Help parking eye taking me to county court & had paid RAddison blu

Beckym66

Just filling in defence for county court. Went on holiday last year, parked at RAddison Blu hotel, staying the night getting 8 days car parking, paid an extra days due to coming back overnight. Then had 2 PCs notices come, one for in & one for out. They cancelled one when sent in evidence from statement showing payment, but now taking me to court for the other one. I have a receipt from RAddison blu showing a package rate £161 & underneath off-site car parking £15 (extra night/day). What do I say in defence. We arrived parked the car, put in our car registration number, left our keys with them. Went on holiday returned, collected our keys and drove off. Then enclose the above receipt. Is that enough. Please help.
Thanks

Redx

no , you need a lot more than that , especially legal arguments like no locus standii , poor signage etc , query everything , accept nothing

look at PE court claim threads to get an idea

read parking pranksters court guide

by all means add info about what happened and what was paid for with receipts

the initial defence is a short , bullet point HOLDING DEFENCE , not the full blown one

the FULL defence comes later down the track

have you acknowedged the claim ?

dont write anything in the defence box yet

dont contest jurisdiction unless its outside of england and wales

Coupon-mad

Beckym66 wrote: »

Just filling in defence for county court. Went on holiday last year, parked at RAddison Blu hotel, staying the night getting 8 days car parking, paid an extra days due to coming back overnight. Then had 2 PCs notices come, one for in & one for out. They cancelled one when sent in evidence from statement showing payment, but now taking me to court for the other one. I have a receipt from RAddison blu showing a package rate £161 & underneath off-site car parking £15 (extra night/day). What do I say in defence. We arrived parked the car, put in our car registration number, left our keys with them. Went on holiday returned, collected our keys and drove off. Then enclose the above receipt. Is that enough. Please help.
Thanks

DO NOT rush to fill in a handwritten defence on the court papers. This is not about bunging down the 'story of what happened'.

You need to 'acknowledge service' online, which extends the time to fill in the defence to 28 days from service of the court papers. Covered on every single other court defence thread here and on pepipoo forum too:

http://forums.pepipoo.com/index.php?showforum=60

Firstly, read 'Small Claim?' in the NEWBIES thread, near the top of the forum and click on the link to bargepole's advice about the paperwork.

Tell us once you have acknowledged service (AOS) the claim. Leave the defence box BLANK.

Do not reply if you are sent a private message by a poster with less than 1000 posts, offering to 'help'. You never know who they are and we do not do this off-forum (if we did it would only be a regular with thousands of posts to their name, contacting you).

The_Deep

no , you need a lot more than that , especially legal arguments like no locus standii , poor signage etc , query everything , accept nothing

I could not disagree more, I wish people would credit judges with some common sense.


If you owe the PPC nothing just tell it like it is. It is a small claims cour, you are only able to claim £50 in legal costs, why on earth do you need to become a barrack room lawyer.

Coupon-mad

DP, her main point will be the fact she paid to park. But she does need to know about the Beavis case etc., because she will be railroaded at the hearing if not well prepared for what PE will say. She's asked us 'is that enough?' - the answer is no, she needs to be far more prepared - and she certainly does not 'enclose the receipt' at this early defence statement stage.

The OP needs to stop (what it sounds like) frantically writing on a piece of court paperwork and instead take a breath and read what to do when. Starting with the NEWBIES thread and the links under 'Court Claim?' Then reading other defences to see how to set it out.

Main thing firstly is to complete the online AOS.

Redx

which is why there should be an ANTI-BEAVIS bullet point in the initial defence

BARRY BEAVIS told it like it was , and lost , 3 times !!!!

always query signage , in case something is brought up , like the fact that the OP had to put the VRM into a machine (probably for PE`s benefit) but maybe there was a machine problem or the signage on the machine wasnt good enough to register the extra parking time that was paid for ? or it wasnt made clear they they had to do it on more than one occasion ?

this registration process and signage is where the whole parking contract collapsed IMHO - because if it had gone to plan there would not have been 2 postal pcn,s at all

always query locus standii , as I dont believe the raddisson will have given permission as landowner for this to go to court , especially if they knew the facts

hence the OP should get their take on the matter and get them on her side, especially if they are the landowner , preferably in writing

for all we know there may be NTK errors or POFA2012 failures by PE (it does happen) , so why not include those as well ?

the more points the OP makes , the more likely the PE LLP wont have "a leg to stand on"

the OP should retain all original documents etc until the court hearing , providing only copies beforehand , paper evidence is crucial , including the cancellation of the first pcn , especially if it was in writing

I hope the OP wins on the facts of the details in post #1 , but I didnt see england play tonight without a few subs on the bench !!!

maybe the judge will throw it out when they see a well worded holding defence and realise the claim is without merit and unwarranted ?

acknowledge the claim is number 1 priority here , then calm down , take a breath , stop writing and start learning , that is what the OP should do

and STOP FILLING IN THE DEFENCE !!! NOW

panic over , breathe

Umkomaas

@OP - have you complained vociferously to Radisson Blu? They've had your money, they were taking care of your car while you were on holiday, after paying to stay with them - they contract with ParkingEye and, as the principal to that contract they have the capacity to have this cancelled for you.

You must tell them, that having paid them for all the parking time consumed, their contractor is now taking you to court, and by implication, they (RB) are condoning this action against a paying customer.

Ask for the name of a senior manager, and a list of dates over the next 6 months when he/she won't be available as you will be calling him/her as a court witness when it gets there. Remind them that the case will be heard at xxxxx (your nearest town) county court (hopefully hundreds of miles away from the RB hotel!!).

System

What do I say in defence. We arrived parked the car, put in our car registration number, left our keys with them. Went on holiday returned, collected our keys and drove off.

@OP - have you complained vociferously to Radisson Blu?

It would appear the OP was neither the driver or the keeper at the time. Add that into the defence plus hassle the hotel,

paulstevens64

Hi, is this at Stansted?


If so try this guy:


Matthew Cook

Head Concierge

T: +44 1279 661012, +44 1279 683569

F: +44 1279 661013

[EMAIL="matthew.cook@radissonblu.com"]matthew(dot)cook(AT)radissonblu.(dot)com[/EMAIL]

He got two of mine cancelled, and was helpful in the process.

The_Deep

BARRY BEAVIS told it like it was , and lost , 3 times !!!!

Yes, but BB overstayed by 50 minutes and ignored all attempts by PE to contact him. I am struggling to see why you think that this is an apt analogy.

As far as I understand the situation, this lady paid for nine days parking, but PE say she only paid for eight. All she needs do is show the judge receipts for nine days and the claim surely must fail..

Has PE already not conceded that they were mistaken in accusing her of not paying for eight days? Why then does she have to employ obtuse legal argument with which she is, no doubt unfamiliar?

(Text removed by MSE Forum Team)

Half_way

What have Radisson blue said about this?
The original poster should be coming down on them like a ton of bricks, for all the hassle and stress they have caused as result of allowing parking eye to operate as their agents.