Parking Eye court stage

kirkbyinfurnesslad_2

Gary_zero wrote: »

The case was originally raised at Northampton CC and at our request transferred to Preston CC. It says in the paperwork that "a party refusing to have the case dealt without a hearing may be willing to travel to a court convienient to the other party". Which presumably means She could end up having to go to Northampton CC. What's the likely outcome and worst case senario of having it judged on the papers alone?

Well Parking eye are based preston way (chorley)
No, Northampton is a bulk clearing centre,
If its heard on paper , then it will simply be the cost claimed for by parking eye.

If your willing to take the risk based on the defence go for it, personally i wouldn't and this isn't just from some hair brained statement.

Its a question of risk, i would say based on what you have got their you have a 1% chance of winning.

4consumerrights

Gary_zero wrote: »

The case was originally raised at Northampton CC and at our request transferred to Preston CC. It says in the paperwork that "a party refusing to have the case dealt without a hearing may be willing to travel to a court convienient to the other party". Which presumably means She could end up having to go to Northampton CC. What's the likely outcome and worst case senario of having it judged on the papers alone?

Northampton CC is the bulk clearing centre which issues the court papers - county court cases are heard at a court nearest the defendant - i.e. your choice.

The worst case scenario of having it judged on papers alone is that you will lose and have to pay the parking charge plus court fees and they will also asked for their preparation costs £50 (in house legal fees to be considered - a joke as their letters are not compliant with PD).

Has your daughter complained to the retailers - look at coupons sticky thread successful complaints how to get charges cancelled.

Parking eye have frequently offered the £50 reduced offer after the principal has cancelled the charge.

County court cases are informal - and what other paperwork have you received - has your daughter filled out the questionnaire yet.
Parking eye should include what they rely on in court - eg. their contract with landowner which you can challenge at the hearing. You can also ask for other defence to be added before hearing.

Based on the "defence " you quoted above the ONLY reasonable chance of winning is to be articulate about the reasonable adjustments required under the Equality Act for pregnant and nursing mothers.

DollyDee_2

Is this Aldi at Corporation Street?

Someone posted on Facebook in September that the Planning Permission was for 3 hours and offsite usage.

Umkomaas

You won't have to go to Northampton, it will be heard in Preston.

You have to make some hard decisions.

1. Call their bluff and go for a hearing, clearly there's something they don't fancy in this because attendance at Preston for them (being based in Chorley) would be no hardship. By taking an assertive line, they may just throw in their cards - but this is a 'who blinks first' scenario.

2. Get working hard on preparing your daughter for a robust appearance at court. You/she need will need to do loads of research - PePiPoo has lots of defended court case examples, so that should be your starting point.

3. Pay up (as per KIFL) - goes against the grain, but small claims court is a bit of a lottery, even with a decent defence, and this may prove your most predictable and cheapest way to kick this firmly into the long grass.

4. You might want to take a read of this thread from PePiPoo where the OP refused the PE offer of paying the £50 - but he did have the time, the understanding of how to take this to the court level stage and the financial resources to cover what would likely to be a ~£200 cost if he failed in court.

http://forums.pepipoo.com/index.php?showtopic=85352&st=0

These seem to be your (daughter's) options.

salmosalaris

If this is aldi corporation st when was the parking "event" ?

Gary_zero

Yes it was Aldi Corporation street I don't have the date to hand maybe July August

DollyDee_2

See Post 14

3 hrs & offsite usage

bod1467

Which may be why PE are blustering and "offering" to settle out of court for £50 ... the PCN is fundamentally invalid and has no basis. They've been caught out on this before - may even have been the same location.

salmosalaris

No I'm not referring to PP , and I don't think that's correct anyway .

Gary_zero

DollyDee wrote: »

See Post 14

3 hrs & offsite usage

So what is the best way forward