Parking Eye Court Claim

DW190

Just been reading through this thread and it appears PE's Part 36 Offer was Non Compliant.

Form and content of a Part 36 offer
36.2
(1) An offer to settle which is made in accordance with this rule is called a Part 36 offer.
(2) A Part 36 offer must –
(a) be in writing;
(b) state on its face that it is intended to have the consequences of Section I of Part 36;
(c) specify a period of not less than 21 days within which the defendant will be liable for the claimant's costs in accordance with rule 36.10 if the offer is accepted;

Is Rachael by any chance a Blonde?

liseylou

DW190 wrote: »

Just been reading through this thread and it appears PE's Part 36 Offer was Non Compliant.

Is Rachael by any chance a Blonde?

Blonde moment.... If their offer letter was non-compliant, there still wouldn't be any benefit in raising it in court because I declined their 'kind' offer anyway, by returning the favour with my £20 'compliant' offer.

Still trying to get my head around what difference that makes?

(BTW, I'm not blonde, more a malteser - brunette on the outside, blonde in the middle) :rotfl:

liseylou

OK - back to the newbie sticky thread it is for me!! Unfortunately, the malteser in me surpresses my memory so I will probably be absorbing the threads for some time.....

DW190

liseylou wrote: »

(BTW, I'm not blonde, more a malteser - brunette on the outside, blonde in the middle) :rotfl:

You misunderstood. Rachael works for PE (well up to now she does) but if the Cambridge case goes as expected she'll be signing on.

Coupon-mad

liseylou wrote: »

So it looks like I'm off to court - PE are progressing the case and have sent me their million page waffle in relation to my defence.

Looks rather impressive, which is quite daunting now it's a reality so morale support is much needed from you all before I cave in!!!

As soon as it's allocated to the local court after Directions Questionnaire N180 stage, here's a thread where a person got POPLA instead of the hearing (yay it worked again!) and it includes a post from me as SRM on pepipoo, showing the sort of letter to write to the local Judge:

http://forums.pepipoo.com/index.php?showtopic=89764&st=0

...and send a copy to PE by email so it costs you nothing and also so you can rattle their cage and get a dialogue going about why they have no prospects of success and should drop the claim. PE's email for people to rattle their cage is [EMAIL="enforcement@parkingeye.co.uk"]enforcement@parkingeye.co.uk[/EMAIL] - for anyone with a court claim, be proactive and email them as well as submitting a robust defence.

Ivor_Pecheque

Just to clarify, there are, I think, 4 car parks on Tower Road, three are operated by Parking Eye. Heading North(ish) along Tower Road first on the left is the Golf Club, (PE), Second on the left is The Bunker Cafe (PE), Third (I think) is Local Autority, Fourth is Holy Trinity Church. (PE)

Got photos of most signs in each car park, taken last week if that helps. The sun was pretty low in the sky, but will be returning to the area soon in about a month if you need anything specifically photographing. The golf club may be a challenge, I got chased off, the Church was much more interesting, had an ethical debate with the Priest, who, he tells me, cancelled 12 PE charges the year before ! He also regularly signed witness statements for PE. Hell of a nice fella, although, I suspect, a little misguided.

"Fistral" is an altogether different car park, round the corner on Headland Road, although people use the Tower Rd car parks and cut through to the beach.

Here's the entrance to The Bunker, I'm assuming it's the car park in question.

I've got close ups of most of the signs, just having a few upload problems at present, so if you need anything, try and be specific :-)

Cheers,

Ivor.

Ivor_Pecheque

Oh, and by the way, circling 'aint parking (the Judge said.)

http://www.cornishguardian.co.uk/Couple-win-parking-fight/story-20849706-detail/story.html

Transcript here... http://nebula.wsimg.com/c289944f81b4afb375a97d05d5a80df6?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

Ivor_Pecheque

First entrance sign to The Bunker, Tower Road...

Ivor_Pecheque

The sign on the camera poles.

(As an aside, I believe these camera's on poles require planning permission. If you think there has been an infringement then the planning enforcement officer for the area is zford@cornwall.gov.uk There's usually some sort of clause in the PE/Landowner contract about "necessary planning consents," although I'm not sure how useful this will be in your defence-always good to ensure that those insistent on using the law to their own advantage, are fully compliant themselves though.)

Ivor_Pecheque

Ticket Machines, this is looking outwards towards the entrance