ParkingEye County Court Defence - Help

klaus303

is anybody available to read my WS at the end of page 1? I'm hoping to submit today.

Many thanks

Quentin

Have you already revealed who was the driver in previous corresponcence?

klaus303

No, I’m guessing my WS needs to be reworded to the correct pronoun?

Quentin

klaus303 wrote: »

No, I’m guessing my WS needs to be reworded to the correct pronoun?

Well .....not just your Ws

The ppcs monitor this forum and can use posts in your thread against you

Coupon-mad

No, as it's P/Eye, defend as admitted driver if you were, unless the original NTK they've shown was not a POFA one (check it for para 9 POFA wording). I suspect it is a POFA one so be honest, be the driver and you will find it easier to talk to the Judge in court without biting your tongue.

Your WS needs paragraph numbers and the transcript from the Newquay car park case v ParkingEye, that held that 'driving round for 31 minutes looking for a space is not parking' (see the Parking Prankster's case law). Print off that transcript.

i have discovered some new evidence regarding the lack of planning permission at the time of the alleged incident. Additionally, i have remembered that a shipping container and skip were located in close proximity to where my car was, thus blocking the line of sight to the signs. thankfully the signage pictures submitted within their evidence show these objects.

All good!

How long were you driving round for, and were you collecting a guest of the Hotel? Say so, as that shows the Judge you were perfectly authorised to be there to collect a guest, just like a taxi would, without penalty.

klaus303

thanks for the feedback. is the section regarding planning permission relevant?

Coupon-mad

Yes include it, as P/Eye discontinued one like it:

http://parking-prankster.blogspot.com/2016/08/parkingeye-discontinue-two-cases.html

It can be harder than some, to defend a P/Eye case, so you might need that if the Judge isn't with you on other basic points like signage.

klaus303

Your WS needs paragraph numbers and the transcript from the Newquay car park case v ParkingEye, that held that 'driving round for 31 minutes looking for a space is not parking' (see the Parking Prankster's case law). Print off that transcript.

In their WS, they state that the signage includes comments regarding waiting etc, albeit in small text. so would this case still be relevant?

klaus303

By way of an update I’ve just come out of my hearing and the case has been dismissed!! Plus I have been awarded costs of £54

When I got their the parking eye advocate had a quick word with me, and stated she hadn’t received her copy of my witness statement. While I filled this late via email, I did have a copy of the email I had sent as proof, so I knew I had this up my sleeve.

Once called in the judge explained the process, but before allowing her to speak, or me raise my RoA argument he said there was an issue.

Their witness statement included a vague document from the landowner, giving them the right to operate on the land. But the name of the signature was redacted.

However, after giving his thoughts on the issue the judge stated that this was not sufficient proof that they had the right to operate and so dismissed the claim.

He did say though that were it not for this issue, which HE had discovered, it is likely that I would have lost my case (but this doesn’t allow for RoA or that they didn’t have my witness statement, as these issues were not raised in court).

He awaited me half a days wage plus parking and mileage. He didn’t allow for my 3 hours of litigant time though.

Thanks for everyone’s help

Redx

Well done

Another one bites the dust