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ParkingEye County Court Defence- I have proof?

edited 4 May 2018 at 3:26PM in Parking Tickets, Fines & Parking
52 replies 14.2K views
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  • JoshBrux wrote: »
    All done, submitted via email and have recieved the letter of confirmation from the Tribunals service, so now its the 28 day waiting game i guess.

    Josh, what happened?

    Surely you are past WS and evidence stage but you didn't come back?
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  • Hi, just a quick update on this, I can't remember exact dates, June time I recieved a rather hefty pack from ParkingEye addressing some of the points in my defense (They seem to have omitted almost every retort that didnt include Beavis), they also asked for proof that I was a patron at the time the alleged breach of contract took place, to which I duely sent them. I haven't heared anything back about this.

    Last month however I did receive a notice from my local court to say a hearing date had been set for late November, I accepted mediation in the hopes something good would come of it, but after ready the forums it does seem it'll be a waste of time. So i guess my next steps are getting witness statements together etc for the actual case.

    I havent sorted anything out yet as i was weighing up the options of how likely it is theyll pull out. I don't want to go to all the effort of getting everything together only for them to not even turn up.
  • So i guess my next steps are getting witness statements together etc for the actual case.

    Your own WS and evidence, not anyone else's unless your case is unusual.

    They will turn up, almost certainly. I am guessing the hefty pack was a reply to something you asked for, and not their actual WS and evidence?
    What date does the court hearing letter say both parties had to exchange and file WS and evidence by?
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  • edited 8 September 2018 at 9:13PM
    JoshBruxJoshBrux Forumite
    23 Posts
    edited 8 September 2018 at 9:13PM
    Coupon-mad wrote: »
    Your own WS and evidence, not anyone else's unless your case is unusual.

    They will turn up, almost certainly. I am guessing the hefty pack was a reply to something you asked for, and not their actual WS and evidence?
    What date does the court hearing letter say both parties had to exchange and file WS and evidence by?


    Yes, obviously, but this would be the time I also approached the cinema management, asking them to state the remedial steps theyve taken to stop issue happening again right?

    The pack they sent was essentially my defence repeated back to me, with them disputing most of the points I (We) had made, although most of the points were just 'ibid'. It also had some pictures of the carpark with the placement of the signs as well as a copy of ParkingEye vs Beavis. It wasn't something I asked for it just arrived a couple of weeks after I submitted my defence. This is also when they asked for proof that i was a patron of the cinema. Is this unusual?

    I'm not going to reveal the exact date as im aware they read these boards, but the court hearing letter says we need to exchange 14 days before it so i a few months to sort it out.
  • beamerguybeamerguy Forumite
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    JoshBrux wrote: »
    Yes, obviously, but this would be the time I also approached the cinema management, asking them to state the remedial steps theyve taken to stop issue happening again right?

    The pack they sent was essentially my defence repeated back to me, with them disputing most of the points I (We) had made, although most of the points were just 'ibid'. It also had some pictures of the carpak with the placement of the signs as well as a copy of ParkingEye vs Beavis. It wasn't something I asked for it just arrived a couple of weeks after I submitted my defence. This is also when they asked for proof that i was a patron of the cinema. Is this unusual?

    I'm not going to reveal the exact date as im aware they read these boards, but the court hearing letter says we need to exchange 14 days before it so i a few months to sort it out.

    The great thing about the new debt protocol is that you
    can dispute anything and everything within 30 days
    It is then up to them to prove otherwise

    With regards to Parking Eye v Beavis, it's fast becoming
    a big joke because ..... parking companies and stupid
    debt collectors are living in clouds

    BEAVIS v PARKING EYE in the Supreme Court
    Often, these powerless debt collectors make reference
    to the Parking Eye/Supreme court case ? They seem to
    think that this is the key for them to extort money from
    you.
    Barry Beavis took Parking Eye to court because he claimed
    the charges were unfair. The court said they were ... and
    that was it. So unless you are claiming that the charge
    was unfair, the Supreme court decision has no bearing
    on you and it's yet more rubbish that debt crawlers use
  • PPCs always throw the Beavis case at people. So what if the facts differ?!

    WS and evidence stage is explained in the NEWBIES thread, with examples.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • So plot twist! (Sort of) I've had a letter from ParkingEye, 'Without prejudice (SAVE AS TO COSTS)'

    'We are now in reciept of further information and in an effort to bring this matter to conclusion without further cost to either party we are prepared to accept the sum of £60'

    Is this protocol or damage mitigation? I'm not sure how to interpret it.
  • edited 20 September 2018 at 2:09AM
    Coupon-madCoupon-mad
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    edited 20 September 2018 at 2:09AM
    It sounds like they are thinking of discontinuing. Keep strong! :)

    Reply by email to:

    [email protected]

    Headed up (DO NOT ADD TO THIS! Do not use 'without prejudice' in your reply and DO NOT refer to the offer or £60 at all...):
    'Re your latest letter - disclose the further information under a SAR, or discontinue Claim No. xxxxxxxx'.

    I see that ParkingEye are now stating that you have received 'further information' which suggests to me that some individual or company has been discussing my case with you. The only other plausible alternative is that you must have had internal discussions about my case, my personal data and my VRN and the alleged parking event, all of which identify me as a 'data subject'.

    Either way, I wish to see everything related to this 'further information'.

    Under the GDPR, I now require you to provide me with the source of this 'further information' and also show me all emails, case notes, status updates and information held that relates to me/my VRN/the above claim. I am entitled to see all data you are processing and clearly 'further information' is something new.

    You must consider this a SAR.

    As such, as well as the recent data processing I will also require you to divulge all the evidence (that you must have to hand, given the claim in progress) that you intend to rely upon and which involves my data in any form.

    This is clearly not an excessive request, given the claim you are actively processing and my data is very much 'to hand' in your Enforcement team's files. Should you refuse, I will report ParkingEye to the ICO for having secret discussions internally, or with a third party, about me, and failing to disclose that data when required to by the data subject.

    This email is provided to you as open communication and will be produced and relied upon at the hearing, should you proceed further.

    Even if you cancel/discontinue after putting me through months of harassment, I still wish to be furnished with the results of my SAR, including the new 'information' you have processed in whatever form. You have 30 days to supply the SAR information, regardless of whether you discontinue the claim.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • SystemSystem Forumite, Community Admin
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    As C-M says above is a very good idea.

    Though a WP letter can't be shown to the judge until after the judge has made the decision, if the judge has made a decision and is shown the part that says "further information" - and that was not revealed to the judge prior - then PE would be on a sticky wicket.

    Better to word you letter in reference to a SAR and the overriding objectives within the Civil Procedure Rules.
  • Bloody hell, this is starting to feel like a game of chess! :T

    I'll get it sent off ASAP, thanks guys!
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