New Generation Parking advice

hoohoo

You need to acknowledge the claim and file a defence.
You opening post is mostly your defence.

I would also quote ParkingEye v Beavis stating the charge is too high as laid down by the Court of Appeal. There, if a charge is not a GPEOL it may be saved as a penalty if there is (a) social justificiation and (b) the charge is no more than that needed to deter, and a comparison with council charges is useful. In this case there is no social justification, and council charges are £25/£50.

also

The charges are unlawful, as they are in breach of the Unfair Terms in Consumer Contract Regulations 1999, specifically regulation 8(1) of the Regulations and article 6(1) of the Unfair Terms Directive (in providing that an unfair term is not to be binding on the consumer), which is to redress the imbalance between the contracting parties’ bargaining power, and to re-establish equality between them. The European Court case of Aziz v Caixa d’Estalvis de Catalunya, Tarragona I Manresa [2013] 3 CMLR 5 provides authority for this, and it is submitted that European Court of Justice decisions must be taken judicial notice of by lower courts in England and Wales. The test established in this case is whether the contract would have been agreed if both parties had sat down with lawyers to negotiate.

"With regard to the question of the circumstances in which such an imbalance arises ‘contrary to the requirement of good faith’, having regard to the sixteenth recital in the preamble to the directive and as stated in essence by the Advocate General in point 74 of her Opinion, the national court must assess for those purposes whether the seller or supplier, dealing fairly and equitably with the consumer, could reasonably assume that the consumer would have agreed to such a term in individual contract negotiations."

Dave82517

Ok so ive had a reply from 'Right hassle' stating

we do not accept your defense and we have written to the court to inform them that we require this matter to progress to a final hearing.

The court of appeal held in Parkingeye v beavis that the parking charge was not unfair under the unfair terms in consumer contracts regulations 1999.
Please not that in parkingeye v beavis it was held that, although the dominant purpose of the charge was to deter a breach, the charge was not extravagant or unconscionable and was commercially justified.

Aside from trying the angle that the photos do not clearly show if the vehicle is occupied or not whats my next step?

Quentin

Them writing this to you is just a tactic to bully you into paying.


(Fortunately, the Judge won't take any notice of whether the Claimant accepts the defence!)

Herzlos

Have you complained to the SRA about them yet? Did you get a reference?

What have you actually had from the court? Did you acknowledge the MCOL?

Dave82517

Today ive received a directions questionnaire from the court about the small claims track and mediation.

Redx

as this is already in the small claims track you need to read post #5 of the NEWBIES sticky thread, plus the parking pranksters court guide book and start defending it

this is no longer about parking, its about an unpaid invoice and you are in the small claims track for it, so get reading and defending yourself

this forum is not a legal advice forum, its about parking, in your case its no longer about parking, but an alleged debt that is being legally pursued through the small claims court , one you need to try to steer towards popla for ADR and/or a stay pending the Beavis case outcome next month, or dismissal due to no locus standii etc

Dave82517

ive already filed the defence as you can see was advised further up this thread! And had a response from them and now received the above forms from the court.

Herzlos

Make sure you return it within the given time. You can do this just by selecting that you intend to defend it, and you get a couple of weeks to provide a full defence (it's all detailed in the paperwork).

Mediation is up to you; you'll meet with a representative and a civil servant and the rep will refuse to accept anything but the 100%, and you'll presumably not want to give them anything.

You should be able to request Alternative Dispute Resolution in the form of POPLA (as they are BPA). There's plenty of precedent for this, and you feel it'll save the court time. NGP will again refuse, but you look reasonable, and if it does go to POPLA you'll win.

Then you can start reading up on how to defend properly. Parking Pransker have a guide available for a couple of quid which should tell you all you need to know.

Edit: Just seen your reply. What questions is it asking you?

Redx

I read that, my point is that this is a legal problem and you seem to want free legal advice and the NEWBIES sticky thread post #5 has all you need to take this further if doing it yourself

so I am at a loss as to what you want from the members here now ?

its a game of ping pong, back and forwards , possibly even getting before a judge if its not settled beforehand or thrown out, so as the papers come in and you move from stage to stage you need to be dealing with it, which is why post #5 of the NEWBIES thread has explanations and pranksters book explains more of the legal process

you also havent answered the questions about what happened to the complaints to trading standards and the SRA either

Dave82517

Do you agree to this case being referred to the small claims mediation service.
Do you agree the small claims track is the appropriate track for this case.
At which court hearing centre would you prefer the small claims hearing to be held at and why.
Are you asking for the courts permission to use the written evidence of an expert.
How many witnesses , including yourself, will give evidence on your behalf at the hearing.
Are there any days youre not available in the next 6 months.