Parking Eye Court Claim

Coupon-mad

Aww I have had that happen to me before. Tell us the basics, we are on tenterhooks...

45mip19lot

It has happened to me again.....timed out before I could post.

Liseylou won.....Fantastic

Not so good for me.....I didn't lose but will have to tell you in short bursts because my typing is not that quick

45mip19lot

My case was struck off because Parkingeye had not paid the £25 fee before the cut off date of the 5th September.

The solicitor is convinced that it was paid and that it is an error on the part of the court.......More than likely if my experiences are anything to go by.

I was awarded £8.50 expenses on the understanding that I pay them back in the event of another hearing.

Lots more to come....I will take a tea break.

Coupon-mad

Now that's a good start - would love to hear Liseylou's account too!

Don't forget to say whether you both ended up with the same Judge, and whether you both had to face the same law rep and what were they like?

45mip19lot

I sat in on the hearing of Liseylou......she did a fine job, a little nervous as expected, but good enough to win.

Parkingeye used same representative.......young guy, a bit shirty to start with when he knew I was in the afternoon and wanted to sit in on her hearing........wouldn't talk about the case with me in earshot. Turned out he was an OK guy just doing his job as we had time to talk to each other after my case.

We did not have the same Judges.

Coupon-mad

Interesting - a full report is 'needed' from you both please(!!) or send a pm to the Parking Prankster if either of you would like to ask if he'll blog about your cases!

45mip19lot

OK, so let me try again...

My judge, having told the solicitor that he would have to strike the case off, proceeded to tell us both that he had managed to spend nearly 1.5 hours reading the evidence presented by both parties.

He said to me, that judging by the evidence alone, had the case gone ahead, he would most likely have gone on the side of Parkingeye.

He was aware at this point in time that Liseylou had won her case. I said to him, how could that be? because our situations were almost a carbon copy of each other...her overstay time was 22 minutes, ours was 23....same car park, same time of year bar a week.

He went on to say that just because you provide lots of examples where judgements have been passed that are in your favour, they are not relevant.

He was then referring to my original defense statement that I wrote in blind anger when I received it from the Northampton Bulk CC.
I said that I had submitted a completely new witness statement that I though superceded that, but he said no it did not.

He then said that it was not unusual to see this scenario when dealing with defendants that were not legally trained and being in a Small Claims court. He went on to say that if the case had gone ahead he would have allowed me to use the new witness statement because Parkingeye were not going to be tripped up or wrong footed by this as they were fully aware of this for some time. He was just advising me that before the next hearing, if there was in fact going to be one, I should write to Parkingeye seeking their permission, or go to the court and get them to approve the change. He thinks that some judges might not be so lenient and I don't want to fall at the first hurdle.

He did say that if I gave a good enough arguement he might be swayed, but he was definately on the side of Parkingeye.

I now have to go back and read your PM (sorry for not replying) and getting to grips with the NtoK and finding some point of law that the judge cannot dispute.

liseylou

Well I thank you all for all your help – I know that I wouldn’t have been able to cope it is wasn’t for the support of this forum.

I am in the process of typing up the events from this morning but the case lasted 2½ hours, so it isn’t going to be quick – please bear with me and I will get to it asap to let you all know the finer detail.

WHOOP WHOOP – ANOTHER WIN FOR THE MOTORIST !!!

Stroma

Very well done to you

trisontana

"He then said that it was not unusual to see this scenario when dealing with defendants that were not legally trained and being in a Small Claims court."

There's the rub. On the one side you have the poor motorist with no legal training and who is unused to the workings of the Small Claims Court. On the other side you have PE who have done this thousands of times, using legally trained people. Where's the fairness in that?