an offer and they aren't asking you to pay a penny now.

If you accept it they are saying they will drop the case. They won't discontinue yet while they await your reply. So, if you want to accept it and get the case ended once and for all, do reply, heading your letter up the same as theirs, saying you will waive your expenses - and conclude it with a short deadline for them to discontinue the case and confirm they have done so.

But it's interesting...don't rush this decision...it's making me really wonder what's up!!

IMHO they are making this offer as they've spotted something that means they are going to lose and they are going to have to discontinue anyway. Quite possibly they've realised this isn't private land - it's HIGHLY unusual for them to discontinue like this and not to ask you to pay them anything - so I think they want to cut and run for some unknown reason! But they've spotted that you want to claim expenses and after all, they've been harassing you (a crime) for NEARLY TWO YEARS, so you have a case to sue them for monetary damages. In your first post in 2012 you said this lot need a 'serious wake up call' and reading between the lines, if you want to push it ahead rather than accept their 'offer', I think you can give them that!

So, the alternative is to write a 'no thanks' and restate your expenses plus a figure for the distress and harassment and see if they will pay you off.

They do seem VERY keen to get out of this one. You could send a link about your case to the Parking Prankster to look at as I think there's something going on - I think this might not be private land as you've said all along and you could succeed in getting your expenses and some damages. See what the Prankster thinks, he could blog about your case as well if you want:

http://parking-prankster.blogspot.co.uk/

HTH - do tell us what happens when you reply and I would love to see the Prankster expose this one for what it seems to be - a case they don't think they can win.

bargepole

sharealike wrote: »

It says "without prejudice as to save costs"
Just as any other man in the street I don't understand what these words really mean. ...

I think you'll find what it actually says is "without prejudice, save as to costs". This means that the letter can't be shown at a court hearing, except after the Judge has decided the case and the winning party wishes to claim costs.

If it were me, I'd estimate the time spent writing and researching everything since this started, and multiply the number of hours by £18, which is the Litigant in Person rate. Then tell PE that you will agree they can discontinue, provided they pay you that figure.

If they decline, go to court on the appointed day, and if PE turn up, show the Judge the proof that it is a public road, and get the claim dismissed. Then ask for him to award your costs as above, in light of PE's unreasonable behaviour in pursuing a case which they had no prospect whatsoever of winning. See Civil Procedure Rule 27.14 for details of this.

If they don't show up, ask the Judge to strike out the claim, and ask for a costs order as above.

sharealike

Thank you Coupon-mad and Bargepole. Much food for thought in your suggestions. I will think it over and decide next course.


Prankster has details and I sent him PE's flawed details of the ANPR system at this site. It does get you (and will be getting many more) without staying as in my case.


I responded to PE with "no thanks for your offer" some time ago. I must recover my costs. Now they send me a third near begging email asking that I agree to waive costs and get all official as if they have the right and can tell me I no longer need to attend court.


Could someone please confirm -


What is the maximum the judge could make me pay if I lost? PE emails claim they will have to get their big guns out so to speak. To date their false bill is for £85 + £50 solicitor + £15 court fee. It will have cost them another £25 for the hearing.


What is the maximum they would have to pay me if I won? Time and materials up to a limit I guess.

bargepole

sharealike wrote: »

What is the maximum the judge could make me pay if I lost? PE emails claim they will have to get their big guns out so to speak. To date their false bill is for £85 + £50 solicitor + £15 court fee. It will have cost them another £25 for the hearing.

That's it, the amount on the claim form (£150), plus the court fee (£25), a total of £175.

sharealike wrote: »

What is the maximum they would have to pay me if I won? Time and materials up to a limit I guess.

Ordinarily, the maximum you can get in small claims is compensation for loss of earnings for attending court up to £90 per day.

But, if you can show that the other side acted unreasonably, there's no limit (CPR 27.14), so bung in your claim for x hours at £18.

Coupon-mad

To encourage you to press ahead, please read this case on pepipoo where a lady has just got £200 compensation from APCOA who wanted to vacate their claim when they realised they were on a hiding to nothing - but bravely, she forced them to a hearing (where they didn't show up). She achieved it by paying for a 'strike out' which gets a hearing forced upon them and her £200 included her costs and, of course, the 'strike out' hearing fee:

http://forums.pepipoo.com/index.php?showtopic=83479&st=160&gopid=954329&#entry954329

You should read the whole thread, I think, on the basis that 'you have to speculate to accumulate' as they say!

