barnet hospital - parkingeye court action

Redx

also complain to your local MP, especially as the Sir Greg Knight parking bill is passing through parliament


its unlikely to help in this court case but should be done anyway - regardless

shal4

thanks all. i will soon create my defence and share here. i am now only worried that how i will prove in my defence that i was only waiting and not parked in 46 minutes my car was in car park. in court, do PE have to prove that i was parked or do i have to prove that i was not parked but waiting in parking area - while sitting inside the car. i mean can my claim be considered although i have no evidence like video recording etc. court may think may be i parked and went shopping? i have no receipts - i only have hospital appointment proof that i left car park 15 minutes before appointment time and met appointment time. i have requested PALS to send me appointment letter copy.
whose responsibility is to prove whether i parked or not - PE or mine? PE only have photos showing time my car entered car park and after 46 minutes leaving car park. please help.

nosferatu1001

Ive already said that YOUR statement is evidence, and alongside that you have your proof of appointment - on balance of probability ie greater than 50% is your story true? Well it's known to be busy, it's known that you had an apppintment so why would you leave before your apppintment?

Redx

PE have to prove their case to a judge such that the judge is sure that their case is solid


their cameras only prove TIME ON SITE and not "PARKING TIME". neither do their cameras show a vehicle has "parked"


your defence will paritally state that the vehicle was never parked and was always waiting for a parking spot and when none were available the vehicle left , so frustration of contract


PE laos have to prove their case against a keeper under POFA2012 id the driver has never been identified


so you as defendant have to decide if you are defending as keeper, or if its better to argue the case from the drivers perspective


remember, you are defending as defendant, so unless a claimant proves their case beyond 50/50, they have no case


post your defence on here for critique

shal4

you experts are so amazing and do a very selfless work of helping innocent victims... thanks a lot!

PE should really be taken to court by citizens as illegal rogue traders. they should offer parking space inside barriered area and allow a car in only if there is a parking space. by the way, hillingdon council is very nice and operates likes this.
I will also write to local MP.
I will share my defence here soon.

Coupon-mad

i will fill AOS form.

I hope you didn't fill in a paper form for AOS? NEWBIES thread shows you what to do.

shal4

thanks coupon mad. i was about to post it. now i will explore the post 2 and fill online one asap. many thanks. you knew what i was likely to do. :-D

The_Deep

Read this

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Deanet123

Hi there,I'm a driving instructor, my pupil made a wrong turn into a parking eye car park ,I hadn't realised at the time that it was one these car parks,until I got s notice yo pay£60 ,I did mean to reply but my father in law had come to live with us at this time sho is suffering with Alzhiemers ,so life itself has been rather stressful of late,now I have a court summons, also the charge has gone upto £175 ,i cannot end up with a ccj as this could put me out of work ,as i need to be snlr to get loans to pay for z car ,to be sble to work ,so i think im begrugingley going to have to find the money and pay it ,within this 14 day period ,unless there is something else i can do ,best regards Deane

Le_Kirk

1. Read the Newbie sticky at the top of the forum, second post down.
2. Start your own thread, it is considered bad manners to hi-jack someone else's thread
3. When you have read and understood the free advice, send the appeal using the template.
4. You will not get a CCJ UNLESS you receive an invite to the small claims court, do not defend it, lose and then fail to pay the amount under the court's direction within the time frame stated on the judgement