Parking Eye Lose In Court

trisontana

This from PPP:-

http://forums.pepipoo.com/index.php?showtopic=96042&hl=

Very pleased to say i've returned from court today having successfully defended the Parking Eye case against me.

Right from the start I've defended this claim with PE claiming £100 for a 16 minute stay in a pemit controlled area. Not only did PE deny me the opportunity to appeal through POPLA they have also refused to obey the request from the business operating on the premises to cancel the notice. In addition to the above points the case was defended on the grounds of illegible signage, no contract or genuine pre estimate of loss and the fact that no evidence was provided to show my vehicle was "parked".

After 9 months of non cooperation from PE I attended the hearing today at St Albans County Court. Early on in proceedings District Judge Cross criticised PE for providing a near identical bundle and defence in every case with little or nothing to distinguish between each.

The DJ continued by questioning PE on the location of the ANPR cameras, the LPC advocate was unable to submit any evidence to show the location and the DJ was not prepared to infer they were necessarily by the entrance as was put forward.

Further to this the DJ highlighted that this was in fact a "parking notice" and no evidence was shown to prove the vehicle was parked and was not prepared to infer this either, the DJ accepted my argument that it was quite plausible for me to have remained in the vehicle, outside a bay for such a short period, with say, the engine running and for this not to be construed as "parked", but rather waiting or otherwise.

In summary the DJ was in full agreement that the miniscule terms and conditions on the signage were insufficient to allow me to knowingly enter into a contract with PE. Nor was the entrance sufficiently marked with a barrier or a narrowed entrance which would suggest restricted parking or permit control was in play.

With this in mind the case was dismissed.

Once again PE went ahead against the landowner's request to cancel the case , but they paid the price.

peter_the_piper

Once again a ppc does not understand the difference between owner and hired help.

trisontana

Evidently DJ Cross is not a big fan of Parking Eye, their paths have crossed before. You can see that by the way he criticized PE 's generic court bundle.

beardywierdy

What did the DJ say about the pre estimate of loss argument?

trisontana

beardywierdy wrote: »

What did the DJ say about the pre estimate of loss argument?

I don't know, I am just relying on what the defendant posted on PPP.

Umkomaas

The thread was bounced by mods far too quickly to the Completed Case Summaries section after it appeared on the main Parking Tickets section yesterday evening. It won't get the exposure it deserves now, but your linking it here trisontana will help - thanks.

I hope Pranky will blog it soon.

The_Slithy_Tove

Umkomaas wrote: »

The thread was bounced by mods far too quickly to the Completed Case Summaries section after it appeared on the main Parking Tickets section yesterday evening.

If the OP had appended that post to the exiting thread (assuming there was one) rather than creating a new one, then it would still be visible there.

trisontana

In other news, the Snowdon Mountain Railway judgement was handed down unopposed yesterday. That case did rely on no GPEOL on PE's part.

trisontana

This was the original thread on PPP:-
http://forums.pepipoo.com/index.php?showtopic=92596&hl=

Hi,

Any help with the following would be greatly appreciated.

Some time ago I received a PCN from Parking Eye after straying into a permit controlled area for a very brief period. I have no intention of paying whatsoever. This was contested on a number of grounds and Parking Eye have failed to provide a valid POPLA code and have refused to cooperate when I have appealed this. POPLA have also declined to intervene.

Subsequently Parking Eye have now issued court proceedings which I have acknowledged with intent to defend. I'm currently in the process of preparing my initial defence however time is of the essence.

In my favour I've managed to trace and visit the land owner with a copy of my original PCN which they have verbally agreed to cancel with their contact at Parking Eye. Having followed this up a little further down the line, the landowner has assured me they have requested cancellation of the PCN by email and this is then cancelled as a matter of course. The Land Owner apparently does not receive any form of acknowledgement but advised of a 100% success rate.