Parking Eye County Court

Umkomaas

regalpalms wrote: »

I wrote to PE on the 18th Feb, immediately I received their letter notifying them of my change of address. They wrote to me on the 18th March at my new address - but served the court notice on the 10th March at my old address.

Luckily I got a telephone call to collect as the occupant recognised that it was important otherwise I would have had a judgement against me.

All documents filed by me at the court have my correct address.

I will get on with the other bits now - thanks

And I wonder why they did this, or is it just the cynic in me?

No doubt just an 'administrative error' - the traditional 'get out of jail' card played by PPC-world.

spacey2012

typical, I would make reference to this error in the defence .
The reason for making an ADR offer is I have noticed a flank in their opening speech.

They open with the line that they have no choice but to use court as the defendant has failed to reply or offer to "resolute" the claim.

Now as this is to turn the judges head in their direction and convince them to punish you for making them have to waste courts time, well I think it is about time they had the ball back in their court on that one.
The opening speech appears to be scripted and I doubt the lawyers they send from the agency of unemployable lawyers will have even read the defence exhibits and will peel of the script.
At which point you may make reference to the ADR offer.

Sit back and watch the fireworks.
If the Judge orders them to use ADR you should request they issue a valid POPLA code, they will have just wasted court costs and the agency fee and you can use POPLA to kill off the case.
A double win if it works, it has in the past, therefore I feel the tactic should be played like a trump card each case.

regalpalms

Update

I'm sorry that I have not been on here. In May after being diagnosed with Cauda Equina Syndrome I had two emergency spinal surgeries. My recovery has been slow and painful and am just getting back to work. So everything with this case has been pushed aside.

I sent PE the letter as suggested "Keep it simple, put that you are making them an offer to have this dispute dealt with by ADR - Alternative Dispute Resolution with the offer the outcome be binding on both parties, as you understand POPLA to be the ADR for parking disputes you offer them the opportunity to save the courts time and costs involved in sending a litigant to act for them in court by utilising ADR"

They did acknowledge, with a two page letter telling me about Popla - how successful it can be however there was no option for me as it was clear I was out of the with time frame.

Whilst in hospital I received a recommendation that it go to mediation which I agreed. My daughter completed the paperwork and then sent it off.

I then received a court date 10th September 2014 at Kingston County Court again with a recomendation to register for telephone mediation - which I did. I was told that if I didnt receive a telephone call then to assume that PE did not agree with this and the hearing would go ahead.

I had been off sick for 11 weeks and was due to start back on a phased return over 6 weeks - which has been exhausting so on the 5th August I contacted the court requesting an adjournment as I knew at that point that I didnt feel well enough to go through the court or get my defence ready. I was told to send in an email and that the judge would consider. The court wrote to me asking for certificates and clarification whether it was an adjourment or more time for preparing my defence. I sent all my documents to support this (wished I had been told to do this in the first instance) and am now waiting for the judges decision. Spoke to court today and was told it's all with the judge but they will call me later today with an update.

In the meantime today received PE's case in post - clearly they didnt want to do mediation - so am now back here trawling through all the recent posts and catching up with all the latest court cases, desperately hoping that the judge gives me more time as to be honest feel like throwing the towel in.

To add to this Ive just received a hospital appointment with Consultant for same day as court hearing -

Coupon-mad

When the court phone back, ask them if the case can in fact be 'stayed' until the Court of Appeal outcome of the 'ParkingEye v Beavis' case since you notice that PE are trying to rely upon it. Say that - notwithstanding your illness - you are further aware that many cases around the Country are being stayed now in view of that Court of Appeal case (give the case number - 20142010).

Or the case could be resolved more quickly if the court should use its discretion to stay the claim for the matter to be resolved instead by POPLA which is the bespoke ADR and which has 100% prospects of success, seeing as a decision is always made one way or the other and you agree to abide by the POPLA decision. There are several cases numbers to cite where this HAS been allowed by a court even when a court date has been set.

Look at bartos1976's threads here on MSE, in one recently updated successful thread, he has just won at POPLA in a case that was due to go to a hearing, same as yours. POPLA is winnable - not all courts will entertain it of course. His thread has all the cases listed that he mentioned to 'his' court when asking for POPLA instead. You could copy/adapt his letter as a follow up to the court if they ask you to make this further submission in writing.


