HELP - Parking eye -Claim form recieved from County Court

Redx

bear in mind that PE won that case in cambridge (blogged on here and parking pranksters website a few weeks ago) so dont expect it will help your own case at all

nigelbb

Redx wrote: »

bear in mind that PE won that case in cambridge (blogged on here and parking pranksters website a few weeks ago) so dont expect it will help your own case at all

Don't be so sure. HHJ Maloney QC found that the sum demanded by PE was a penalty. The general legal opinion on penalty clauses is that they are unenforceable & there is loads of case law going back 100+ years to back this up. HHJ then went on to decide that instead of being unenforceable that these penalties were 'commercially justified' but this is making new law which is normally the preserve of the Court of Appeal not the County Court. I think many judges will be able to accept that PE's parking charges are indeed penalties but will balk at accepting that they are enforceable.

Redx

my point was that that case has been heard and so I would have thought that this case in this thread would no longer be stayed due to the other having been heard and a judgement issued

clearly it cannot be stayed forever , so something must happen by somebody at some time ?

I wasnt indicating anything at all about "what happened" within the cambridge case, nor meant to , it was all greek to me !

so just take my comment in the spirit it was meant , not as a comment about the cambridge case, merely to say that in post #31 it indicated the case was stayed pending the putcome of the cambridge case, well that time has been and gone , so if the OP thinks it will subsequently "go away" I very much doubt it will and surely somebody somewhere will "unstay" it ?

if it had said , "pending the outcome of the england versus peru friendly football match" , I would have said the same , that day has come and gone and the result is known (I would not have been commenting on the match itself , merely that it has now been played and is history)

Coupon-mad

Just wait and see what happens next and if it's unstayed and PE proceed, write and ask the Judge if the new hearing date can be vacated for POPLA to resolve the matter instead (there's a new link to a suggested letter about that in the NEWBIES thread post #5 - and I know you have already asked the Judge for that once).

All the time it's 'stayed' then you need do nothing much except DO NOT assume it's gone away. It hasn't. There are quite a few in the same boat as you right now on pepipoo. And on here, have a look at liseylou's thread which was stayed but is now moving again.