Parking Eye Court Claim

Coupon-mad

I think that's fine, and I could read it as I wrote some of it anyway and it has the Fistral Beach case cited somewhere. Make sure it doesn't clump words together like that in the MCOL submission box.

c and d look like the same point to me so could be amalgamated.

And I thought after I wrote this bit below that I should have added the bit in italics (not to be put in italics in your submission though):

A 'sum in the nature of damages' can only be potentially claimed in specific circumstances 'in the case of a relevant obligation arising as a result of a trespass or other tort'. Breach of contract is not a tort and no trespass nor any other tort is alleged by the claimant (and both eventualities are expressly denied).

liseylou

Thanks again Coupon-Mad.

I have fully researched the particulars to ensure that I can fully explain them in court, although there are a couple I am slightly nervous about:

* LBCCC - I did received the LBCCC, however I just need to understand the reason why it may not be compliant which I interpret as being because PE are not the Landowner and therefore the legal requirements of POFA 2012 are not satisfied. Is this correct?

* Signage - I have a photograph of the signage which was taken a few weeks after the incident. There seems to be some reference to T&Cs but the text is so small, I cannot even magnify it on my ipad to be able to see it any clearer, therefore I cannot read what it says. Would this be suitable evidence that signage is in breach of BPA Code re ANPR Signage Rules?

liseylou

sorry, I didnt intend to not publicly thank everyone else on this thread its just Coupon-Mad has been particularly helpful.

Thank you all :-)

Stroma

You don't need to thank is individually, if you think anyone was helpful clicks on the 'thanks' button below posts.

I couldn't read your post because I'm on a phone and the formatting of it was not readable for me

liseylou

Phew - thats the easy bit done, now lets prepare for battle!!

Voddie n coke first though - I think I deserve it :-)

spacey2012

You should send a letter with certificate of postage to parking Eye requesting they first use a Alternative Dispute resolution service.
Do not mark it without prejudice, enter the certificate of postage, a copy of the letter within the defence evidence documents.

The Judge is may to order them to pursue ADR first.
It also shows you have attempted to "remain in honour" by offering them a way to mitigate court costs and save court time.

They will reject this, but it will place the judge on a slightly miffed approach with them for taking court time with what they could have dealt with elsewhere.

Coupon-mad

liseylou wrote: »

Thanks again Coupon-Mad.

I have fully researched the particulars to ensure that I can fully explain them in court, although there are a couple I am slightly nervous about:

* LBCCC - I did received the LBCCC, however I just need to understand the reason why it may not be compliant which I interpret as being because PE are not the Landowner and therefore the legal requirements of POFA 2012 are not satisfied. Is this correct?

* Signage - I have a photograph of the signage which was taken a few weeks after the incident. There seems to be some reference to T&Cs but the text is so small, I cannot even magnify it on my ipad to be able to see it any clearer, therefore I cannot read what it says. Would this be suitable evidence that signage is in breach of BPA Code re ANPR Signage Rules?

Have you read Daisy's LBCCC Fightback thread (in the stickies by Crabman near the top of the forum)? She explains what the omissions in PE LBCCC letters are. TBH I feel that isn't a massively strong defence point, it's more a point that leads to you saying - among other developed arguments, once the case is allocated to a local court - 'I haven't been fairly informed and never got a chance to respond to a proper LBC, hence why I again request for an order for POPLA as in recent cases xxxxxxx and xxxxxxx.'

As for the signage, the only way to tell would be to look at the signs from a car. However, as you will see from cases like PE v Lemon and Harris, and PE v Collins-Daniel (get transcripts from the PP's blog page) Judges do like tearing into unclear signage wording.

liseylou

I've got a picture of the entrance and the pay n display sign but can't work out how to post them-both are non-compliant

Stroma

To post images it's best to use tinypic.com to host them, then place the links here, minus the http://www part of the link if it doesn't allow you to post links on here.

liseylou

I'm going to try this - if it doesn't work, I'll keep trying until it does, so apologies if we end up with lots of posts: