Parking Eye Notice to Proceed

danielfoley22

I had driven round the entire car park multiple times, I knew not to park. I have some evidence, I use my phone with Google location tracking, I actually have screenshot proof of my car being outside of the area during the 18 minutes they claimed I parked for, I will not leave this online for long, but enough time for you to see it

Here you go
http://cdn.assertive-media.co.uk/map.jpg

danielfoley22

This I could demonstrate in court, it's directly in my online Google control panel, and it's tracked by my phones GPS, the timestamp is 6:23pm, apparently I had parked from 6:19pm to 6:38pm, but this is not the case.

The GPS only reports a location when you have been stationary for a few minutes

danielfoley22

Also, it was dark as it was December, no signs were lit, basically, they have engineered the setup as a way of catching people.

I can also get witness testimony from the shops in the precinct, they have had no end of complaints, a few people have been given tickets just for driving into the car park and leaving, they also had driven around, left and been accused of parking.

da_rule

Cool (I don't actually understand what it all means it just looks like red lines to me). But as long as you can explain it to a judge. If you're planning on using that then you need to look at the rules on disclosure (i.e. You have to let ParkingEye and the Court know that you plan to use it).

Here's a link for another case where another PPC lost on GPEOL: https://forums.moneysavingexpert.com/discussion/4949627

And here's the link for the driving around is not parking case: http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html?m=0

danielfoley22

Oh, in their response, they gave away the property landowner company which I Google'd, I have approached the contacts on the website
http://www.rubiconwest.co.uk/

da_rule

They've also redacted the name of the person who signed the agreement so they cannot prove that the person who signed it had authority to enter into contract on the landowners behalf.

danielfoley22

Ah ha! thank you DA Rule, good point, why would they do that?

You know the more I read other peoples cases, the more I can see the flaws in their parking terms and conditions, is it a case of them praying on as many people as possible and using confusing terminology to get people to just cough up and save the hassle of legalities?

I have been told by friends to just cough up and pay which infuriates me, it infuriates me that so many people in society just roll over and part with their hard earned cash, well not me, I wouldn't part with a penny,

Funnily enough, I have thought Crapita in the past and won with TV Licensing, they tried to prosecute me for not having a TV licence, even though on the website it says you do not need a licence to watch on demand TV.

Anyhow, I want to speed up court and get in there

da_rule

Have you considered sending them a Part 36 offer to settle? If they accept then you'd have to pay them a token amount, but if they don't and then they lose in court (or don't get awarded more than the offer) it can have some pretty good consequences in terms of your costs. It's a risk as they may accept the offer, but these companies are greedy.

Their hope (in terms of why they do this) is that they'll scare enough people into paying to cover the few that don't pay or the ones that they lose at court/POPLA to. Also, in the past, judges seemed to struggle with the hole parking/GPEOL idea, but the tide seems to be turning now.

danielfoley22

I would rather eat my black bin then give them a penny, I won't be parting with a penny, regardless of the court outcome, if I win, fantastic, if I lose, I won't part with a penny.

I'd accept if I was in the wrong, but I have caused no harm to any business, noone has lost out financially because of me circling a car park.

I will take as much case law to court with me as possible, including other similar cases, plus evidence of my whereabouts.

I may also pursue them for loss of earnings, the amount of time I have lost messing around with this when I could have been working.

I just want court papers to get here so I can get a date and get cracking

da_rule

You may want to rethink your statement about not paying a penny if you lose. If you lose (and are not granted leave to appeal) and then don't pay you are in breach of a court order. You'll end up with a CCJ and the Court Enforcement Officers at your door (and these ones have real powers unlike debt collectors), who you will also have to pay for.

But you seem to know what you're doing so you should not lose.

I've also noticed that they claim to get their standing from clause 3.6 of the terms and conditions.