parking eye and i am at county court stage

dazupnorth

Apologies if i have this wrong but i do think that the advice is to open a new thread in order to get personally taylored advise and not to "reply" to the information threads

our car was photographed by parking eye entering a small retail centre and exiting after the deadline. this was in march 2013

the parking eye paperwork was sent through the post, much internet reading was done and the decision taken to ignore.

this may well have been the wrong thing to do. but its what happened. also at this point i should point out i was living/working in holland and only visited uk very briefly and so did not see much of the paperwork parking eye sent.

i have now been forwarded from my uk address, court paperwork from the northampton bulk handling place. the dates also seemed to have passed. i called them and quoted our reference. i was advised to go online and use the code on the paperwork to "acknowledge service". this i have done. i have filed i intend to defend the case.

i am currently reading and becoming bogged down with the vast array of information available.

i feel my defence is that the charge of 100 pounds, is not a true reflection of any sum lost, due to the car park being free.

i did see recently on the granada news t.v. that these camera based parking schemes are to be banned? surely this in itself describes its fundamental flaw and describes it for what it is, a money making scheme.

i have the moneyclaim web page open at my case and am at the 122 line part, and am lost as to what to put in there.

apologies again if i have done this wrongly, but there is just so much information on here that i am now totally bogged down.

oh one last thing. i am currently on a "sebatical" work break and am living in depest rural france. so a trip back to the uk to potentially lose a court case isnt high on my list.

thankyou for any help received in anticipation

Redx

start by reading the NEWBIES thread at the top of this forum , especially the bit about court claims and parking pranksters guide to PE court claims

dazupnorth

i have read and am continuing to read ( and become more and more bogged down with ) the plethora of information in the newbies section.
it says defend the claim but i am unclear as to what to put in the 122 line box. it also says bug the hell out of the retailers on said park, but as i dont live there and havnt for more than 5 years i have no idea what retailers are actually there. so do not know who to annoy.

the pranksters guide looks amazing but i am still unsure what to put in the 122 line box. it does look like you cherry pick which bits for your own case, but again i am unsure which bits actually apply. it ALSO says and i quote

"3) You should select the option which says “I intend to defend the claim in full”. This extends the deadline to 28 days, and gives you the time to post details of your case in its own thread on the Pepipoo private parking forum, and receive advice, and an initial brief defence statement, from one of the experienced members of the forum."


am i posting in the correct place?????

Coupon-mad

dazupnorth wrote: »

i have read and am continuing to read ( and become more and more bogged down with ) the plethora of information in the newbies section.
it says defend the claim but i am unclear as to what to put in the 122 line box. it also says bug the hell out of the retailers on said park, but as i dont live there and havent for more than 5 years i have no idea what retailers are actually there. so do not know who to annoy.

the pranksters guide looks amazing but i am still unsure what to put in the 122 line box. it does look like you cherry pick which bits for your own case, but again i am unsure which bits actually apply. it ALSO says and i quote

"3) You should select the option which says “I intend to defend the claim in full”. This extends the deadline to 28 days, and gives you the time to post details of your case in its own thread on the Pepipoo private parking forum, and receive advice, and an initial brief defence statement, from one of the experienced members of the forum."

Yep give us a chance - we have been at work all day, some of us and we only do this out of the goodness of our hearts and because we HATE PPCs - especially litigious ones!

If you've read post #5 of the sticky thread (and you only need to read post #5 of it) then you will see there is a 'holding defence' mentioned there among the example defences towards the end of that section - which if you are worried about the deadline I would simply submit a version like that for now. Then you know you have done it and can take you time then reading the prankster's Guide and the other links I gave in that sticky section, such as how to fill in the N180 Directions Questionnaire and when to seize your moment to write to your local court (once allocated) to ask for discretion to use the ADR of POPLA instead (independent appeal that we always win) and/or ask for a 'stay' of the claim pending the Beavis case which is going to the Court of Appeal.

So if it were me I would submit a holding appeal as best you can, tonight, so it's done, then post any questions you continue to have. We will help you and lots of people win.

Finally you say it was a retail park so - once you have submitted your basic defence bullet points - turn your attention for a solid week or two, to complaining in writing to the Centre Manager (Google the place to find who runs it). And also an email or two sent to any CEO of any National Chain you may have shopped at. They often ask PE to cancel if a customer complains - then PE might write and say they'll drop the claim for £50 which is their final begging letter which you can choose to accept or not. If not then you carry on to small claims or try the tactic of steering it to POPLA or a 'stayed case' if your local court is playing ball.

dazupnorth

i am so sorry for appearing to be thick here Coupon-mad. but after reading and reading post number 5 i can find no descriptor "holding defence" nor, after reading them all, can i see a simple less than 122 line defence outlined. i'm afraid my head is simply spinning.

i have not lived at my uk address for some 6 years now. i have no idea what shops are even trading on this little retail park. the offices of parkingeye are less than 5 minutes from the alledged offence and my uk address. i am thinking simple payment, even though its pure and simple theft an any language, 175 pounds worth of revenge is likely a very large pile of horse poo delivered to the address.....

i dont want to sound defeatist nor simply bow to the "games" of the lawers. it seems to me. the business of these people is to make a meal out of ordinary peoples simple lives. oh to meet the directors of parking eye. right now i would happily do time in the cells after introducing them to mr berty bat..........

sorry but i am lost. if you have time, i would be very gratefull if you could point a little closer to the "holding defence" as i cannot see a simple reference, perhaps due to boggled eyes.

