Parking Eye - Court Claim

Tandon

4consumerrights wrote: »

Tandon - any luck with your complaint to Savills yet?

Not yet but I've just had a letter from B&Q stating they have appealed to their landlords to have the ticket refunded (their words), so hopefully Savills will resolve the matter.

trisontana

Just be careful that even though they have been told to drop the case, PE might try to claim £50 to pay for their "expenses" for taking the case to court.. Complete nonsense of course. It's they who decided to go to court and it's they who should pay.

Tandon

trisontana wrote: »

Just be careful that even though they have been told to drop the case, PE might try to claim £50 to pay for their "expenses" for taking the case to court.. Complete nonsense of course. It's they who decided to go to court and it's they who should pay.

I've already had their "Without Prejudice" letter trying to claim £60 in expenses two or three weeks ago but had had nothing about the charge being cancelled until now. Maybe B& Q had already spoken to Savills about cancelling it, but I need a letter stating it has actually been cancelled before I can breathe a sigh of relief.

bargepole

Guys_Dad wrote: »

Neither.

Brentford or High Wycombe !!

see here for the first reason https://forums.moneysavingexpert.com/discussion/4800540

And make sure you refer to this case and Judge Jones case where she decided in favour of the motorist based on Jenkins' decision as he is the chair of the local judges or similar. All in POPLA Decisions thread.

Coupon-mad wrote: »

Totally agree, ask for Brentford or High Wycombe saying that it's nearer to your workplace or something.

Sorry, but it doesn't work like that. The whole point of small claims is to restrict costs, so they will always allocate the case to the court nearest your home address, or the next nearest if the first choice has a substantial backlog.

Also, you can't ask for a particular Judge. Most courts are over-subscribed with small claims cases, and will have two or three District Judges sitting. Your case will be put before the first of those to become free.

Not having a go at anyone, but sometimes I wish people would go and spend a morning down at their local County Court, to see how everything works, before giving advice about it.

kirkbyinfurnesslad_2

bargepole wrote: »

Sorry, but it doesn't work like that. The whole point of small claims is to restrict costs, so they will always allocate the case to the court nearest your home address, or the next nearest if the first choice has a substantial backlog.

Also, you can't ask for a particular Judge. Most courts are over-subscribed with small claims cases, and will have two or three District Judges sitting. Your case will be put before the first of those to become free.

Not having a go at anyone, but sometimes I wish people would go and spend a morning down at their local County Court, to see how everything works, before giving advice about it.

Thats one thing that amazes me about any of the 3 main forums. People give all the advice about things will work in the county court,etc etc etc, but have in reality never been in the court building let alone attended a hearing.

It might just open peoples eyes a bit more if others did attend...

Guys_Dad

I missed the fact that it was going through the SCC.

I am aware that you can't ask for a particular judge. However, quoting a case heard by a fellow judge who is known to the judge on one's case and sits at the same court may have some benefit, as was reported on the judge Jones case who made a decision based on Jenkins.

Hence the semi serious suggestion to use the courts I indicated. The judges' reasons, nevertheless, in both cases should be used in the defence.

Tandon

bargepole wrote: »

Sorry, but it doesn't work like that. The whole point of small claims is to restrict costs, so they will always allocate the case to the court nearest your home address, or the next nearest if the first choice has a substantial backlog.

Also, you can't ask for a particular Judge. Most courts are over-subscribed with small claims cases, and will have two or three District Judges sitting. Your case will be put before the first of those to become free.

That doesn't surprise me - makes sense really. Would have been nice though, to pick a "suitable" court. I will request St Albans thenas it is easier for me to get to. I realised that you can't ask for a particular judge but the suggestion was to quote the case presided over by that judge, which seems a good idea where ever the case is held.

Coupon-mad

Tandon wrote: »

That doesn't surprise me - makes sense really. Would have been nice though, to pick a "suitable" court. I will request St Albans thenas it is easier for me to get to. I realised that you can't ask for a particular judge but the suggestion was to quote the case presided over by that judge, which seems a good idea where ever the case is held.

You can certainly use the Brentford & High Wycombe decisions as compelling evidence for the judge though. I think there's a transcript available of the Gardam case, at least.

Your case is also very like the PE v Heggie case just added here from Friday:

List of PPC Court Cases (non-exhaustive)

It's a long thread, so remind me, have you replied to the £60 'kind (desperate) offer' letter saying 'no deal' and that they should have stated in their signage at the outset, that genuine customers were exempt? I would do so and attach a copy of B&Q's latest reply and say 'you have no case because the retailer is confirming there was no loss and that they want the case cancelled by the landowner. As PE are merely an agent I expect this matter to be cancelled but if you proceed you should be aware that...' then tell them what you have on PE (witness statement/contract irregularities, recent cases lost, etc.).

Tandon

Coupon-mad wrote: »

It's a long thread, so remind me, have you replied to the £60 'kind (desperate) offer' letter saying 'no deal'

Yes I said I didn't believe they had a case and again pointed out their failings and the fact they had not provided a copy of their contract as I had requested, nor a POPLA code as requested. However, I have now received a letter from Savills saying they have instructed Parking Eye to cancel the ticket. Better still I have also received a letter fromParking Eye confirming the charge has been cancelled.

Tandon

4consumerrights wrote: »

Tandon - any luck with your complaint to Savills yet?

Yes! I have received a letter from them saying they have instructed Parking Eye to cancel the ticket. I have also received a letter from Parking Eye confirming the charge has been cancelled and that there is no outstanding payment due. So success finally!