But if not, then a 'stay' for the Beavis case is another option the local court 'should' reasonably consider:

http://forums.pepipoo.com/index.php?showtopic=88568&st=200&start=200

Bargepole's post #206 there:

The date for the hearing of this case at the Court of Appeal is now in the public domain, and has been set for Monday 23rd/Tuesday 24th February 2015. It is extremely unlikely that Judgment will be given at the conclusion of the hearing, but will be handed down a few days later.

Anyone who has a PE court case before that date, should, if the Judge is minded to follow the original ruling, try to get their case stayed until the result of the appeal is known.

regalpalms

Thank you for that.

The clerk rang me back and told me that all my paperwork is with the District Judge and marked as urgent.

He has told me that in the meantime I need to get my defence in by tomorrow so am working on that at the moment - I did say that I haven't had the opportunity to compile a robust one with adequate research but just said write a cover letter explaining my circumstances.

He was apologetic but said that was all he could do after speaking to his supervisor

Coupon-mad

Everything should be typed in Times New Roman minimum 12 font, with 1.5 line spacing (you want to get the Judge onside don't you!).

If you can, for the Judge's copy of this 'defence bundle', put the whole thing in a ring binder/folder and make sure the evidence 'exhibits' (such as photos, a copy of your Mum's Blue Badge or a summary of her mobility issues signed/dated as a 'statement of truth' by her). And also as evidence you need the Beavis case Leave to Appeal document, numbered clearly in your defence - so the exhibits are easy to find for the Judge.

And you must send a copy to PE as well as the Court, and keep a third copy of everything for yourself of course in case you do ever have to attend a hearing.

Submit a version based loosely around this recent PE defence (see link below - it includes a rebuttal of the Beavis case and a request for POPLA instead):

https://forums.moneysavingexpert.com/discussion/comment/66332136#Comment_66332136

You can remove all the stuff about the Notice to Keeper as you never got one. Instead add something along the lines here:

Disabled passengers are allowed a reasonable adjustment of extra time before parking charges arise, to avoid disability discrimination under the Equality Act 2010. To charge Blue Badge holders the same to park as non-disabled people is in fact discriminatory. This is because the majority of disabled people take longer to get around the shops, and therefore end up paying more to park. Citation - Helen Dolphin of Disability Now: http://www.disabilitynow.org.uk/article/norwich-blue-badge-victory

And I would also include a link to the Equality Act 2010 Code of Practice for Service Providers which includes statutory duties:

http://www.equalityhumanrights.com/sites/default/files/publication_pdf/servicescode.pdf

Enclose a copy of the Beavis case leave to Appeal, printed out:
http://nebula.wsimg.com/b0131d1d8d5f47e682b3acaffd62670e?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

and in your covering letter, ask clearly for a stay of the claim for POPLA instead or failing that, for the outcome of the ParkingEye v Beavis case being heard by the Court of Appeal on Tuesday 24th February 2015 (case number 20142010).

Plus include a witness statement which is a page with your name and address and your signature and the date at the bottom; and the claim number & case heading 'Parking Eye v {your surname}' and your claim number at the top. In the witness statement you don't put legal arguments you put facts which could be:





WITNESS STATEMENT {remember this is NOT the defence!!!}

Claim number:

1 - I am the registered keeper of the vehicle in question and was driving on the day mentioned in this claim.

2 - My passengers included my 82 year old disabled mother Christmas shopping along with my daughter and her three week old baby. It was my daughters first trip out following a complication and she was also not very mobile.

3 - A copy of my mother's Blue badge is included in my defence bundle {or a witness statement signed & dated by your Mum setting out what her mobility problems are}.

4 - This was just before Christmas when the queues at the shops were very long as were the queues to enter and leave this car park.

5 - It is my honest belief that the car was not actually parked longer than permitted.

6 - It was my honest belief that the car park was free.

7 - I saw no signs at all, and saw no terms of parking beside the disabled bays except to display a Blue Badge. {only include this point if you were in such a bay}

8 - I moved house so never received any Notice about this charge.

9 - I would have appealed citing the Equality Act if I had received a PCN.

10 - The first I knew was a Letter before Claim which I replied to after I collected the post from my old address. I believed that was an appeal.

11 - I was never given a POPLA code with the rejection of my appeal. POPLA impose no deadline - refusal was this Claimant's own decision.

This is a statement of truth.


signed


date
name and address of defendant