County Court Letter - Success!

bod1467

iwanttobedebtfree - please start your own thread.

Oakley2702 - I'd suggest posting your outline defence here first (redact any personal or otherwise identifiable details) for guidance.

Question - which county are you in? (There was a court victory post here very recently where the Judge asked for all cases in certain counties to be stayed).

Oakley2702

bod1467 wrote: »

iwanttobedebtfree - please start your own thread.

Oakley2702 - I'd suggest posting your outline defence here first (redact any personal or otherwise identifiable details) for guidance.

Question - which county are you in? (There was a court victory post here very recently where the Judge asked for all cases in certain counties to be stayed).

The charge was received in Bedfordshire.

How's this for my defence?

1. ParkingEye did not send me a letter before claim which was
compliant with practice directions. As a result the parties have
not been able to able to complete the exchange of information
needed for me to file my full defence and have not been able to
complete Alternative Dispute Resolution.

2. There was no contract between myself and ParkingEye who are
claiming for breach of contract but the actual offence is one of
trespass.

3. ParkingEye are not the landowner and therefore cannot bring the
claim in their own name. Therefore I require proof in contract
that parking eye have a proprietary interest and are legally able
to pursue parking charges on behalf of the landowner.

4. ParkingEye’s charges are for breach of contract and therefore
must be a true pre-estimate of loss.

5. The signage was not sufficient at that time of day to create a
contract between ParkingEye and myself.

6. I require evidence that the ANPR was working accurately and
correctly calibrated.

bod1467

As outline defence points - fine. As the defence itself? No good - needs way more detail, with references, to support it.

(All such info should be in Prankster's guides).

Coupon-mad

We suggest including the following in the initial brief defence submitted at the MCOL stage:

"
The defendant requests the Court to stay this claim for 90 days, and make an order requiring the parties to resolve the dispute by referring the matter to POPLA (Parking on Private Land Appeals service), an independent tribunal set up for the specific purpose of adjudicating private parking matters. This would be in accordance with the directions given by Deputy District Judge Bridger at Southampton County Court on 21/01/2014 in case number 3JD05448 ParkingEye v Gilmartin. Also in accordance with a similar stayed claim on 13 Sep 2013, District Judge Mayor, Croydon County Court, 3JD00719 ParkingEye v Mr. O. Both were similar parking charge cases where POPLA as an ADR had not been undertaken first.
"

But you need to read the Parking Prankster's Guide in depth first.

Oakley2702

Will be working on my defence ASAP but one thing I wanted to ask, is it too late to approach the Hotel in question and try to resolve the issue direct with them?

SevenTowers

Oakley2702 wrote: »

Will be working on my defence ASAP but one thing I wanted to ask, is it too late to approach the Hotel in question and try to resolve the issue direct with them?

It's never too late, ASK VOCIFEROUSLY!!! Even if they can't actually call the dogs off, if you can show that PE are attempting court action without the approval of the landowner, it strengthens your hand greatly.

Coupon-mad

Oakley2702 wrote: »

Will be working on my defence ASAP but one thing I wanted to ask, is it too late to approach the Hotel in question and try to resolve the issue direct with them?

Never too late.

Look at the 'Successful Complaints about PPCs' sticky thread, where all the first PE links with the bit in red 'after court papers issued'! should give you a clue!

Are you saying you have now bought the Parking Prankster Guide which we did suggest asap and a thread about it is linked in the NEWBIES sticky thread where I talks about Small Claims and how to defend. PP's Guide helps newbies no end and the 'price of a cup of coffee' is not for profit and goes towards purchasing court transcripts of winning PE hearings, won by posters, such as the transcripts PP will give you access to.

Oakley2702

Yes, I bought PP's guide as soon as you suggested it. Just reading my way through it now.

I rang the said hotel yesterday and had quite a positive chat with one of the people who works there. I explained why I was there, that I wasn't from the area, why I had ignored the initial letters; mentioning the BBC watchdog program and their advice to ignore PE.

She commented on how they thought that PE were "aggressive" in their way of handling things.

I'm hoping to receive a call in the next few days from the person above whom I spoke to, fingers crossed for an easy resolution.

Oakley2702

Just a quick update, I've just spoken with a member of staff and they've said that they will contact PE and get the case dropped, will PE still look to get the money for solicitor or court fees at all though?

bod1467

They may try to sting you for some of their costs. You can obviously tell them to shove it where the sun don't shine.