Parking Eye & 'Letter Before County Court Claim'.

Coupon-mad

chambta wrote: »

I suppose there's a good chance I hear nothing back from them.

No, there really is NO CHANCE of them not replying or doing something. PE do not drop the ball at this stage.

Oh, and do not reply to any private message from a poster with less than 1000 posts to their name here. We deal with these issues openly on the forum and any pm could be from anyone at all (even the parking firm) and any private message about this is not recommended to be replied to/read.

chambta

So lose, lose for them on an individual basis but any 'wins' can be cited as per my letter when attempting to shake down 'offenders'?

chambta

Coupon-mad wrote: »

No, there really is NO CHANCE of them not replying or doing something. PE do not drop the ball at this stage.

Oh, and do not reply to any private message from a poster with less than 1000 posts to their name here. We deal with these issues openly on the forum and any pm could be from anyone at all (even the parking firm) and any private message about this is not recommended to be replied to/read.

I should have been clearer. I meant a reply to the points in my email.

Thanks for the advice. I sense you enjoy this!

Coupon-mad

Some of us do enjoy this because we are able to help almost every poster to NOT pay a private parking charge. We regulars make quite a difference in lots of ways, posting help in our own time for free. It's good as a pastime, when you know what to look for and argue in appeals & court defences (easier over time).

And we are glad to hear you are up for the fight.

small car-park behind a pub.

Sounds like one we've had before which was very badly signed. The Crewe Arms or somewhere like that?

chambta

I help others on subjects I would consider myself knowledgeable on. This though isn't one of them!

I reckon if I posted the exact location Parking Eye (reading this no doubt) would know exactly who I was. Not that it changes anything I dare say.

Coupon-mad

It really won't matter - different if it was a smaller firm but PE do thousands of these and you showing your face here won't matter IMHO.

chambta

It was at The Sun Inn, West Bars, Chesterfield.

Coupon-mad

https://www.whatdotheyknow.com/request/planning_consent_for_signage_and_2?unfold=1

No planning applications for the signage there. The Parking Prankster reported about two cases discontinued when a decent defence was submitted about yet another site where they had failed to get advertising consent for the signs, so take heart and you could attack the LBCCC assertively on this basis:

http://parking-prankster.blogspot.co.uk/2016/08/parkingeye-discontinue-two-cases.html

''2.4 The Judge’s attention is also drawn to RTA*. This case is drawn to the Court’s attention for the purposes of evidencing paragraph 34 in which the Judge discusses the relevance of the public law principle going back well over 200 years that no man should profit from his crime; it is submitted that this is particularly relevant in this action. The Judge cited Lord Mansfield CJ to explain that:

“The principle of public policy is this; ex dolo malo non oritur actio. No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.''



*References in this defence to RTA are references to RTA (Business Consultants) Limited v Bracewell [2015] EWHC 630 (QB) (12 March 2015).

chambta

Wow. Interesting stuff. This actually could be good fun.

If I were them I'd see me as more trouble than I'm worth if I go in on that angle ahead of any court date.

waamo

The best tactic is to ensure they can't send template replies to you. Once a human has to think and compose replies to your question it becomes expensive for them.

Always reply to them and keep dialogue going. Court is always supposed to be a last resort and so as long as you are trying to reach a solution they are supposed to try and avoid court.

They don't always play fair though but if you can avoid court it's worth a try.