That case is very rare and SO IS YOURS, we think. The regulars here would be pleased to help you, a few of us have been discussing your situation by email between us and it's pretty clear that PE realise they are going to lose. This normally never happens so you just need help to ensure you get your costs and compensation - you could apply for a strike out like that other poster did (and add the fee to your costs) or counter claim for your costs. It would be marvellous to force them to a hearing.

I am not personally experienced in how to force this to a hearing (apart from cases I read) but the Parking Prankster - see his blog about that APCOA case here:

http://parking-prankster.blogspot.co.uk/2014/04/apcoa-case-struck-out.html

or Bargepole (or both) can help advise you. There are similarities with your case.

sharealike

ParkingEye failed to show for the hearing in court today. I was asked by the judge if there was anyone else out there? I replied not seen anyone stand when the usher called. The judge studied their letter and confirmed that their agent from LPC Law was supposed to attend. The judge then asked if I could remind her of the time on the courts letter. 2.00 pm I replied. Well then the case is dismissed. I asked if that meant the matter was closed and finished? Judge replied it was dismissed. They could open it again at any time. I was puzzled but thought better not to enquire further. I asked for my expenses for the day to be met by PE. I also stated that PE had acted unreasonably in continuing with this case for eighteen months to then not show up. The Judge took details and prompted me for those which might be missing. I will receive a letter to this effect from the court in due course. I thanked the judge and said I would not take up any more time. I was home before 2.30.


Now I don't really think this is justice. PE are playing a game with the public and the legal system of this country.


I know it's cost PE dear in taking it to court in fees and man hours. They have not got their hands on my money. And they have effectively admitted they did not have a case. Plus my costs will have to be met but it's a drop in the ocean compared with what they are frightening people out of.

bargepole

sharealike wrote: »

... Judge replied it was dismissed. They could open it again at any time. .

Are you sure about that?

If a claim is struck out, the claimant can pay a fee and apply to have it reinstated.

If it is dismissed, that means it's been heard, and Judgment given. The only way to get it back on the table is through an appeal.

Anyway, great result, well done. Can you also confirm that this was at Huddersfield County Court, case no. 3JD11135, ParkingEye v Mr. J.S.

Coupon-mad

Could you share your claim number, Court, Judge's name, your initial (if you don't mind, or call yourself Mr X), and a copy of the Judgment when it arrives please? Means we can quote it for newbies in future - well done at last!

ColliesCarer

sharealike wrote: »

......
Now I don't really think this is justice. PE are playing a game with the public and the legal system of this country.

I know it's cost PE dear in taking it to court in fees and man hours. They have not got their hands on my money. And they have effectively admitted they did not have a case. Plus my costs will have to be met but it's a drop in the ocean compared with what they are frightening people out of.

Congratulations - I'm glad this is finally over for you.

I'm also incensed you have been treated like this and I agree wholeheartedly with your comments about the game playing.

I'm also infuriated that it appears they may well have had the gall to complain to MSE about comments about them posted on this forum when in my opinion they treat both people and the courts in such a contemptuous manner.
Sorry rant over.
Enjoy cashing your cheque

sharealike

Well I had to chase PE to confirm when they were going to pay my expenses. Just received the email from them


Mr Sharealike,

Thank you for your correspondence,

We can confirm that we have now received the General Form of Judgment or Order, and a cheque will be sent to yourself shortly.

Kind Regards,

ParkingEye Enforcement Team


You might say I sent them a bill for parking in the street!


Just the matter of them sending another bill for riding a motorcycle in one of their parks twice to sort now. Ride through once and return to stay a short while later that day. A site with two entrances. One going in only with a camera captures your rear. Another both way entrance where cameras get your front going in and your rear going out. An entrance shared with huge tall trucks coming out of the loading bay (M&S, MacD's, Home Bargains, Pets at Home and Aldi) which follow you out in queuing traffic and hide your number plate from the camera's view. There are five retailers on this site. Your vehicle goes back and forth a few times a day because other family members borrow it to shop the same day.