P@rkingeye final response

Coupon-mad

alex_reuben wrote: »

Sorry - to be clear i'm not blaming the forum at all and clearly sounds like I was probably looking at dated posts at the time. As all the information is at home, I will give the full details of what's happened so far either later today or tomorrow. Should i start a new thread when I do this or will people still look if I reply to this one? TIA!

Add to this one.

If you find the defence too hard to do then Parking Ticket Appeals (run by 2 other posters from here) are offering to write defences for £19.99.

Or just go to the Newbies thread post #5 where I have covered all the bases you need.

alex_reuben

ampersand wrote: »

We'll look at this one. That's brownie point no.2 for you.:T


You didn't hi-jack:-); you haven't called your parking event the F-word.

Yup, put everything on here later.

Ok, here is my original defence which I just copied and pasted from one of the threads...

How much of the claim do you dispute?
I dispute the full amount claimed as shown on the claim form.

Do you dispute this claim because you have already paid it?
No, for other reasons.

Defence
On the material date, we were bona fide customers of Borehamwood
Shopping Park, a location where multiple retailers have stores.
The alleged overstay is a matter between the retailers, the
landowner, and the Claimant.

I would also assert that I am not liable to the Claimant for the
sum claimed, or any amount at all, for the following reasons:

1. The Claimant’s notices do not create any contractual
relationship between the Claimant and motorists using the car
park.

2. Any consideration flows from the landowner and/or retailers on
site. The Claimant therefore has no standing to bring claims in
their own name.

3. The Claimant has suffered no actual, or genuine pre-estimate
of, loss as a result of the alleged overstay, and their charge of
£85 is therefore not recoverable.

The above points will be explained fully in the Witness Statement
which I shall serve not later than 14 days before the date of any
hearing.

I would also request that the Court makes an order directing the
parties to resolve the dispute through the Parking on Private Land
Appeals service (POPLA), the independent Alternative Dispute
Resolution facility for the private parking industry. This is in
accordance with the orders made by District Judge Mayor at Croydon
County Court on 13/09/2013 (Case no. 3JD00719, ParkingEye v Mr O),
and also by Deputy District Judge Bridger at Southampton County
Court on 21/01/2014 (Case no. 3JD05448, ParkingEye v Gilmartin).
This will reduce the burden on the County Courts, and avoid the
need for court staff and Judges to deal with the excessive volume
of largely irrelevant documents known to be furnished by this
Claimant in other cases of this nature.

Signed
I am the Defendant - I believe that the facts stated in this form are true

---

With respect to the 50 page response I received from the company in question, I don't have it in a format other than a paper document of 50 pages. Please can you advise what is the best way to put it on here / share it? I can scan and put into a PDF, but not sure if you can do that on this forum and also wary of having too much info available online. TIA!

alex_reuben

alex_reuben wrote: »

Ok, here is my original defence which I just copied and pasted from one of the threads...

How much of the claim do you dispute?
I dispute the full amount claimed as shown on the claim form.

Do you dispute this claim because you have already paid it?
No, for other reasons.

Defence
On the material date, we were bona fide customers of Borehamwood
Shopping Park, a location where multiple retailers have stores.
The alleged overstay is a matter between the retailers, the
landowner, and the Claimant.

I would also assert that I am not liable to the Claimant for the
sum claimed, or any amount at all, for the following reasons:

1. The Claimant’s notices do not create any contractual
relationship between the Claimant and motorists using the car
park.

2. Any consideration flows from the landowner and/or retailers on
site. The Claimant therefore has no standing to bring claims in
their own name.

3. The Claimant has suffered no actual, or genuine pre-estimate
of, loss as a result of the alleged overstay, and their charge of
£85 is therefore not recoverable.

The above points will be explained fully in the Witness Statement
which I shall serve not later than 14 days before the date of any
hearing.

I would also request that the Court makes an order directing the
parties to resolve the dispute through the Parking on Private Land
Appeals service (POPLA), the independent Alternative Dispute
Resolution facility for the private parking industry. This is in
accordance with the orders made by District Judge Mayor at Croydon
County Court on 13/09/2013 (Case no. 3JD00719, ParkingEye v Mr O),
and also by Deputy District Judge Bridger at Southampton County
Court on 21/01/2014 (Case no. 3JD05448, ParkingEye v Gilmartin).
This will reduce the burden on the County Courts, and avoid the
need for court staff and Judges to deal with the excessive volume
of largely irrelevant documents known to be furnished by this
Claimant in other cases of this nature.

Signed
I am the Defendant - I believe that the facts stated in this form are true

---

With respect to the 50 page response I received from the company in question, I don't have it in a format other than a paper document of 50 pages. Please can you advise what is the best way to put it on here / share it? I can scan and put into a PDF, but not sure if you can do that on this forum and also wary of having too much info available online. TIA!

