barnet hospital - parkingeye court action

shal4

nosferatu1001 wrote: »

No, dont use GPEOL. PE vs Beavis kileld that unless you know exactly what youre doing.

ok thanks!!

what you mean by 'PE vs Beavis kileld'... i think u mean killed...

do u mean that PEvs Beavis ruined this logic? i understand...

KeithP

shal4 wrote: »

one more thing i do not understand:

in case of 'ParkingEye v Beavis', driver lost the case, so in my opinion we should not mention this case. how can this case help any driver?

Because your case can be distinguished form PE v Beavis, can't it?

shal4

shal4 wrote: »

also, can i mention - as per advice in one of the above posts - below case in defence statement??

It's this court case transcript #CS018 that might help you.

http://www.parking-prankster.com/case-law.html

please advise if i can refer to this case in defence statement and in court?

Coupon-mad

Yes the Beavis case killed the concept of arguing 'no GPEOL'. So forget it.

but waiting is not parking so no contract scenario.

Driving around looking for a space is not parking, and this will be part of your defence like in this Barnet case where the car was simply not in one car park for the whole time, so never contravened a term:

http://parking-prankster.blogspot.com/2016/03/parkingeye-lose-in-court-accuse-drivers.html

Barnet has lots of mini car parks, and dropping off areas and roadways within the site and the car parks have various t&cs, some say 20 mins dropping off is allowed, some need a staff permit, some allow P&D tickets.

If your car was moving around in between car parks & roads it would have been picked up LOTS of times by PE's cameras, in various places with various terms on signs (but never actually contravening) just like in that case.

Have you sent PE a SAR to force them to disclose all of the times the car was picked up by ANY ANPR camera, in whichever area within this large site?

Like in that case it will be vital to prove the car did not arrive and park and overstay the 20 mins free drop-off, nor fail to pay & display/show a permit. No contravention, never parked in any of the car parks. No contract, as you rightly say.

But get the SAR in by emailing:

enforcement@parkingeye.co.uk

Claim number in the subject line and the words:

'Subject access request for all ANPR capture data from the date of event'.

If you want help and are in the Barnet area, you could contact Mr Mustard (Google him)!

shal4

Coupon-mad wrote: »

Yes the Beavis case killed the concept of arguing 'no GPEOL'. So forget it.

Driving around looking for a space is not parking, and this will be part of your defence like in this Barnet case where the car was simply not in one car park for the whole time, so never contravened a term:

http://parking-prankster.blogspot.com/2016/03/parkingeye-lose-in-court-accuse-drivers.html

Barnet has lots of mini car parks, and dropping off areas and roadways within the site and the car parks have various t&cs, some say 20 mins dropping off is allowed, some need a staff permit, some allow P&D tickets.

If your car was moving around in between car parks & roads it would have been picked up LOTS of times by PE's cameras, in various places with various terms on signs (but never actually contravening) just like in that case.

Have you sent PE a SAR to force them to disclose all of the times the car was picked up by ANY ANPR camera, in whichever area within this large site?

Like in that case it will be vital to prove the car did not arrive and park and overstay the 20 mins or fail to pay & display/show a permit. No contravention. No contract, as you rightly say, but get the SAR in by emailing:

[EMAIL="enforcement@parkingeye.co.uk"]enforcement@parkingeye.co.uk[/EMAIL]

Claim number in the subject line and the words:

'Subject access request for all ANPR capture data from the date of event'.

If you want help and are in the Barnet area, you could contact Mr Mustard (Google him)!

thanks a lot, but am i right no information is required as my husband did not leave car park - there is only one visitor car park. and he kept moving/waiting inside one and the same car park - as were many other cars - in desperate hope of finding empty space.
am i right, no action required? please advise asap. APNR only captures entry and exit and that was only once for each entry and exit

shal4

i read Lord Dunedin's four tests for a penalty. To be honest i do not understand them. am i right that i cannot use a logic that i do not understand as how i will defend in court?

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also, what is meant by 'save from'...in below text by 'This claimant has failed to show any comparable 'legitimate interest' to save their charge from Lord Dunedin's four tests for a penalty'

This case can be easily distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes.
Charges cannot exist merely to punish drivers. This claimant has failed to show any comparable 'legitimate interest' to save their charge from Lord Dunedin's four tests for a penalty, which the Supreme Court Judges found was still adequate in less complex cases, such as this allegation.

---

can i add above paragraph to my defence?

KeithP

Shal4, why don't you look at other Defences and see whet other people have included?

It's your Defence. You can add what you like.

Produce a solid draft and post it for review if you wish.

shal4

i read in a defence statement:

The alleged debt as described in the claim are unenforceable penalties, being just the sort of unconscionable charges exposed as offending against the penalty rule, in ParkingEye Ltd v Beavis.

what is being said above? r they saying case is like Beavis case or different? how will this apply/help to my case?

KeithP

Shal4, are you ever going to do your own research?

Yes, some big words are used there. Have you got a dictionary?

Do you have access to Google?

shal4

ok Keith... please tell me how i can use ParkingEye v Beavisor Lord Dunedin's four tests for a penalty in my defence.

my worry is to write something which is important but since i cannot understand so i cannot explain in court.

i am only requesting help to understand what i am writing.

i have read all defences. i did post defence some days ago but got no review comments. i will post my final one today.