parking eye summons to court

Ivor_Pecheque

I was unsure about the summer/winter transition time. Parking Eye's records seem incomplete.

Our "Parking Event" occurred in late May.

One arm of our defence did concentrate on the aspect of the changeover, there is some ambiguity between when "Winter" becomes "Summer."

I used the opinion of the Met Office, who confirmed that the end of May was not summer. The Judge, quite rightly, suggested that the Met Office are not known for their accuracy.

I've photographed this site on many occasions, and can confirm that, in June, Summer signs are usually evident. They do not, however, reflect the true "Genuine Pre-Estimate of Loss," claimed by Parking Eye.

(And I'm on your side of righteousness :-) )

Ivor_Pecheque

PS, wasn't local at the time, hence the case was heard at Altrincham County Court.

Local County Court to Fistral is Truro I think. I've not heard to many success stories from Truro.

Ivor_Pecheque

The Judge wasn't impressed with signeage arguments :-) Although some are.

Coupon-mad

I was at Fistral in April 2014 and there are NO SIGNS as you walk down to the beach (so Ivor PE Cheque is right about the X next to a missing sign). And there are NO SIGNs beside the shop/wet suit hire/toilets even though there is a clear run of bays all along beside it which looks like it's a free car park.

You could park up by the 'wet suit hire' and hire a suit then walk down to the beach and never pass any sign neither near your car or anywhere in view. You could also park right in the middle row - there are no signs there (I also have pictures of the lack of signs - but they are saved in a way I can't link here, so ask if you want them).

I asked my friends whether they had noticed any parking sign as we drove in (I knew about this car park and had looked specifically for it. There was one at the entrance but it wasn't obvious, and a CCTV warning sign which doesn't say it relates to parking - you would just think it's a good thing to stop theft, etc.!). None of my friends had seen any signs at all. None of them knew it was pay and display until I pointed it out.

errrcantthinkofone

thanks all ,ive had a letter from parking eye the other day saying they didn't accept my defence (suprise) and wish to proceed to court,without any offer of mediation or out of court settlement,ive had another letter from court today saying it is now a defended claim,and the case is suitable for a small claims track,should i go for the out of court mediation the N180 form suggests or let it go to court,if i go for the mediation can it be heard at a local court because northampton is 300 miles away,any help please

Redx

I wouldnt go for mediation as they would try to get you to settle

you can ask for it to go to your local court , northampton is just the default bulk handling centre for these MCOL,s

Ivor_Pecheque

Mediation does give out a message that you are being reasonable.

In our experience it was a waste of time though.

Try offering them a liberal estimation of GPEOL (fifteen quid), and tell the Judge that you have done so.

The legal stooge will try and shout you down, but be yourself.

errrcantthinkofone

thanks ivor could i use couponmads template letter mentioning a drop hands offer with a gpeol of £15 in paragraph 2 to avoid court or do i just send a straight letter offering the GPEOL as an alternative to court ????

Coupon-mad

You could send a straight letter offering £15 if you want, marked 'without prejudice save as to costs'. But also be ready to ask the local Court, after your Directions Questionnaire, for a 'stay' of the case for the PE v Beavis 2014/2010 Court of Appeal outcome (hearing on 24.2).

As explained in post #5 of the NEWBIES thread.

errrcantthinkofone

thanks coupon-mad is a letter or email better???