THANKYOU SO VERY MUCH for taking your personal time out to answer me thus far. i do truly appreciate that you do this out of the goodness of your own heart and for scant reward.

Coupon-mad

Sorry, I think the Prankster calls it a 'sample' defence in the link I provide but then he calls it a holding defence here:

Legal Arguments to Use in a ParkingEye Court Claim

If you open/maximise that PDF then hold down control and F, a search box comes up as it does to search most documents for a keyword (sorry if I am stating the obvious). Put in 'holding' as your word and it will show you where the Parking Prankster explains about holding defences. Basically just mock up a draft based on the examples in post #5 of the NEWBIES thread if time is of the essence which it seems to be in your case. As long as you have submitted something with some basic points it buys you time to read up on it better. No-one is going to be at the hearing with you though (unless you are near enough to one of our lay reps who sometimes help people for free) so you must understand your own defence of course. And lay reps only help those who have shown they have enough nous to help themselves so I hope you do and I hope you win!

I am on holiday next week until early August, like lots of others, so don't rely on one poster - ask questions here, we will help as and when regulars are about over the Summer but you are the one who must do the groundwork of reading up on it. Lots of people have won at Court merely after taking advice from the Prankster's Guide and they are shown in a link of successes in that NEWBIES thread, to give you confidence.

Your local court isn't Sheffield by any chance is it - we have liked some recent decisions at the Sheffield County Court = wins for defendants and a claim stayed for POPLA!

bargepole

As C-M suggests, if you find the 'holding defence' in the Prankster's publication, and pick out the paragraphs applicable to your situation, that will do the job - don't make it too wordy, or it won't fit within the 122 lines.


The purpose of this is simply to get the Northampton Bulk Centre to register it as a defended claim, then they send out the N180, and then it gets transferred to your local court.


What I usually recommend (others may disagree) is to then do nothing further until you have a date set for hearing, usually some 3-4 months down the line. Then, just before 14 days prior to that date, you submit a Witness Statement and Skeleton Argument, which cites any case law you intend to rely on.


The advantage of that approach is that your skeleton, which sets out the legal arguments in a clear and logical sequence which is easy for the Judge to follow, can cite the most up to date court decisions which may assist your case.

Redx

as he says the place is near chorley towers I would think its not sheffield but otherwise it seems the advice given is excellent nevertheless (as usual)

dazupnorth

Leyland, preston or even chorley would be my local courts.

update:
i have posted on the MCOL thing that i intend to defend and my reasons thus:
Defence


ParkingEye are not the landowner and therefore cannot bring the
claim in their own name The landowner is the body who is
ultimately owed any money for breach of contract.ParkingEye are
only agents collecting that money for them, then passing it on.
The law states that only the injured party may sue. This would be
the landowner, and not ParkingEye

ParkingEye’s charges are for breach of contract and therefore must
be a true pre-estimate of loss, the car park in question is free.
therefore there can not possibly be any loss.

There was no contract between Driver and ParkingEye.For a contract
to exist, there, there must be a genuine offer of consideration
flowing from the offerer, in exchange for consideration from the
offeree. An agreement for free parking cannot be a contract, it is
just a licence.


i think this should get me to my local court and i'll await the next bit of mail that comes through the door.

thanks again for help so far

Coupon-mad

That will do for now - so move on to assertively complaining to the retailer and landowner now.

Which car park - not Aldi Leyland? Or Abakhan like the one in this thread?

http://forums.pepipoo.com/index.php?showtopic=81137

See what happened in that thread when the person complained? Page two tells you what happened. Don't suppose you or a passenger (truthfully) has a long term medical condition which could have caused you to need to take longer to shop? Even if not, you can see that complaints work from all the PE court cases cancelled here:

Successful complaints about private parking tickets - how to get them cancelled!

Do not just be polite and ask if the Store Manager or CEO or Centre Manager or landowner can 'help', it's not a letter to write in anything except very angry customer mode! Write a complaint like you see in those threads - copy one if need be, from a link you read, and adapt it. Obviously t'internet will tell you who owns/runs the place.

dazupnorth

no, its this one.

forums.moneysavingexpert.com/showthread.php?t=4769372

(not allowed to post the link properly i'm too new)

will read these through also now and see what happened

no medical grounds to use.

searching other forums i find this

wilkinsonwilliams.completelyretail.co.uk/index.php?p=viewScheme&id=2838

and according to their website. Threadneedle are:-
Threadneedle is the international investment management arm of Ameriprise Financial (NYSE: AMP), a leading US diversified financial services company and one of the 40 largest asset management firms globally.