General Form of Judgement or Order

2bFrank

Hello,

I have just received a letter from the court about my parking eye court case. The case was seen last year, but was stayed until the decision of the supreme court case. However now that the supreme court case has been decided, I received the following letter from the court

General Form of Judgement or Order
Before District Judge sitting at the County Court Bolton, the Law Courts.

Upon the Claimant's application to lift the stay, and Upon it appearing to the court that the Defendant's Defence discloses no defence to the claim.
It is Ordered:

1. The defence be struck out pursuant to Rule 3.4(2)(a) of the Civil Procedure Rules 1998 ('the CPR').
2. There be judgement for the claimant against the Defendant in the sum of £70.00 plus costs of £100.00
3. As this order has been made by the court of its own initiative pursuant to the rule 3.3(5) of the CPR, any affected party may apply to have it set aside, varied or stayed. Any such application must be made by notice pursuant to CPR part 23 and must be made within seven days of service of this Order.

I am unsure what this all means. I take it I lost the case, but there is no information on how to pay this nor what to do next.

Also I wouldn't mind but the original court case amount that parking eye filed for was £150, why is it now £170 that I have to pay.

Any advice would be gratefully received.

Coupon-mad

The court has decided of its own volition that your defence shows no grounds...probably assuming 'oh look it's a ParkingEye case so it MUST be the same as Beavis'.

You have 7 days to disagree, so was your case an overstay in a retail park with no other grounds that distinguished it from the Beavis case?

2bFrank

Thanks for your reply.

I had another part of my defence, where the contract that they had with the landowner was invalid, but that was more of a long shot.

Guess I lost the case, just a bit miffed why the cost is not £170 from £150.

Do you k ow what the next step is now, will I get a form to fill in to pay or do I pay parking eye directly.

Half_way

Without knowing why you were issued a parking charge in the first place, and at what location any advice on how you can save yourself the £170 will be hard, if not impossible to give, as Coupn mad says

The court has decided of its own volition that your defence shows no grounds...probably assuming 'oh look it's a ParkingEye case so it MUST be the same as Beavis'.

Answer these for further advice,

1: Where was the vehicle parked? - Supermarket ( if so what one) Retail park - if so where? pub car park? other?
2: was this a free for X amount of time or pay and display, pay on exit, confusing enter reg/guess the time set up?

All the above will help in establishing the differences between you and Beavis, and in turn this could save you £170 and help others in a similar situation, unless you cant be bothered to fight and are happy to fund Pakring eyes operation and not too bothered about saving yourself money.

2bFrank

Hi half way,

Thank you for your reply.

I was parked at a retail park in wythenshaw, Manchester it has a supermarket and some other shops.

It was free for 2 hours, no pay and display.

I don't mind fighting it at all, I have done previously, but the case got stayed, pending the Supreme Court decision. I am also glad it's cost parking eye in paying for someone to attend the first time.

I don't want to fight though if I've got little chance, especially as it will cost me wages as I have no holidays left to use.

If it's not worth fighting, I would like to know what the next step is, if I've got to pay this, then how do I pay it?

Thanks again for your help.

hoohoo

Everything will depend on the signage. If the signage wording was poor or signage coverage is bad, then there is a case.

As the judge could not have known this, he was wrong to strike out the defence, but that's judges for you.

Quentin

2bFrank wrote: »

I would like to know what the next step is, if I've got to pay this, then how do I pay it?.....
.

You must send the amount on the order to the Claimant directly (not the court).


If you decide to pay then if you do so within 30 days of the CCJ you have now received then this won't appear on your credit record etc. So get proof of posting if you decide to pay.


(If you don't pay till after the 30 days then it will be put on the register of CCJs and will remain there for 6 years (even if you subsequently pay up)


If you decide to appeal then you don't pay anything unless you lose the appeal when the 30 days to pay would start again

Half_way

I was parked at a retail park in wythenshaw, Manchester it has a supermarket and some other shops.

any chance you could elaborate on this? is this a morrisons with a few other shops, or a standard multi use retail park?

It was free for 2 hours, no pay and display.

How long was your overstay, 10 minutes or less? 15 minutes or less? 30 minutes or less, or longer?

If it was under 10 minutes then PE are not following the BPA code of practice with regards to grace periods, which wouldn't be the first time parking eye have issued tickets for minor overstays.
Also one aspect of the Beavis judgement is that the PPC will adhere to the code of practice, there are not many ( if any ) car parks that do this.
Another aspect is any cancellation clause, hence why the question on retail park/supermarket/what supermarket Some supermarkets will cancel parking charges on request, if you weren't aware of this then thats another angle.

However at this stage the big question is:
do you want to appeal this, or just roll over and pay up?

hoohoo

Quentin wrote: »

If you decide to appeal then you don't pay anything unless you lose the appeal when the 30 days to pay would start again

I'm not sure this is correct, and if wrong will wind up with you having a CCJ. Best to check this.

Barry Beavis, for instance, paid up straight away, then appealed all the way to the Supreme Court.

Quentin

hoohoo wrote: »

I'm not sure this is correct, and if wrong will wind up with you having a CCJ. Best to check this.

Barry Beavis, for instance, paid up straight away, then appealed all the way to the Supreme Court.

The Beavis case wasn't initially handled like this one (without a hearing)!

As this order has been made by the court of its own initiative pursuant to the rule 3.3(5) of the CPR, any affected party may apply to have it set aside, varied or stayed. Any such application must be made by notice pursuant to CPR part 23 and must be made within seven days of service of this Order.

The court have given the defendant 7 days to appeal/have it stayed etc.


Only if he decides not to, then the CCJ stands, and needs paying to avoid going on the Claimants credit record etc

The_Slithy_Tove

2bFrank wrote: »

I had another part of my defence, where the contract that they had with the landowner was invalid, but that was more of a long shot.

Hardly a long shot. If they really do not have a (valid) contract with the landowner, then they have no standing to make a claim. The Beavis case depended heavily on PE's "interest" in the land (backed up in that instance by PE's monthly payment to the landowner). No contract: no interest: no claim.