County court judgment against the wife over a year old

mrelliott

Thanks, as i said I'm confident we could win the defence it's just whether the judge feels parkingeye should of sought my wife's address before court action. Oh the supermarket was the range.

Half_way

The range are one of those nasty retailers that dont care about customers.
However there may be some mileage in generating some bad publicity about what has happened to you as a result of the actions of the Range ( via their agents parking eye )
there may also be another angle with the range as a few of their sites are owned by Tesco, and where Tesco are the landlord Parking eye have been sent packing.

theres some useful information here http://forums.pepipoo.com/index.php?showtopic=82961&st=20

If any of that can be applied to your situation then this could stir up trouble for the Range, and Parking eye.

mrelliott

In terms of who can take my wife to court in regards to parking on private land, I've done a land registry check and it comes back with a company that's in a dormant state. As far as I can tell it has nothing to do with the range or cds superstores limited? So can somone clarify for me the difference between land owner lease holder , or other such terms used to describe somones ownership of property please. Thanks !

Coupon-mad

Landowner would be the overall person or company which owns the freehold title to the land itself. Leaseholders could be the retailers who have occupancy and propriety rights like someone who owns a leasehold flat does (yet the overall land is owned by a freeholder).

Who is showing as the landowner/leaseholder?

If a volunteer person offered to help with your defence and to lay rep for you in court, but said you needed to write a witness statement yourself, that would be correct if they were providing help for free. A witness statement is merely a short summary of the facts as you know them (such as 'I am the registered keeper of this vehicle', 'it was at the car park in question on that day', 'the driver was a genuine customer' 'the driver did not see any signs and relied upon the fact the car park is free as stated on the Range website' (that sort of thing). That's not the defence and would clearly have to be written - or at least drafted - by you as no helper could make those basic facts up and it's not a big deal to write.

Have you seen & read all the links in post #5 of the NEWBIES thread:

http://forums.moneysavingexpert.com/showpost.php?p=64350600&postcount=5

and this blog about getting a PE case set aside:

http://parking-prankster.blogspot.co.uk/2014/11/prankster-guide-to-getting-parkingeye.html

and this blog about the deliberate way PE do this, not bothering to use Trace before court but then scurrying to find people afterwards:

http://parking-prankster.blogspot.co.uk/2014/11/parkingeye-issuing-stealth-ccjs.html

As others have said, PE have 'Set Asides' against them every week; we know as some of us see the court listings every day.

IMHO no ParkingEye cases should be getting near a court hearing of the first instance while Beavis is being appealed, but of course PE don't tell people and Judges haven't a clue unless they hear another way. So it's up the defendant to find out about the Beavis Court of Appeal case and to ask for a stay until it is decided (and people who don't research it, get stuffed like this poor victim):

http://parking-prankster.blogspot.co.uk/2014/12/parkingeye-win-in-court-shooting-fish.html

It should not be a problem for you to get this set aside merely by showing you have significant prospects of success as the charge was not based on a GPEOL and the case PE are hanging their hat on is unsafe to rely upon and any similar claim should be stayed until say, April 2015, after the Beavis decision is handed down in March.

mrelliott

Thanks for the help coupon-mad, I think I've read probably every thread going on this website and its probably the reason why I have been getting a bit confused! As I say I'm confident that we have a good chance of winning the defence, and a little more confident that the judge will allow the set aside.at what point in the court process can we ask for the defence hearing to be heard after the bevis case?
The site I'm referring to , it's registered owners are coife nominees limited. So am I right in thinking that even if parkingeye produces a contract with the range it will still be invalid as coife nominees is the registered land owner?
Also with reference to the 2 offers of help with the witnesses statement, I was very willing to pay a small fee for their help in writing the witness and acting as lay reps. But i think what happened was it was obvious to them that I had done a lot of reserch myself and that they wouldn't help me any further. Conserquently both offers wasted a lot of our time.
As I say coupon-mad, your help is is extreamly appreciated.

hoohoo

If the Range lease the land from Coife Nominees then the contract will be fine.

If the judge agrees for the judgment to be set aside and the case to be reheard you can ask for 'directions' which would include the case to be stayed until after Beavis. There is no harm in submitting your directions earlier.

Something like

I requiest the following directions.

1. The case will then be stayed until after the result of the ParkingEye v Beavis

2. Following the result, ParkingEye to confirm whether they want to continue with the claim

2. ParkingEye have not provided detailed particulars of claim to allow me to defend the case. I therefore request that ParkingEye provide the following information if they wish to continue the claim, within 14 days, a,b,c,d,e (stuff you need)

2. Following that I will file a defence within 14 days.

...or some such

BenefitMaster

hoohoo wrote: »

If the Range lease the land from Coife Nominees then the contract will be fine.

If the judge agrees for the judgment to be set aside and the case to be reheard you can ask for 'directions' which would include the case to be stayed until after Beavis. There is no harm in submitting your directions earlier.

As its a Range case, wouldn't directions like Lainiee be useful? It might help scare PE off too

mrelliott

BenifitMaster, I don't see how directions from the lainiee case would help me as as far as I can tell that ladies defence replied upon equality and discrimination.
Is there a way I can find out if the range lease the site? If so does that make them tenants, without the power of the landowner?
Thanks for the replies people, I'll keep this updated throughout the process.

BenefitMaster

mrelliott wrote: »

BenifitMaster, I don't see how directions from the lainiee case would help me as as far as I can tell that ladies defence replied upon equality and discrimination.

Nope, it relied on the fact that ParkingEye didn't do things legally, and got the matter forced to POPLA, where a simple appeal won.

mrelliott

Thanks I'll have a proper look into it