Is anyone able to help please? Just need to know how I can best show the 50 page response by them in this forum?

Redx

you cant and you dont need to

you do need to put in a defence as explained in post #5 of the newbies thread

but as its a legal problem not many people are going to advise you so you need to learn some patience and hope those who can help will do so

ie:- this forum isnt about MCOL or debt collectors, they are an unfortunate side effect of the particular issue that caused your MCOL (or any LBCCC and there are many issues that can bring about an mcol as well as parking)

I am not going to comment about your defence as its not my area of expertise, but in the bargepole thread he does warn against submitting template letters, as you need to tailor your own defence

Coupon-mad

That defence isn't half bad as a basic first response - good enough to get accepted as a defence anyway. Of course you can and should add more meat to the bones when you get a hearing date and have to file your actual defence you will be relying upon, and your evidence.

You could just rebut the Beavis case which they'll have 'mentioned' in that 50 page twaddle:

The Claimant may rely on the ruling by HHJ Moloney, in ParkingEye v Beavis & Wardley. The facts of that case - which is proceeding to the Court of Appeal - differ significantly and can be distinguished from the present case on a number of factual and legal points. This charge is not commercially justified.

And I would just end it:

' I deny that I am liable to the Claimant for the sums claimed, or any amount at all. I invite the Court to strike out the claim as being without merit, and with no realistic
prospect of success. All evidence and transcripts referred to will be provided at least 14 days before any hearing date. '

And make sure it's dated and has your (the defendant's) name on it. You don't post it, you can submit it via MCOL which is best.

And you really DO NOT need to show us that 50 page drivel again (it's bog standard)!

So once the defence is in, then move on to a serious complaint to the retail park owners even after all this time (this is harassment by their agent and you must complain assertively!). Don't give away who was driving in your complaint. Google search the name of the retail park to find who runs it.

And get yourself the Parking Prankster Guide (one of the links in post #5 of the newbies thread).

And be ready for the N180 DQ (mentioned & linked how to complete it in the Newbies thread post #5).

And be ready to then ask for POPLA or a stay for the Beavis case instead (yep you should assume your local Judge has not read the above and so it's a good idea IMHO to politely write a covering letter and ask again for the case to be 'stayed' once the N180 is in and the case is local to you). This doesn't always achieve the desired 'stay' but sometimes Judges will (as shown in links in the newbies thread post #5).

If you get as far as a hearing date being set then come back and tell us when/where and to ask for further help re the defence bundle.

ampersand

Just in.
Thanks so much Redx and c-m for posting as you have.
alex, I can add nothing material to those posts above.
#
Read them carefully.
Check each point made by c-m, then make sure you have followed it.
Any Court appearance can be near you, after your N180 is in, if you ask for this and it proceeds that far.

This WILL be over,alex and you will still be alive and kicking. You still seem a bit bunny-in-headlights. Don't be. We all start that way until finding and following the help on here.

You can then shred PE's wasted trees, but keep your own docs on file.

Just a POI, alex - have you checked your January 2013 Bank statements to identify any location-relevant purchases for that day?

You still haven't answered these simple points from#7-
Event where?
Date?
Sequence of p/w. Do you have copies?
#
Next, you haven't yet done what you said yesterday you'd do, here:
'As all the information is at home, I will give the full details of what's happened so far either later today or tomorrow'

You've still time to make good on that and I'll look in until bedtime.
#
alex - are you beginning to see how you have to become organised, be logical, write simply, answer ?s, do as told:-)[being v.nicely said by a virtual grand-mère]

Have you identified the landowners? We can show you how.

We ask the time/date as lack of visibility[this was January, hence low-light winter at least]can be built into your later Statement of Defence, should it become necessary.

Now come on alex, help us to help you.

Otherwise, read#12 and pay up for someone else to do it - success NOT guaranteed. But then you should know by now there are no guarantees in Life.

I'd set you a haka to fire you up, but will be taking it to the ABs' Bledisloe Cup match vs Oz tomorrow morning in a Fens rugby pub.

You have homework, so crack on with it, alex.

Coupon-mad

Just to say, don't shred anything the claimant sends you. Your defence may need to refer to some of the drivel and it's just not a good idea to shred court-related papers.

ampersand

Evenin' c-m,


Hoped it was clear I meant AFTER all was over and done with, after preceding 2-line para.
Anyway, al ist klar now.

Coupon-mad

Oh OK, nope but it is now - yep he can shred the wedge of paperwork after he wins in court, or gets the case stayed for POPLA and wins!

ampersand

alex - you've just under 2hrs to keep your word;)
'As all the information is at home, I will give the full details of what's happened so far either later today or tomorrow'