Too late to appeal? Parking Eye Court Claim

Carthesis

My apologies - when I've come back to this I've just realised I misread this and thought you were at post-PPC appeal rather than already at LBCCC stage.

I'll bow out of any more input as I have no experience of County Court claims, but I'd echo what everyone else has said that, given the circumstances, there is absolutely no harm whatsoever in writing to PE and making the offer of a reduced fee to settle if you'd prefer to avoid the stress of court. If absolutely nothing else, it shows your willingness to mitigate costs and avoid a claim which will waste the time of a court, which can only be in your favour should it go so far.

Umkomaas

fedupex wrote: »

Coupon-mad you're a total star, thank you! Very considerate of you to provide the email address and subject heading for PE alongside all that other advice. I have just acknowledged the claim on MCOL and stated my intent to defend, buying myself a further 14 days. I will ask my ex whether he'd rather we make an offer or go for the full defence, (£15 each would be manageable if they were to accept an offer of £30). If they won't accept an offer I'm fully prepared to go to court alongside him even if I have to be wheeled in there!

It's your ex who must be doing this as the parking ticket was issued to him as was the court claim. Have you acknowledged in his name or your own name?

fedupex

Hi Umkomaas, I have done it all in his name as I feel ultimately responsible, can do it lying down and he hates anything to do with computers! Thank you for your time

The_Deep

Why should you give them a penny. A council would almost certainly cancel and if it got to an adjudicator he/she would be likely to throw it out anyway.

Give the PPC as much grief as possible, it costs them money.

Umkomaas

fedupex wrote: »

Hi Umkomaas, I have done it all in his name as I feel ultimately responsible, can do it lying down and he hates anything to do with computers! Thank you for your time

That's good. He will also have to appear at court, but you can also attend with him. Check out 'McKenzie Friend'.

fedupex

Hello again, I emailed Parking Eye with an offer but have heard nothing (surprise surprise) and so I would like to ask for help submitting a defence please. I have a few days left. Having read through a few defence examples, I'm pretty confused as to what I should include seeing as I'm only contesting the fact that the ex shouldn't be liable for such a charge considering the overstay was only about 20 minutes and due to my disability.

I read Parking Eye V Cargius and the only defence the judge accepted was "The Claimant has suffered no actual, or genuine pre-estimate of loss as a result of the alleged overstay, and their charge of £100 is therefore not recoverable" ...

My questions are thus: Would this suffice as my defence in this case? And do I need to explain my circumstances in the same way I did when I emailed PE?

Again, many thanks in advance for reading

Half_way

Where was/is this car park? Have you contacted the car park owners yet, regarding the actions of their agents?

fedupex

Hi Half_Way and thanks for your reply. It was Holy Trinity Church, Tower Road Newquay. I figured being a CCC it was too late for that?

fedupex

One more specific question please: How do I include in my defence the fact that my long-term debilitating medical condition which slows me down (blue badge or not) should allow me to park for longer?

Coupon-mad

fedupex wrote: »

Hello again, I emailed Parking Eye with an offer but have heard nothing (surprise surprise) and so I would like to ask for help submitting a defence please. I have a few days left. Having read through a few defence examples, I'm pretty confused as to what I should include seeing as I'm only contesting the fact that the ex shouldn't be liable for such a charge considering the overstay was only about 20 minutes and due to my disability.

I read Parking Eye V Cargius and the only defence the judge accepted was "The Claimant has suffered no actual, or genuine pre-estimate of loss as a result of the alleged overstay, and their charge of £100 is therefore not recoverable" ...

My questions are thus: Would this suffice as my defence in this case? And do I need to explain my circumstances in the same way I did when I emailed PE?

Again, many thanks in advance for reading

No chance with that. You do know the Beavis case a year ago, kicked out 'GPEOL' as a defence?

How do I include in my defence the fact that my long-term debilitating medical condition which slows me down (blue badge or not) should allow me to park for longer?

You write exactly that - it's your ex who must be doing this as the parking ticket was issued to him as was the court claim. State that the parking firm has caused indirect discrimination to the disabled population at large which has caused detriment to the driver, who was in such pain that they struggled to get back into the car comfortably, before leaving to get home as quick as possible, certainly not agreeing to pay a further charge for the minutes taken to get back into the vehicle in pain, then carefully drive out, giving way to cars and pedestrians.

You can also cite the BPA Grace Periods of course.

And what's wrong with the very good defence examples shown under 'Small Claim?' in the NEWBIES thread? I added to them just this week! Go and read them and grab the best defence points (yep it's a learning curve but I do NOT accept that they are hard to understand!).

Finally, is your original PCN (NOT the 'Reminder') a 'blank space at the bottom' one which does not mention '29 days...keeper liability'. Compare it CAREFULLY to this:

http://forums.moneysavingexpert.com/showthread.php?p=71526676

WHICH ONE DO YOU HAVE?

HTH