Parking eye taking me to court over an illegal carpark which is no longer there

Coupon-mad

I suspect the land PE 'manage' has a private landowner but that doesn't change your defence.

Guys_Dad

You have a number of defence points. These include:-

1. I did not contravene
2. PE were acting unlawfully (subject to confirmation)
3. Pre estimate of loss.

I will concentrate on the last point.

Courts love precedents that they can refer to Here is one

http://www.penaltychargenotice.co.uk/private-land-enforcement/court-cases/court-cases-for-private-parking-tickets/

Look at CASE 5 – OB SERVICES VS COLIN THURLOW
JUDGMENT (As Approved), Tuesday 13th July 2010

Following the decision in this case the defendant appealed and asked for the decision to be reviewed which is shown below as case 5A below.....

If you search the net for that case, you will find the original. Make reference to it in your submissions to court.

Also, the appeal points that we have given to others for POPLA are equally valid here.

Here is modified wording from a recent post I offered for another person.

"The amount claimed by Parking Eye is liquidated damages and, as such, the Operator may only charge a genuine pre-estimate of loss that arise from the alleged contravention.

The Operator has included a basket of costs, including the cost of erecting site signage and the cost of membership of the Driver and Vehicle Licensing Authority, wages and uniforms which are Operational costs of running the business.

The entirety of the parking charge must be a genuine pre-estimate of loss in order to be enforceable. However, some of the costs referred to do not represent a loss resulting from the alleged breach.

For example, were no breach to have occurred, then the cost of parking enforcement, such as erecting signage, would still have been the same.

I contend, therefore, that you should find in my favour"

michellehammonnd

Just a quick update ,
this is the email I have now received from Planning Permission


I
have checked the planning history and there is no history on the site
2)Parking Eye have not applied for planning permission to use the car park as a Pay & Display
3)Land Registry will have the details of who owns the site.

We have logged Enforcement against the site and an Enforcement Officer will go out and investigate.
Mr******** is the Enforcement Officer who can be contacted *******

android26

I'm no expert but that sounds positive!

Umkomaas

michellehammonnd wrote: »

Just a quick update ,
this is the email I have now received from Planning Permission


I
have checked the planning history and there is no history on the site
2)Parking Eye have not applied for planning permission to use the car park as a Pay & Display
3)Land Registry will have the details of who owns the site.

We have logged Enforcement against the site and an Enforcement Officer will go out and investigate.
Mr******** is the Enforcement Officer who can be contacted *******

I note the Planning Office use the term 'Pay and Display'. I'm not sure whether they literally mean P & D (as we know PE aren't much into that), or whether they are using it as a 'catch-all' covering any kind of parking that incurs fees and/or charges?

Would they know the difference, I wonder?

Coupon-mad

michellehammonnd wrote: »

Just a quick update ,
this is the email I have now received from Planning Permission


I
have checked the planning history and there is no history on the site
2)Parking Eye have not applied for planning permission to use the car park as a Pay & Display
3)Land Registry will have the details of who owns the site.

We have logged Enforcement against the site and an Enforcement Officer will go out and investigate.
Mr******** is the Enforcement Officer who can be contacted *******

Any update? Got it cancelled by the landlord or landowner yet by loudly complaining? Do update your thread. Help is out there, see this to help with your case, I do hope you haven't folded.

http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html

A lot has happened with PE small claims in recent weeks, read the blogs there.

michellehammonnd

Just an update to let you know,that after the help of the incredibly talented PARKING-PRANKSTER, Parking-eye have FINALLY dropped the case.The man is a legend and took so much time out to help me.I can not thank him enough.
Thank you to EVERYONE who helped me with their great advice and knowledge X

kirkbyinfurnesslad_2

Well done!!!, thanks for updating us Michelle:)

Did they say why they dropped or just a bog standard letter.....

He will be smiling when he sees this being called a legend:) he knows his stuff

Parking-Prankster

Fuller details here
http://parking-prankster.blogspot.co.uk/2014/02/parkingeye-blunder-team-install-anpr-on.html


Somehow the '19 separate steps of checking and auditing by ParkingEye personnel' failed to pick this up.

4consumerrights

michellehammonnd wrote: »

Just an update to let you know,that after the help of the incredibly talented PARKING-PRANKSTER, Parking-eye have FINALLY dropped the case.The man is a legend and took so much time out to help me.I can not thank him enough.
Thank you to EVERYONE who helped me with their great advice and knowledge X

Parking Eye take note: you are no match against such a legend as Parking Prankster backed by the vendetta of internet forums!

And it is such a shame that you feel so intimidated by him that you send spurious solicitor letters to him in a feeble attempt to halt him!



:)WELL DONE TO PARKING PRANKSTER:T