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Why do we not see any threads about peoples actual court appearances?

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  • EHBA
    EHBA Posts: 88 Forumite
    bargepole wrote: »
    [PEDANT MODE] In UK English it's "different from". US English is "different than". [/PEDANT MODE]
    fold quicker than a deckchair in a gale on Blackpool beach.

    However I do have a few stalwarts who are prepared to stand up and be counted. The first of these went to court in Sheffield this week, and the claimant in this case was Excel, who are based in, er, Sheffield - they never turned up, so the claim was struck out.

    .

    Could they, should they have applied for wasted costs ?
  • dggar
    dggar Posts: 670 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    hoohoo wrote: »
    I too am helping with a shed load of PE cases and a few non-PE.

    None have yet got to court. In some cases PE have made an offer to settle which some defendants have taken up. In others, mostly a court date has not even been set yet.

    Are you able to give an indication of what sort of offer PE make?
  • dggar wrote: »
    Are you able to give an indication of what sort of offer PE make?

    Yesm normally for court fee, plus admin fee. Region of £60 is normal tbh
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • WiSC
    WiSC Posts: 26 Forumite
    Yesm normally for court fee, plus admin fee. Region of £60 is normal tbh

    Pffft! Cheeky !!!!!!s! If they make me an "offer" like that I certainly won't be accepting. Do they ever consider the time and cost to the defendant researching information on why we shouldn't be bullied by these thieves? How about I send THEM an offer for them to pay me £60 for my time and we can close the case? What would they say to that? I tell you now my claim costs will cost PE more than that so they better be damn sure they got a strong case!
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    EHBA wrote: »
    Could they, should they have applied for wasted costs ?
    They should have, but forgot to.

    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.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    One of my Parking Eye cases was in court today.

    Defendant showed up at the appointed time, no appearance from PE or their solicitors.

    Claim struck out by the Judge, defendant now applying for wasted costs order.

    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.
  • HO87
    HO87 Posts: 4,296 Forumite
    bargepole wrote: »
    One of my Parking Eye cases was in court today.

    Defendant showed up at the appointed time, no appearance from PE or their solicitors.

    Claim struck out by the Judge, defendant now applying for wasted costs order.
    @BP

    Are we keeping a tally of such instances? Given the number of cases PE are attempting to juggle at the moment this is unlikely to be an isolated occurrence if, indeed, it wasn't as a result of a matter of policy. Could it be that the "c0ck-up" is down to to PE's illustrious agents?
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • If this instance happens enough times across England and Wales, could that lead to PE being classed as vexatious litigants or having their cases being treated with a lower priority when it comes to assigning court dates?

    There's got to be something in law that the judiciary can use against claimants who file claims and don't turn up on the court date.
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    Although on their website it claims!

    *" It should be noted that every court hearing that ParkingEye has attended as Claimant in 2013 (where Judgment has been given) has been listed above. ParkingEye has not vacated any hearing unless the defendant has chosen to pay prior to the date of the hearing. This can be proven by any FOI request made in relation to ParkingEye's court action".

    Must be the first no show then eh? :cool:

    http://www.parkingeye.co.uk/News
  • Umkomaas
    Umkomaas Posts: 43,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is ths believable. I know Daisy is off for the weekend, but if she sees this on return, I wonder what her take on it might be?
    16/08/2013 3QT58403 Miss Haylor
    Defendant ordered to pay £175 to ParkingEye Ltd
    The defendant's defence contained arguments that the parking charge was unreasonable, that she could not see the signage because it was dark and that as she was under 18 years of age she could not be held to the contract. The Judge found firmly against the defendant on all grounds and in particular adjudged that the contract remained enforceable even with a minor.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
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