Parking Eye Court Claim Form - Please help

Redx

agreed, but due to the BEAVIS case and the relatively new contract I am struggling to decide what legal technicalities you have for the defence, because all your decisions up to this point have been flawed as I pointed out above

I take it you do know that they beat BEAVIS on an overstay in a free car park 2 years ago and that decision is binding on lower courts ?

its like you have been living in a cave for the last 2 or 3 years !! lol

PE are the most litigious parking company and this case is handed to them on a plate unless you find a chink in their armour, which I doubt that you can unless they failed POFA2012 ? check the NTK timeline for delivery and look for the POFA warning too


they will almost definitely pay the court fee and turn up

hurtbuyer

Redx wrote: »

maybe so, but the threat of a court case doesnt go away until 6 years have elapsed when it becomes statute barred

if indigo go looking through all their cold cases (especially now that they have lost the contract), which they may do, you may well get an unpleasant surprise in the post, so you cannot say that IGNORE was successful until 6 years after the last INDIGO ticket

ie:- its a false statement to make, its just that PE are more on the ball than INDIGO having beaten BARRY BEAVIS 3 times in 3 courts, the last being the Supreme Court 2 years ago


what worries me is that you based your strategy with a PE ticket on the flawed premise of IGNORE like the INDIGO ones, on the flawed assumtion that IGNORE makes them "go away", yet each and every outstanding pcn could still result in a court case and you must have been aware about the INDIGO versus staff court cases last year

you cannot possibly draft a defence based on that assumption or premise because it was incorrect from the off. plus you did not appeal it and then take it to ADR at popla either


to answer one of your questions, it is EXTREMELY LIKELY that PE will go to a hearing, they have the BEAVIS case in their favour, so unless you can find a legal technicality to beat them with, you will likely lose

they are likely to have a landowner contract seeing as they recently took it on

they are likely to have good signage for the same reason

it is also likely that they got the pcn to you within 14 days and that it had the POFA warning on it

If that does happen, will the maximum still remain the £145 they are asking or can it go up?

Redx

I believe it will stay at that figure, but dont quote me


perhaps you can settle out of court with a lower offer ? (especially if all their ducks are in a row)


the time to be brave was appealing and going to popla, not court , not for this one

hurtbuyer

Redx wrote: »

I believe it will stay at that figure, but dont quote me


perhaps you can settle out of court with a lower offer ? (especially if all their ducks are in a row)


the time to be brave was appealing and going to popla, not court , not for this one

Indeed - a bit late now . It's trying to find a way to not pay now.

Redx

the only way to do that is to find a loophole like NICK FREEMAN does, a legal technicality

check the NTK against POFA2012 and see if it failed on keeper liability (timescales and wording)

check the signage on the visitor car park

but I think that your flawed assumptions up to now could mean that PE have jumped each and every hurdle in this new contract already and like BEAVIS, you are a fall guy

the aim now is more likely to be a negotiated settlement to avoid court , especially if PE have all their ducks in a row, otherwise they will just say " BEAVIS , YOUR HONOUR" and you will have lost and need to pay up, IN FULL, within one month

in future , dont assume, come here and read the NEWBIES thread, and know your enemy, dont assume they are like the previous enemy

at least BARGEPOLE will chuckle when he reads your thread

Coupon-mad

Have you found the Facebook support re UHW?

A poster here called softwaremad is familiar with that car park and defences.

hurtbuyer

Coupon-mad wrote: »

Have you found the Facebook support re UHW?

A poster here called softwaremad is familiar with that car park and defences.

Thank you. I couldn't find anything that helps me in this particular case.

Can experienced members guide me in the line of defence to take in this case.

Will the 'work for nhs, no parking space found after 45 minutes, so went into a 4 hour max stay visitor car park but could not get out to move because of work commitments' be an acceptable argument? I will then ofcourse expand on that.

Redx

that is more of an excuse than legal arguments , in effect its the WS for what happened on the day and is what is put forward with any evidence much nearer the court hearing, say 2 weeks prior to the hearing

a defence is based on various legal arguments , including

POFA2012 compliance (the law where the keeper can be deemed to be liable)
the CRA 2015, another law
contractual laws (yet more laws)
the BPA CoP (the trade body guidelines)
landowner consent and contract
signage (poor or inadequate etc)
previous court cases with a decision that may help you

I see none of those in this case at the moment, plus I did tell you this earlier, but you are clutching at straws IMHO, I do not think you have looked at the UHW website, which I did yesterday, to see what the trust (board) says about being "fined" in these cases, they clearly spell it out, although they use the F word


http://www.cardiffandvaleuhb.wales.nhs.uk/parking-at-uhw-staff-faqs


IMHO you as keeper are liable, definitely so if PE followed POFA2012 , so the reason you did not pay the initial £40 was because of your blinkered theories that nothing would happen

well it has, and you have the parking company that beat BEAVIS (I am not even sure you know who that is yet) and they won a Supreme Court judgment 2 years ago due to him overstaying on a free car park

I am hoping that reality will set in at some point in your saga, but at the moment I fear your head is still stuck in the sand and you have no idea about this game you have been picked to play in

if PE have dotted all their I,s and crossed all their T,s, you have no chance, so negotiate a settlement, otherwise you are going to get a hiding, that is my prediction here

hurtbuyer

Redx wrote: »

that is more of an excuse than legal arguments , in effect its the WS for what happened on the day and is what is put forward with any evidence much nearer the court hearing, say 2 weeks prior to the hearing

a defence is based on various legal arguments , including

POFA2012 compliance (the law where the keeper can be deemed to be liable)
the CRA 2015, another law
contractual laws (yet more laws)
the BPA CoP (the trade body guidelines)
landowner consent and contract
signage (poor or inadequate etc)
previous court cases with a decision that may help you

I see none of those in this case at the moment, plus I did tell you this earlier, but you are clutching at straws IMHO, I do not think you have looked at the UHW website, which I did yesterday, to see what the trust (board) says about being "fined" in these cases, they clearly spell it out, although they use the F word


http://www.cardiffandvaleuhb.wales.nhs.uk/parking-at-uhw-staff-faqs


IMHO you as keeper are liable, definitely so if PE followed POFA2012 , so the reason you did not pay the initial £40 was because of your blinkered theories that nothing would happen

well it has, and you have the parking company that beat BEAVIS (I am not even sure you know who that is yet) and they won a Supreme Court judgment due to him overstaying on a free car park

I am hoping that reality will set in at some point in your saga, but at the moment I fear your head is still stuck in the sand and you have no idea about this game you have been picked to play in

if PE have dotted all their I,s and crossed all their T,s, you have no chance, so negotiate a settlement, otherwise you are going to get a hiding, that is my prediction here

I totally understand my position. I would negotiate but the problem is that when I called their number, their customer service said that they can't do anything about it as it had gone to their enforcement team. They asked me to email their enforcement team which I did but their turnaround time is 10 working days, days I don't have. So for me it is now either pay in full or put up a defence in the hope that they will want to negotiate at some point before going for a hearing. Please guide me on what is the best approach?

Redx

I would be emailing their enforcement team with a settlement offer

I have already told you I see no defence worth pursuing

they will have this site wrapped tight seeing as they only took it over 6 months ago, so a new contract , new signs, no loopholes , so POFA2012 is likely to be the only chink in their armour, so was the NTK served promptly or after 15 days ? (I asked this before, you have not answered the question yet)


ps:- you were also told to contact that lady on facebook that helps out with parking cases in that area, she even featured on tv not so long ago, plus she was on breakfast tv helping those nurses in the Indigo case


CM mentioned her as softwaremad on here